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 (“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 AI WordPress Website Builder platform.
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 ICANN (Internet Corporation for Assigned Names and Numbers).
2.2. Web Hosting and AI Website Smart Plan
- AI Website Smart Plan services include the provisioning of shared or dedicated web hosting resources and comprehensive services.
- The Provider utilizes third-party infrastructure and is not liable for service interruptions caused by third-party providers or events beyond the Provider’s control.
- Specific features, bandwidth limits, and pricing for the AI Website Smart Plan are detailed on the website and are subject to change with notice.
2.3. AI WordPress Website Builder (SaaS)
- The Provider grants the Client a non-exclusive, non-transferable license to use the AI Builder software during the subscription period.
- 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.
2.4. SEO Services
- The Provider agrees to execute specific SEO strategies (e.g., content strategy, keyword tracking).
- Due to the complexity of external factors and the proprietary, constantly changing nature of search engine algorithms, 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 laws and search engine guidelines.
2.5. Network Security Services
- Security services provide tools (e.g., security suites, password management) intended to enhance the Client’s cybersecurity posture.
- The Client acknowledges that absolute security cannot be guaranteed, and the Client retains primary responsibility for data security and compliance with relevant laws.
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 through the methods specified on the Provider’s website.
3.2. Automatic Renewal
Subscription-based services, including hosting and the AI Website Smart Plan, will automatically renew for subsequent terms at the then-current rates unless the Client provides advance written notice of cancellation.
3.3. Taxes
The Client is responsible for the payment of all sales, use, or similar taxes, tariffs, or duties imposed on the services.
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.
4.2. Refund Policy
Refunds are available only for eligible services as expressly detailed in the Provider’s specific refund policy.
Non-Refundable Fees: Domain registration, domain transfer fees, and fees for any third-party licenses acquired on the Client’s behalf are non-refundable.
The Provider reserves the right to withhold any refunds if termination is due to the Client’s breach of this Agreement or applicable service policies.
5. Intellectual Property Rights
5.1. Provider’s Intellectual Property
All code, underlying technology, software (including the AI Builder platform), content, trademarks, and all other intellectual property related to the Provider’s services remain the exclusive property of the Provider and its licensors.
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.
6. Confidentiality and Privacy
6.1. Confidentiality
Both the Client and the Provider agree to keep all non-public business information and trade secrets confidential and to use such information only as necessary to perform their obligations under 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.
7. Warranties and Limitation of Liability
7.1. Disclaimer of Warranties
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 SERVICES, INCLUDING HOSTING, SEO, AND THE AI BUILDER SOFTWARE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
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 twelve (12) months preceding 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 provisions.
8.2. Dispute Resolution
The parties agree to resolve any dispute, claim, or controversy arising out of this Agreement through good-faith negotiation, mediation, or binding arbitration.
8.3. Jurisdiction
Any litigation arising from or relating to this Agreement shall be brought exclusively in the state and 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.
Acceptance: By using our website or Services, you agree to these Terms and Conditions. For questions or concerns, please contact support@iwhale.com.