Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "Subscriber," "User," or "you") and Whalepages Inc., a Delaware corporation ("Whalepages," "we," "our," or "us"), governing your access to and use of the Whalepages website located at whalepages.com (the "Site"), the Whalepages CRM platform, the EstateGraph™ API, all bulk portfolio and historical dataset products, the Global Transit Vectoring dashboard, the Household Dynamics Workspace, the Biometric Horizon Suite, the Shadow Capital Core, and all other data intelligence products, enrichment feeds, and ancillary services offered by Whalepages (collectively, the "Services").

By accessing the Site, registering for an account, executing a Data License Agreement, submitting a vetting application, making a payment, or otherwise using any portion of the Services, you represent that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy incorporated herein by reference. If you are accessing the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree, you are not authorized to access or use the Services and must immediately cease all such access.

Whalepages reserves the right to modify these Terms at any time. Continued use of the Services following the posting of any amendment constitutes binding acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

1. Eligibility and Account Registration

Access to the Services is restricted to qualified institutional and individual clients who have successfully completed Whalepages' vetting process. To be eligible, you must: (a) be at least 18 years of age; (b) be legally authorized to enter into binding contracts in your jurisdiction of residence; (c) represent a lawful business purpose for your intended use of the Services; (d) satisfy the minimum financial qualification criteria established by Whalepages from time to time; and (e) not be a resident of any jurisdiction subject to comprehensive economic sanctions administered by the United States Office of Foreign Assets Control or any applicable analogous authority.

To register for an account, you must complete our institutional vetting application and provide all information requested therein, including government-issued identification, financial profile data, and a description of your intended use of the Services. Whalepages reserves the right to approve or deny any application in its sole discretion, without obligation to provide a reason for denial. Approval of your application does not constitute a guarantee of continued access, and Whalepages may revoke or suspend access at any time for any reason.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Whalepages immediately of any unauthorized access to your account. Whalepages shall not be liable for any loss or damage arising from your failure to safeguard your credentials. Account credentials are non-transferable and may not be shared with any third party.

2. Data License and Permitted Use

Subject to your compliance with these Terms, payment of all applicable fees, and execution of a Data License Agreement where required, Whalepages grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the data, intelligence products, and Services made available to you under your subscription tier or purchased product ("Licensed Data"). This license is granted solely for your internal business purposes and is subject to any use restrictions specified in your Data License Agreement.

Permitted Uses. You may use the Licensed Data to conduct due diligence, investment research, relationship mapping, wealth identification, target prioritization, and other internal business intelligence activities consistent with the scope of your executed Data License Agreement. You may incorporate Licensed Data into your internal systems and workflows, subject to the data handling requirements set forth herein.

Prohibited Uses. You may not: (a) resell, sublicense, redistribute, or otherwise transfer the Licensed Data to any third party without Whalepages' prior written consent; (b) use the Licensed Data to facilitate unlawful discrimination, harassment, stalking, or any other activity that violates applicable law; (c) use the Licensed Data to engage in predatory lending, illegal debt collection, or any other regulated activity for which you do not hold the required authorizations; (d) attempt to re-identify individuals from anonymized or aggregated datasets; (e) use the Licensed Data to build a competing data product or service; (f) use automated means to access or scrape the Site or Services beyond the scope of your API license; or (g) use the Licensed Data for any purpose prohibited by applicable law, including any purpose that would constitute an unfair or deceptive trade practice.

All Licensed Data remains the exclusive property of Whalepages or its data suppliers. No ownership interest in any dataset, database, model, or derivative work is transferred to you under these Terms. Your license terminates automatically upon expiration or termination of your subscription or Data License Agreement, at which point you must promptly destroy all copies of Licensed Data in your possession and certify such destruction in writing upon request.

3. Fees, Payment, and Renewal

Access to the Services is conditioned upon payment of all applicable subscription fees, one-time acquisition fees, API usage charges, overage fees, and any other amounts specified in your order or Data License Agreement (collectively, "Fees"). All Fees are denominated in United States Dollars unless otherwise agreed in writing. Whalepages reserves the right to modify its fee schedule at any time upon thirty (30) days' notice.

