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Terms of Service

Effective Date: June 1, 2025Last Updated: June 1, 2025

These Terms of Service ("Terms") govern your access to and use of the services provided by PT Whalecore Teknologi ("Whalecore," "we," "us," or "our"), including our website at whalecore.ai and our AI-as-a-Service platform (collectively, the "Services").

Please read these Terms carefully before using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access or use the Services.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to both you individually and the organization.

2. Description of Service

Whalecore provides an AI-as-a-Service (AaaS) platform that enables businesses to integrate autonomous AI agents and intelligent systems into their workflows. Our Services include, but are not limited to:

  • AI agent deployment and management
  • Natural language processing and understanding capabilities
  • Machine learning model hosting and inference
  • API access for programmatic integration
  • Dashboard and analytics tools
  • Documentation, support, and related professional services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. User Accounts and Registration

To access certain features of the Services, you may be required to create an account. When registering, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate and complete
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account or any other breach of security

You must be at least 18 years of age to create an account and use our Services. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates any applicable local, national, or international law or regulation
  • Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks
  • Use the Services to transmit or distribute malware, viruses, or other harmful code
  • Use the Services to generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Interfere with or disrupt the integrity or performance of the Services or related systems
  • Reverse engineer, decompile, or disassemble any portion of the Services
  • Use the Services to build a competing product or service
  • Resell, sublicense, or redistribute the Services without our prior written consent
  • Use automated means (bots, scrapers) to access the Services except through our official APIs
  • Circumvent any rate limits, usage quotas, or other technical measures we implement

5. Intellectual Property

The Services, including all content, features, and functionality (such as text, graphics, logos, icons, images, audio, video, software, and code), are owned by Whalecore and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our IP:We retain all rights, title, and interest in and to the Services, including all related intellectual property rights. These Terms do not grant you any right to use Whalecore's trademarks, logos, domain names, or other brand features.

Your Content:You retain ownership of any data, content, or materials you submit, upload, or transmit through the Services ("Your Content"). By submitting Your Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and store Your Content solely to provide and improve the Services.

AI Outputs: Outputs generated by our AI services based on Your Content are owned by you, subject to any applicable limitations in your subscription plan. We may use anonymized and aggregated data derived from service usage to improve our models and Services.

6. Payment Terms

Certain features of the Services may require payment. By subscribing to a paid plan, you agree to the following:

  • Pricing: All prices are as listed on our website or as agreed upon in a separate written agreement. Prices are subject to change with 30 days' prior notice
  • Billing Cycle: Subscriptions are billed on a recurring basis (monthly or annually) depending on your selected plan
  • Payment Method: You must provide a valid payment method. You authorize us to charge your payment method for all fees incurred
  • Taxes: All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including VAT and withholding taxes as required under Indonesian law
  • Refunds: Unless otherwise required by law, fees are non-refundable. If you cancel your subscription, you will retain access until the end of your current billing period
  • Late Payments: We reserve the right to suspend or terminate your access to the Services if your payment is overdue

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Whalecore, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your access to or use of (or inability to access or use) the Services
  • Damages resulting from any unauthorized access to or use of our servers or any personal information stored therein
  • Damages resulting from any interruption or cessation of transmission to or from the Services
  • Damages resulting from any bugs, viruses, or similar issues transmitted through the Services by any third party

In no event shall our total aggregate liability exceed the greater of one hundred US dollars (USD $100.00) or the amount you have paid to Whalecore in the twelve (12) months preceding the claim.

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Whalecore does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Services will be accurate or reliable; (d) any errors in the Services will be corrected; or (e) the AI outputs generated by the Services will be accurate, complete, or suitable for any particular purpose.

You acknowledge that AI-generated outputs may contain errors, inaccuracies, or biases, and you are solely responsible for evaluating and validating any outputs before relying on them for any purpose.

9. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of applicable fees
  • Requests by law enforcement or government agencies
  • Extended periods of inactivity

You may terminate your account at any time by contacting us or using the account deletion feature in your dashboard. Upon termination, your right to access and use the Services will cease immediately. We may retain certain data as required by law or for legitimate business purposes.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Jakarta, Indonesia, and you consent to the personal jurisdiction of such courts.

11. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to the following:

  • Mediation: The parties shall first attempt mediation administered by a mutually agreed-upon mediator in Jakarta, Indonesia
  • Arbitration: If mediation fails, the dispute shall be settled by binding arbitration in accordance with the rules of the Indonesian National Arbitration Board (BANI)
  • Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action

12. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Whalecore regarding the Services
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect
  • Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision shall not constitute a waiver
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction
  • Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemic, or government actions

13. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us:

PT Whalecore Teknologi

Email: contact@whalecore.ai

Website: whalecore.ai