Legal

Terms of Service

Last updated: 16 April 2026

1. Agreement

By creating an account or using the Whal platform at whal.com.au (“the Service”), you agree to these Terms of Service (“Terms”). If you are using the Service on behalf of a company or organisation, you represent that you have the authority to bind that entity to these Terms. If you do not agree, do not use the Service.

2. The Service

Whal is a cloud-based warehouse management system. We provide the software platform; you provide the data and operate your warehouse. We aim to keep the Service available and reliable, but we do not guarantee uninterrupted access. We may perform scheduled maintenance, deploy updates, or temporarily restrict access to address security or stability concerns.

3. Your account

You are responsible for keeping your login credentials secure and for all activity that occurs under your account. If you suspect unauthorised access, notify us immediately. You must provide accurate information when creating an account and keep it up to date.

4. Your data

You own your data. Everything you enter into Whal — products, pallets, stock movements, client details, invoices — remains yours. We do not claim any ownership or intellectual property rights over your data. We store and process your data solely to provide the Service to you, as described in our Privacy Policy.

You are responsible for the accuracy and legality of the data you upload. You must not upload data that infringes the rights of others or violates any applicable law.

5. Billing and payment

Paid plans are billed monthly in advance in Australian dollars. Prices are listed on our pricing page and may change with 30 days' notice. Payments are processed securely by Stripe. If a payment fails, we will notify you and may suspend access until the outstanding balance is resolved.

Free trials do not require a credit card. At the end of a trial, your account will be suspended unless you subscribe to a paid plan. Your data will be retained for 90 days after suspension.

6. Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period — you retain access until then. We do not offer partial refunds for unused portions of a billing period. After cancellation, your data is retained for 90 days and then permanently deleted.

7. Acceptable use

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorised access to other users' accounts or data
  • Interfere with or disrupt the Service or its infrastructure
  • Reverse-engineer, decompile, or disassemble any part of the Service
  • Use automated tools to scrape or extract data from the Service
  • Resell or sublicense access to the Service without our written consent

We reserve the right to suspend or terminate accounts that violate these terms.

8. Intellectual property

The Whal name, logo, software, design, and documentation are owned by us and protected by Australian and international intellectual property laws. These Terms do not grant you any rights to our trademarks or branding. Your right to use the Service is limited to the licence granted by your active subscription.

9. Limitation of liability

To the maximum extent permitted by Australian law, Whal is provided “as is” without warranties of any kind, whether express or implied. We do not warrant that the Service will be error-free or uninterrupted.

To the maximum extent permitted by law, our total liability to you for any claims arising from or related to the Service is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or business opportunities.

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

10. Indemnity

You agree to indemnify and hold Whal harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party rights.

11. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or through a notice in the application at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

12. Governing law

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Victoria.

13. Contact us

If you have questions about these Terms, email us at hellowhal@icloud.com.