Terms and Conditions of Service

PLEASE READ THIS AGREEMENT CAREFULLY. These Terms and Conditions, together with any Service Order or acceptable use policy, constitute the complete agreement (this “Agreement”) between you (“Client” or “you”) and the Provider.

1. Definitions and Acceptance

1.1. Introduction, Data Controller, and Commitment This Policy is issued by WHALEVER LLC, a New York-registered limited liability company, operating under the brand IWHALE.com (hereinafter referred to as the “Provider” or “Company”). We are committed to maintaining the privacy and security of the Personal Data we process.

1.2. Acceptance of Terms By accessing or using the Provider’s website, purchasing services, or utilizing any resources made available by the Provider, you confirm that you have read, understood, and irrevocably agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must not use our services.

1.3. Services “Services” refers collectively to the Domain Registration, Web Hosting, SEO, Network Security, AI Website Smart Plan, and the AI WordPress Website Builder platform offered by the Provider.

2. Scope of Services

2.1. Domain Registration and Transfer Domains are offered on a first-come, first-served basis and subject to availability and the rules of the respective registrar (ICANN). Fees paid for domain registration or transfer are strictly non-refundable once the process has been initiated.

2.2. Web Hosting and AI Website Smart Plan

Services include the provisioning of shared or dedicated web hosting resources and comprehensive services provided through the AI Website Smart Plan.
The Provider utilizes third-party infrastructure and is not liable for service interruptions caused by third-party hosting providers or scheduled maintenance.
Specific features, bandwidth limits, and pricing for the AI Website Smart Plan are detailed on the website and are subject to change upon renewal.

2.3. AI WordPress Website Builder (SaaS)

The Provider grants the Client a non-exclusive, non-transferable license to use the AI Builder software solely for the purpose of generating content and developing a WordPress website.
The Provider makes no representation or warranty regarding the performance or output of the AI Builder; the platform is provided solely based on its existing functions and state. The quality and accuracy of the generated content depend entirely on the Client’s input and prompts.

2.4. SEO Services

The Provider agrees to execute specific SEO strategies (e.g., content strategy, keyword tracking).
Disclaimer of Guarantee: Due to the complexity of external factors and the proprietary, constantly changing nature of search engine algorithms (e.g., Google, Bing), the Provider expressly disclaims any guarantee of specific search engine rankings or traffic levels.
The Client is solely responsible for ensuring their website content and practices comply with all applicable search engine guidelines. The Provider is not liable for any penalties incurred due to client violation of third-party policies.

2.5. Network Security Services

Security services provide tools (e.g., security suites, password management) intended to enhance the Client’s security posture.
The Client acknowledges that absolute security cannot be guaranteed, and the Client retains primary responsibility for implementing and adhering to all recommended security practices, including the use of strong passwords and timely software updates.

3. Payment, Billing, and Renewals

3.1. Payment Terms All service fees must be prepaid prior to the provision or renewal of the Services. Payment shall be made via credit card through the Provider’s secure checkout system.

3.2. Automatic Renewal Subscription-based services, including hosting and the AI Website Smart Plan, will automatically renew for subsequent terms of the same duration unless the Client cancels the service prior to the renewal date. The Client authorizes the Provider to charge the associated subscription fees to the payment method on file upon each renewal.

3.3. Taxes The Client is responsible for the payment of all sales, use, or similar taxes, tariffs, or duties imposed by any government entity, excluding taxes based solely on the Provider’s net income.

4. Cancellation and Refunds

4.1. Termination by Notice Either the Client or the Provider may terminate this Agreement or any individual Service with a 30-day written notice provided to the other party.

4.2. Refund Policy Refunds are available only for eligible services as expressly detailed in the Provider’s specific refund policy posted on the website.

Non-Refundable Fees: Domain registration, domain transfer fees, and fees for any third-party licenses acquired on the Client’s behalf are non-refundable once purchased.
The Provider reserves the right to withhold any refunds if termination is due to the Client’s breach of this Agreement.

5. Intellectual Property Rights

5.1. Provider’s Intellectual Property All code, underlying technology, software (including the AI Builder platform), content, trademarks, and materials created or provided by the Provider are the exclusive intellectual property of the Provider and are protected by copyright and other intellectual property laws.

5.2. Client’s Intellectual Property The Client retains all ownership rights to the website content, data, graphics, and other materials provided by the Client or generated by the Client using the AI Builder (subject to any necessary third-party AI licensing agreements). The Client grants the Provider a worldwide, royalty-free license to use, reproduce, and display the Client Content solely for the purpose of providing the Services.

6. Confidentiality and Privacy

6.1. Confidentiality Both the Client and the Provider agree to keep all non-public business information and trade secrets of the other party confidential both during and after the term of this Agreement.

6.2. Privacy Policy The Provider’s collection and use of Personal Data are governed by the separate Privacy Policy, available on the website. The Client is responsible for ensuring compliance with all applicable data protection laws (e.g., GDPR, CCPA) with respect to data collected from the Client’s own website users.

7. Warranties and Limitation of Liability

7.1. Disclaimer of Warranties THE SERVICES, INCLUDING HOSTING, SEO, AND THE AI BUILDER SOFTWARE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” The Provider makes no warranties, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. The Provider does not warrant that the Services will be uninterrupted, error-free, or completely secure.

7.2. Limitation of Liability The Provider shall not be liable for:

Downtime, interruptions, or failures caused by third-party infrastructure providers or scheduled maintenance.
Loss, corruption, or destruction of data resulting from hacking, negligence, system failures, or client misuse.
Any indirect, incidental, special, or consequential damages.

7.3. Maximum Liability The Provider’s total aggregate liability arising out of or related to this Agreement shall in no event exceed the total fees paid by the Client to the Provider for the specific Service giving rise to the claim during the three (3) months immediately preceding the event that gave rise to the claim.

8. Governing Law and Dispute Resolution

8.1. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

8.2. Dispute Resolution The parties agree to resolve any dispute, claim, or controversy arising out of this Agreement through good-faith negotiation or mutually agreed-upon mediation before pursuing legal remedies.

8.3. Jurisdiction Any litigation arising from or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York, New York.

9. Modification of Terms and Acceptance

The Provider reserves the right to modify these Terms and Conditions at any time. The updated terms will be posted on the website and will become effective immediately upon posting. Your continued use of the Services following the posting of the updated terms constitutes your acceptance of the revised Agreement.

Acceptance: By using our website or Services, you agree to these Terms and Conditions. For questions or concerns, please contact us at support@iwhale.com.