Terms of Service

1. Eligibility

You may use the Service only if you: (a) are at least 18 years old and have legal capacity to enter a contract; (b) are not located in, or a resident or national of, any country or region subject to comprehensive sanctions, and are not on any U.S., Canadian, EU, UK, or UN sanctions or restricted-party list (including OFAC lists); and (c) are not barred from using the Service under applicable law. The Service is intended for self-directed, non-professional traders for personal, non-commercial research use.

2. Definitions

In these Terms: "Service" means the WhaleClues website at whaleclues.com and all data, indicators, content, tools, dashboards, and subscription features made available on or through it. "Content" means all data feeds, analytics, indicators, charts, reports, text, and other materials provided through the Service. "Indicators" means our proprietary analytics signals, including the XJER buy/sell-pressure indicator. "Account" means the account you register to access the Service. "Subscription" means a paid Monthly or Annual membership. "Trial" means any free trial we make available. "You" or "User" means the individual accessing or using the Service.

3. The Service

WhaleClues provides real-time and historical market analytics, including institutional positioning metrics, volatility models, order-flow observations, volume analytics, and proprietary indicators, for educational, informational, and research purposes only. We may add, modify, or discontinue features at any time.

4. Accounts

You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. One account per user; concurrent logins, credential sharing, and providing access to third parties are prohibited. Notify us immediately of any unauthorized use at [email protected].

5. Subscriptions, Billing & Auto-Renewal

• Plans and pricing are disclosed at checkout. By subscribing, you authorize us and our payment processors to charge your selected payment method on a recurring basis (monthly or annual) until you cancel.
• Affirmative consent & disclosure: Before you are charged, we clearly and conspicuously disclose the price, billing frequency, renewal terms, and cancellation method, and obtain your express consent.
• Renewal & trial notices: Trial-ending, renewal, and receipt notifications are sent through our payment processor (Stripe).
• Price changes: We may change pricing for future billing cycles, with advance notice (by email or in-app) before the change takes effect; your current term honors the rate in effect at purchase.
• Failed payments: If a charge fails or is reversed, we may suspend or terminate access until payment succeeds.
• Taxes, VAT/GST, currency-conversion, bank, and processor fees are your responsibility and are handled as described in the Refund Policy.

6. Cancellation

You may cancel at any time, and cancellation is at least as simple as sign-up: from your Account page, choose Manage subscription to open the self-serve billing portal. Cancellation stops future renewals; access continues until the end of the current paid term. Cancellation does not by itself entitle you to a refund except as set out in the Refund Policy.

7. Free Trials

We offer a 7-day free trial. A payment method is required to start it, but you are not charged during the trial and may cancel anytime before it ends. Unless you cancel before the trial ends, your paid subscription begins automatically at the disclosed rate after the 7 days.

8. Refunds

Refunds are governed by our Refund Policy, incorporated by reference. Your 7-day free trial is the risk-free period: once a paid charge is made it is final and non-refundable, except where a refund is required by applicable law. For EU/UK consumers, statutory withdrawal rights (including the 14-day cooling-off period) apply in addition to the Refund Policy.

9. Acceptable Use & Restrictions

The Service, and all data, indicators, and content within it, are licensed to you for your own personal, non-commercial use only. You may not, for any reason, copy, reproduce, scrape, harvest, republish, redistribute, resell, sublicense, transmit, or publicly display any of our data, Content, or indicators, in whole or in part. This restriction is fundamental to protecting our proprietary data and is strictly enforced.

You also may not:

• use scrapers, bots, crawlers, spiders, scripts, browser extensions, automated systems, or any unauthorized API or tool to access, monitor, extract, or copy data from the Service;
• reverse engineer, decompile, disassemble, modify, or create derivative works from any part of the Service;
• bypass, disable, or interfere with any security, access control, rate limit, paywall, or usage-monitoring system;
• allow multiple concurrent logins, share your password or account, or provide account access to any third party;
• use the data or Content to build, train, or feed any competing product, model, dataset, or service;
• use the Service unlawfully, to harass others, or to infringe any third-party rights.

Accounts found to have violated these restrictions may be suspended or terminated immediately, without refund and without notice, and the violator may be subject to legal action.

