Welcome to the Whale services! Our services are primarily intended for Whale corporate clients or authorized
users.
(hereinafter referred to as "You") If you are not a corporate client or an authorized user, please stop
immediately.
Prior to using the products and services, you should read and comply with
User Service Agreement ("This
Agreement") and
Whale Personal Information Protection Policy (Privacy Policy).
Clauses that are significant to the rights and interests of our clients (and their authorized employees)
in this Agreement are marked in bold for emphasis.
Once you complete the registration, check to agree, and start using the relevant services, you will be
deemed to have understood and fully agreed to the contents of this Agreement, and it will have legal effect
on you and Whale.
1. “You” in this Agreement refers to corporate clients or their authorized employees in a cooperative relationship with Whale.
2. The term “Whale” in this agreement refers to the relevant legal entities that provide you with relevant services and assume corresponding responsibilities, including Whale Technology (Hangzhou) Co., Ltd., Hangzhou Zuotoujing Technology Co., Ltd., and their affiliate companies, etc.
3. The services in this Agreement refer to the composite services of smart IoT devices and related intelligent analysis products under the Whale brand that suit the client's needs.
1. You could apply for a free service account under instructions. After completing the registration, reading and consenting to this Agreement and other registration procedures, you can log in with the corresponding account. The rights to use the accounts belong only to the clients or their authorized users, and the accounts cannot be transferred, sublicensed or otherwise permitted by others to use it unless a written permission has been obtained from Whale.
2. To authorize a third-party account to log in or use related services, you have understood and agreed that we will retrieve your necessary information from such third party and use this as registration data to generate an account. (subject to your actual authorization)
3. The account registration information you provide is the only evidence of your association with the account, and you are solely responsible for all activities and consequences under your account and password. Therefore, please safekeep relevant information (including account number, password, registration information, and related verification codes, etc.). If you replace, suspend or terminate the use of the above information and/or related device, or in the event of loss, leakage or theft, you should promptly take necessary measures and inform us.
4. If the account registration information you provide contains any false, incorrect, illegal, and undesirable information, Whale has the right not to register, or to restrict, suspend or terminate your acess to the relevant service account by notifying deadline for correction, suspension of use, cancellation and other measures.
5. When you operate and authorize relevant account to use and enjoy Whale product services, any account using such product services shall be deemed as legally authorized by you with appropriate and necessary right for the use of the account and corresponding functions granted to you hereunder. In the process of using the above authorized account, you shall ensure that the obligations set by Whale are complied, and any consequences arising from such use of the account shall be borne by you.
1. Product services: You can use Whale SpaceSight, Whale Cast, Whale Harbor and other product services on the website or relevant clients. Any specific product service shall be subject to the actual benefits granted to the customer.
2. Enterprise benefits: You can choose and subscribe the enterprise benefits of your company based on your actual demand. The specific type of benefits, fees and usage period shall be subject to the product service order or other business contract. When you complete payment for product service order or other business contract, we will provide you access to the corresponding enterprise benefit product. Meanwhile, you have the right to pay for additional and expanded product service at your own will to enjoy the "additional benefits".
3. Invoice: For the payment made by you for using Whale product service, Whale will issue an electronic VAT invoice to you. You can directly apply for the issuance of corresponding invoice in "My Order" on the relevant product website of Whale, or you can contact the staff of Whale to issue a physical VAT invoice offline.
4. Whale is ever upgrading and improving in an effort to provide you with better products and services. You understand and agree that Whale may upgrade or adjust the relevant services, which will lead to situations such as changes in some functions and suspension of previous services. Related upgrades or adjustments will be published as new versions, system updates, etc. You can apply the new services according to the prompts.
5. Whale may periodically or irregularly overhaul or maintain the platforms or related devices that support its services, which may result in service interruptions for a certain period of time. In the case of such interruptions, Whale will notify you in advance by means of service notification or other means agreed to by the parties, and ensure your product and service benefits.
6. If your service is terminated, unless otherwise provided by laws and regulations, Whale will permanently delete your data from the server and cannot provide or return the data, and you are responsible for backing up the relevant data stored in the service.
1. You agree to abide by laws and regulations and to observe public order, and do not use the relevant services to produce, copy, publish, or disseminate any content that violates laws and regulations, or infringes the legitimate rights and interests of other users or third parties, including but not limited to:
1.1 To publish, transmit, disseminate and store the following contents in violation of state laws and regulations:
(1) Violating the basic principles established by the Constitution;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Damaging the honor or interests of the country;
(4) Inciting ethnic hatred or discrimination, or undermining national unity;
(5) Undermining religious policies, or propagating cults or feudal superstitions;
(6) Spreading rumors, disturbing social order, or undermining social stability;
(7) Disseminating obscenity, pornography, gambling, violence, terror, or abetting crime;
(8) Insulting or slandering others, or infringing legitimate rights or interests of others;
(9) Inciting unlawful assemblies, associations, processions, demonstrations, or crowd-gathering to disturb social order;
(10) Operating in the name of illegal civil organizations;
(11) Containing any other content prohibited by laws and administrative regulations.
