LEGAL
Terms & Conditions
Website terms of use governing access to iWhale’s platform and engagement with our digital marketing and web design services. Effective August 1, 2026.
Welcome to iWhale. By accessing or using our website at iwhale.com (“Site”) or engaging iWhale for any digital marketing, SEO, or web design services, you agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully before using our Site or services. If you do not agree with any part of these Terms, you must not use our Site or services.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you (“Client,” “User,” or “you”) and iWhale, a digital marketing and web design agency registered in Queens, New York (“iWhale,” “we,” “us,” or “our”). By accessing our Site, submitting an inquiry, or engaging iWhale for services, you confirm that you are at least 18 years old, have legal authority to enter into this agreement, and agree to comply with these Terms.
2. Services Description
iWhale provides professional digital marketing and web design services, including but not limited to:
• Search Engine Optimization (SEO) — on-page, off-page, technical, and local SEO;
• Generative Engine Optimization / AI Answer Engine Optimization (GEO/AEO) — content and structure optimization for AI-driven search;
• Pay-Per-Click Advertising (PPC) — Google Ads, Meta Ads, and other paid media management;
• Conversion Rate Optimization (CRO) — A/B testing, UX analysis, and funnel optimization;
• AI Website Design & Development — WordPress-based websites using modern design systems;
• Web Hosting — managed hosting, security, and technical maintenance;
• Digital Marketing Consulting — strategy, competitor analysis, and growth roadmaps.
Specific deliverables, timelines, and fees for each engagement are set out in a separate written Service Proposal accepted by both parties. These Terms apply to all such services.
3. Use of Our Website
3.1 Permitted Use
You may use our Site to learn about our services, request quotes, read our blog, and contact us. All use must be for lawful purposes and in accordance with these Terms.
3.2 Prohibited Conduct
You agree not to: (a) use the Site for any unlawful or fraudulent purpose; (b) transmit unsolicited commercial communications (spam); (c) attempt to gain unauthorized access to any part of the Site or our systems; (d) engage in scraping, crawling, or data mining without our express written permission; (e) introduce viruses, trojans, or other malicious code; (f) impersonate iWhale, its employees, or any other person; (g) use the Site in a manner that could damage, disable, or impair its operation.
3.3 Account Registration
If you create an account on our Site or client portal, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@iwhale.com if you suspect unauthorized use.
4. Intellectual Property
4.1 iWhale Content
All content on this Site — including text, graphics, logos, images, videos, software, and the overall “look and feel” — is owned by iWhale or its licensors and is protected by U.S. and international copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without our prior written consent.
4.2 Client Work Product
Ownership of work product created under a specific service engagement is governed by the applicable Service Agreement. Generally, full ownership transfers to the Client upon receipt of complete payment. iWhale’s proprietary methodologies, tools, and internal processes remain the exclusive property of iWhale at all times.
4.3 Trademarks
The iWhale name, logo, and related marks are trademarks of iWhale. You may not use our trademarks in any manner that implies affiliation with, endorsement by, or sponsorship by iWhale without prior written permission.
5. Client Responsibilities
Clients engaging iWhale for services agree to: (a) provide accurate and complete information, including access credentials, brand assets, and business details; (b) review and approve deliverables within the agreed timeframe (typically 3–5 business days); (c) designate a primary contact with authority to approve work; (d) comply with all applicable laws governing their business and industry; (e) not request or encourage iWhale to engage in practices that violate search engine guidelines, advertising platform policies, or applicable law.
6. Fees, Payment & Billing
Fees for services are as set out in the relevant Service Proposal. All invoices are due within seven (7) days of issuance. Late payments accrue interest at 5% per month plus 0.1% daily from the due date. iWhale reserves the right to suspend services on accounts overdue by more than 15 days. Third-party costs (ad spend, platform fees, stock licenses) are not included in iWhale’s fees and are the Client’s sole responsibility. All fees are in U.S. dollars unless otherwise specified.
7. Disclaimer of Warranties
Our Site and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, iWhale disclaims all warranties — express or implied — including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that: (a) the Site will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the Site or server are free of viruses or harmful components.
SEO & Performance: iWhale makes no guarantee of specific search rankings, traffic levels, lead volumes, or return on advertising spend. Search engines and advertising platforms are controlled by third parties and may change their algorithms or policies at any time.
8. Limitation of Liability
To the maximum extent permitted by applicable law, iWhale’s total liability to you for any claims arising from these Terms or your use of our services shall not exceed the total fees paid by you to iWhale in the two (2) months preceding the claim.
iWhale shall not be liable for any indirect, incidental, punitive, consequential, or special damages — including lost profits, lost data, loss of goodwill, or business interruption — arising from your use of or inability to use our Site or services, even if advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless iWhale and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your use of our Site or services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; (d) any content you provide to iWhale for use in delivering services.
10. Privacy
Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Site or services, you consent to the data practices described in the Privacy Policy.
11. Third-Party Links & Services
Our Site may contain links to third-party websites or integrate with third-party platforms (e.g., Google Analytics, CRM tools). These links are provided for convenience only. iWhale has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.
12. Confidentiality
Both parties may receive confidential information in connection with service engagements. Each party agrees to maintain the confidentiality of such information and not to disclose it to any third party without prior written consent, except as required by law. This obligation survives termination of the engagement for a period of three (3) years.
13. Termination
iWhale reserves the right to terminate or suspend your access to our Site or services immediately, without notice, for: (a) material breach of these Terms; (b) non-payment of fees; (c) engaging in conduct that may harm iWhale, other users, or third parties. Upon termination, your right to use the Site ceases immediately. Provisions that by their nature should survive termination (including IP, limitation of liability, indemnification, and confidentiality) will continue in effect.
14. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising from these Terms or your use of our Site or services shall first be subject to good-faith negotiation for no less than 30 days. If unresolved, disputes shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in Queens County, New York, under its Commercial Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction.
15. Changes to These Terms
iWhale reserves the right to modify these Terms at any time. Changes will be effective upon posting to this page with an updated effective date. Your continued use of our Site or services after any such changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
16. Severability & Entire Agreement
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with any applicable Service Proposal and our Privacy Policy, constitute the entire agreement between you and iWhale regarding your use of the Site and services.
17. Contact Us
If you have questions, concerns, or requests regarding these Terms, please contact us:
📧 support@iwhale.com
🌐 iwhale.com
📍 Queens County, New York, USA