Unless otherwise specified, subscription fees are billed in advance on a monthly basis and are non-refundable. One-time dataset acquisition fees are payable in full prior to delivery and are non-refundable under any circumstances. By providing payment information, you authorize Whalepages to charge all Fees to your designated payment method. If any payment is declined or returned, Whalepages may suspend your access immediately and assess a processing fee of $250 per returned transaction.

Subscriptions renew automatically at the end of each billing cycle unless you provide written notice of cancellation at least thirty (30) days prior to the renewal date. Cancellation of a subscription does not entitle you to a refund of any prepaid Fees. Upon cancellation, your access to the Services will continue through the end of the current paid billing period, after which access will be terminated and you must comply with the data destruction requirements set forth in Section 2.

Whalepages accepts payment by wire transfer, ACH, and major credit cards. Clients with a minimum annual contract value of $500,000 may arrange payment by cryptocurrency upon written agreement. All amounts past due are subject to interest at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. You are responsible for all taxes, duties, and levies imposed on transactions under these Terms, excluding taxes on Whalepages' net income.

4. Acceptable Use and Compliance

You agree to use the Services in full compliance with all applicable federal, state, local, and international laws and regulations, including but not limited to: the Fair Credit Reporting Act ("FCRA") and its implementing regulations; the Gramm-Leach-Bliley Act; the Driver's Privacy Protection Act; the Health Insurance Portability and Accountability Act where applicable; applicable state privacy laws including the California Consumer Privacy Act; the General Data Protection Regulation and UK GDPR where applicable; and all applicable anti-money-laundering and sanctions regulations.

You expressly acknowledge that the Licensed Data is not provided for any purpose regulated by the FCRA, including but not limited to employment screening, tenant screening, or consumer credit determinations, unless you have obtained a separate FCRA-permissible purpose certification from Whalepages and executed the required FCRA addendum to your Data License Agreement. Use of the Licensed Data for any FCRA-regulated purpose without such certification constitutes a material breach of these Terms.

You are solely responsible for ensuring that your use of the Licensed Data complies with all applicable laws and does not infringe upon the rights of any third party. Whalepages makes no representation or warranty that any particular use of the Licensed Data is lawful in your jurisdiction, and nothing in these Terms shall be construed as legal advice. You are encouraged to consult qualified legal counsel before using the Licensed Data for any purpose that may be subject to regulatory scrutiny.

Whalepages maintains an audit log of all API queries, dataset downloads, and platform activity associated with your account. These logs are retained for a minimum of seven (7) years and may be disclosed to law enforcement or regulatory authorities pursuant to a valid legal process. Your use of the Services constitutes your consent to such logging and potential disclosure.

5. Data Quality and Disclaimer of Warranties

Whalepages makes reasonable commercial efforts to ensure the accuracy, completeness, and currency of the Licensed Data. However, given the nature and scale of our data operations — which involve automated aggregation from hundreds of source datasets, inference modeling, and continuous enrichment — we cannot guarantee the accuracy of any specific data point or profile.

THE SERVICES AND LICENSED DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WHALEPAGES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHALEPAGES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA, PROFILE, OR INTELLIGENCE OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE LICENSED DATA AND THE SERVICES.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHALEPAGES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND DATA SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR LICENSED DATA, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR REPUTATIONAL HARM, EVEN IF WHALEPAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WHALEPAGES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO WHALEPAGES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WHALEPAGES WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent such limitations are prohibited by applicable law, they shall apply to the maximum extent permitted.

7. Indemnification

You agree to indemnify, defend, and hold harmless Whalepages and its officers, directors, employees, agents, affiliates, licensors, and data suppliers from and against any and all claims, demands, actions, losses, liabilities, damages, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services or Licensed Data; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement of any rights of a third party, including intellectual property rights and privacy rights; or (e) any act or omission of your employees, agents, contractors, or authorized users.

Whalepages reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Whalepages in asserting all available defenses. You shall not settle any claim that imposes any obligation, restriction, or liability on Whalepages without Whalepages' prior written consent.

8. Confidentiality

In connection with your use of the Services, you may receive or have access to information that Whalepages designates as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information includes, but is not limited to, our data sourcing methodologies, data supplier identities, pricing, proprietary algorithms, enrichment techniques, and any information marked as confidential.