1.2 Publishing, transmitting, disseminating, or storing content that infringes lawful rights of others such as the right to reputation, portrait rights, intellectual property rights, and trade secrets;
1.3 Other information that violates laws, regulations, policies, public order, social morality, or interferes with Whale's operations and infringes the legitimate rights and interests of other users or third parties
2. You agree to use relevant product service in accordance with this Agreement and the agreement signed by both Parties and the product service operation instructions. You will not engage in any activities that would infringe upon Whale's legal rights, including but not limited to:
2.1 Log in to or use the Services through a third party not developed, licensed or approved by Whale.
2.2 Reverse engineering, Reverse assembly and reverse compilation of related service products;
2.4 Obtain relevant service and information by creating false identities, misleading, cheating, etc.
2.5 Engage in any act that endangers the relevant service software or uses the related service to endanger the computer network security.
2.6 Other use of the service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement.
3. You fully understand and agree that you are responsible for all actions under your registered service account. You shall ensure that you will not use the Service to engage in any illegal or infringing activities, and all liabilities arising from ordering and using the product service shall be solely and fully assumed by you.
Whale fully understands the importance of personal information protection, we recommend you to read the Personal Information Protection Policy (hereinafter referred to as "this Policy") before using our products or services. We strive to be clear and concise and to use bold text to alert you to the clauses of this policy that are significantly relevant to your rights and interests.
1. During the use of related products and services, you may add or transfer related content material to the site by various means, such as uploading, publishing, and so on. In this case, you should ensure that the relevant content material does not infringe the intellectual property rights of third parties and does not contain content prohibited by laws and regulations. At the same time, we respect your intellectual property rights, unless with your consent, we will not use, modify, copy, publicly transmit, alter, distribute or publicly publish your intellectual property content.
2. All intellectual property rights of Whale's products and services belong to Whale. You should respect Whale's intellectual property rights and use the content only under the authorization of Whale and its related rights holders..
3. You may not display or use the Whale logo or otherwise process it in any way without prior written consent from Whale. You must not indicate to others that you have the right to display, use, or otherwise handle the Whale logo.
1. You understand that our relevant products and services have been in accordance with industry technical standards and safety standards to ensure that you can easily, safely, and stably use them. You understand that despite the above technical measures, the relevant product services may still be affected by various factors, such as the improper operation of users, network quality, social environment, etc. At the same time, related product services may also be invaded by various security issues, such as malicious programs containing viruses and Trojan that users may download and install, which will affect the smooth use of related service parts. Therefore, you should strengthen the awareness of information security and personal information protection, and pay attention to password protection to avoid losses.
2. Maintaining the security and proper use of the product service is the joint responsibility of Whale and you. Whale will take the necessary technical measures to protect the security of your information and data in accordance with industry standards. Still, you acknowledge and agree that Whale does not provide a full warranty in this regard.
3. You understand and agree that decisions in using our products and services are made at your own discretion and that you shall bear all risks arising from the above-mentioned actions, this includes risks arising from reliance on the correctness, completeness, or usefulness of the content.
4. You agree that Whale is not responsible for any service interruption or termination due to force majeure.
5. In consideration of the features of Internet security environment and the fact that relevant product service or device may be revealed in public place when in use, we especially remind you of the information security risk when using the product service in the above environment. You should understand that the above functions shall be used in accordance with the requirements of laws and regulations and compliance requirements agreed by both Parties. Meanwhile, you should understand and agree that Whale does not, nor it can control how you use the product service, and you shall determine whether to use relevant functions with discretion.
1. Whale may send you service related information such as rules, notifications, prompts, in a variety of ways including service account notifications.
2. You should ensure that the e-mail, mobile phone number, mailing address and other information provided is valid, so as not to miss the relevant notification due to the errors in the above information.
3. You may contact us by the following means or by the means agreed upon by both parties. Mail to:【hello@whale.im】.
1.
Whale has the right to partially or fully revise and update the content of this Agreement in accordance
with national
laws, regulations, or policies. We will inform you of any changes to this agreement in the form of
service notices, web
postings, etc. The new agreement will take effect after notice or postings and replace the original
agreement. You can
browse the service notices or public announcements and read the latest version of the agreement at any
time.
If you do not agree to the change of the agreement, you can immediately stop using our products and
services. If you
continue to use our products and services, you are deemed to accept the amended agreement. In addition, you
confirm and
agree to enter into this Agreement with Whale in the form of data electronic text by using Internet
information
technology and fully acknowledge the validity of this Agreement.
2. If any provision of this Agreement is invalid or unenforceable in whole or in part for any reason, the remaining provisions of this Agreement shall remain valid and binding.
3.This agreement applies the law of the People's Republic of China. In the event of any dispute over this agreement, a lawsuit may be filed in the People's Court with jurisdiction in Hangzhou, Zhejiang Province.