10. Intellectual Property & License

All Content, data feeds, analytics models, software, trademarks (including "WhaleClues" and the "XJER" indicator), interfaces, designs, reports, charts, and dashboards are the exclusive property of WhaleClues or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial research only. All rights not expressly granted are reserved.

10A. Community & Code of Conduct

If you participate in any WhaleClues community channel (such as our Discord server, comments, or chat features), you agree to behave respectfully and lawfully. You may not: post spam, scams, or unsolicited promotions; harass, threaten, or abuse other members or staff; share, leak, or redistribute WhaleClues data, screenshots, or paid content outside the Service; impersonate WhaleClues, its staff, or others; or post unlawful, infringing, or malicious content. Community access is a privilege, not a right; we may remove content and suspend or ban participants at our discretion, without affecting your subscription obligations. Anything shared in community channels is for discussion only and is not financial advice from WhaleClues.

11. Not Financial Advice; Regulatory Status

The Service is for educational, informational, and research purposes only and does not constitute investment, financial, legal, tax, or trading advice, nor a solicitation, offer, or recommendation to buy or sell any security, derivative, futures contract, or cryptocurrency.

WhaleClues is not:

• a registered investment adviser or broker-dealer under the U.S. Securities Exchange Act or with the SEC, FINRA, or any state securities regulator;
• a Commodity Trading Advisor (CTA), Commodity Pool Operator, or Introducing Broker registered with the U.S. CFTC or a member of the NFA, and does not provide commodity or futures trading advice;
• a registered adviser or dealer under the securities laws of any Canadian province (including under the Ontario Securities Commission / OSC) or any other jurisdiction.

You are solely responsible for your own trading decisions and for independently evaluating the accuracy, completeness, timeliness, and usefulness of any data, indicator, or observation before relying on it. Your use of any ideas, data, indicators (including XJER), or systems provided through the Service is entirely at your own risk. See the full Disclaimer, incorporated by reference.

12. Third-Party Data & Services

The Service relies on third-party market-data providers, payment processors, and infrastructure. We do not warrant their accuracy or availability and are not responsible for their acts or omissions. Your use of third-party services is governed by their terms.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Limitation of Liability

To the fullest extent permitted by law, WhaleClues and its employees, contractors, partners, and affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for trading losses, lost profits, business interruption, or data inaccuracy, even if advised of the possibility. Our total aggregate liability for any claim shall not exceed the amount you paid to WhaleClues in the 12 months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless WhaleClues and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

16. Suspension & Termination

You may stop using the Service and cancel at any time. We may suspend or terminate your access, with or without notice, for breach of these Terms, suspected fraud or abuse, non-payment, or as required by law. Sections that by their nature should survive termination (e.g., IP, disclaimers, limitation of liability, indemnification, governing law) survive.

17. Changes to the Service and to These Terms

We may modify the Service or these Terms. For material changes to the Terms, we will provide notice (e.g., by email or in-app) and update the "Last Updated" date. Continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service.

18. Governing Law & Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to Section 19, you and WhaleClues submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

19. Dispute Resolution

Before bringing any formal claim, you agree to first contact us at [email protected] and attempt to resolve the dispute informally; we will do the same in good faith. If the dispute is not resolved within 30 days, it will be resolved exclusively in the courts of Ontario, Canada, in accordance with Section 18.

We do not require binding arbitration, and you are not required to waive your right to bring or participate in court proceedings. Nothing in these Terms limits any mandatory consumer-protection rights that applicable law grants you and that cannot be waived by agreement.

20. Export Controls & Sanctions

You represent that you are not located in, and will not use the Service from, any sanctioned or embargoed jurisdiction, and that you will comply with all applicable export-control and sanctions laws.

21. Force Majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including data-feed failures, internet or hosting outages, market disruptions, natural disasters, or governmental actions.

22. General

• Severability: If any provision is held unenforceable, the remainder stays in effect.
• Entire Agreement: These Terms, with the Privacy Policy, Disclaimer, and Refund Policy, are the entire agreement between you and WhaleClues.
• Assignment: You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Waiver: Our failure to enforce any provision is not a waiver.
• No third-party beneficiaries.
• Notices: We may provide notices via email or in-app; you may contact us at [email protected].