You agree to: (a) hold all Confidential Information in strict confidence using at least the same degree of care you use to protect your own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without Whalepages' prior written consent; and (c) use Confidential Information solely for the purpose of using the Services as authorized herein. Your confidentiality obligations survive termination of these Terms for a period of five (5) years or, with respect to trade secrets, indefinitely.

You acknowledge that the identity and nature of the individuals and entities contained within our datasets is not Confidential Information and that our data products are made available to multiple licensees for commercial use. Nothing in this section limits Whalepages' right to disclose information about our data products and business operations as part of our normal commercial activities.

9. Intellectual Property

All content, data, software, technology, trademarks, trade names, logos, visual design, and other materials made available through the Site or Services are the exclusive property of Whalepages or its licensors and are protected by applicable intellectual property laws. The structure, organization, and compilation of our datasets constitute proprietary databases protected under applicable law. Nothing in these Terms grants you any ownership interest in any Whalepages intellectual property.

You may not copy, modify, reproduce, distribute, create derivative works from, reverse engineer, decompile, or disassemble any portion of the Services or Licensed Data except as expressly permitted under your Data License Agreement. Any unauthorized use of Whalepages intellectual property may subject you to civil and criminal liability.

If you provide Whalepages with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby grant Whalepages a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our products and services without any obligation to you.

10. Suspension and Termination

Whalepages reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to: your breach of these Terms; your failure to pay any amounts due; conduct that Whalepages reasonably believes may expose it to legal liability; or any other reason in Whalepages' sole discretion. In cases of suspected fraud, misuse, or material breach, Whalepages may suspend access immediately and without prior notice.

Upon termination, your license to access and use the Services and Licensed Data terminates immediately. You must within ten (10) business days destroy all copies of Licensed Data in your possession, custody, or control, including all backups and derivative works, and certify such destruction in writing upon our request. Termination does not relieve you of any payment obligations incurred prior to termination.

Sections 2 (with respect to license termination), 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of these Terms shall survive any termination or expiration of your access to the Services.

11. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Binding Arbitration. Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, interpretation, or validity thereof ("Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in Wilmington, Delaware by a single arbitrator appointed in accordance with AAA rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have no authority to award punitive damages.

Class Action Waiver. You agree that any arbitration shall be conducted solely on an individual basis and not as a class, collective, or representative action. You waive any right to bring or participate in any class action, collective action, or representative proceeding with respect to any Dispute. This waiver is a material inducement to Whalepages entering into these Terms.

Exceptions. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to preserve the status quo pending arbitration, and Whalepages may bring an action in any court of competent jurisdiction to enforce payment obligations or protect its intellectual property rights.

12. Third-Party Services and Links

The Site and Services may contain links to or integrations with third-party websites, services, or data sources. Whalepages does not endorse and is not responsible for the content, privacy practices, or terms of any third-party services. Your access to and use of third-party services is governed solely by the terms and policies of those services. Whalepages shall not be liable for any damage or loss caused by or in connection with your use of or reliance on any third-party service.

Our data products incorporate information derived from hundreds of third-party source datasets. Whalepages does not independently verify the accuracy of all source data and makes no representations regarding the original collection practices of any third-party data supplier. By licensing our data products, you acknowledge this limitation.

13. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, any executed Data License Agreement, and any applicable order forms, constitute the entire agreement between you and Whalepages with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver. Whalepages' failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged in writing by an authorized representative of Whalepages.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Whalepages' prior written consent. Whalepages may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Force Majeure. Whalepages shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, government actions, or any other event of force majeure. In such event, Whalepages shall provide prompt notice and use commercially reasonable efforts to resume performance as soon as practicable.

Notices. All legal notices to Whalepages must be submitted in writing to legal@whalepages.com. Whalepages may provide notices to you via email to the address associated with your account or by posting a notice on the Site.

Export Controls. You agree to comply with all applicable export control laws and regulations, including those administered by the U.S. Department of Commerce and the U.S. Department of the Treasury. You represent that you are not a person or entity listed on any U.S. government denied-party list and will not use the Services or Licensed Data in any manner that would violate applicable export control or sanctions regulations.

14. Contact Information

For questions regarding these Terms, please contact our Legal Department:

For data removal and privacy requests, please visit our Data Removal portal or review our Privacy Policy.