Terms Of Service
Please read these terms and conditions carefully before using our software engineering, design, or project onboarding platforms.
1. Agreement to Terms
Legally binding terms governing website access and services.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and The Whale Dev ("we", "us", or "our"), concerning your access to and use of our website (thewhaledev.com) as well as any other media form, channel, mobile website, or application related or connected thereto.
We are registered in India. By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and must discontinue use immediately.
2. Intellectual Property Rights
Our ownership of website content, design codes, logos, and restrictions on use.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3. User Representations & Onboarding
Accuracy requirements for questionnaire submissions and legal capacity.
By using the Site or completing our project onboarding questionnaire, you represent and warrant that:
- All registration and onboarding information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it as necessary.
- You have the legal capacity and you agree to comply with these Terms of Service.
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
4. Prohibited Activities
Actions and usages of our website that are strictly banned.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords or project onboarding specifications.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
5. Project Contracts & Deliverables
Governing frameworks for custom software, payment schedules, and code ownership.
For clients engaging us for custom software engineering, website development, UI/UX prototyping, or mobile application construction:
The specific project scope, delivery milestones, feedback cycles, payment schedules (including advance deposits, invoice due dates, and late payment interests), and transfer of Intellectual Property (IP) rights or source code repositories will be governed exclusively by a separate, bilateral Software Development Agreement or Project Proposal signed by both parties.
These general Terms of Service govern website navigation, public reviews, and initial onboarding requests but do not supersede signed service level agreements (SLAs) or commercial project contracts.
6. Limitation of Liability
Disclaimer of warranty, limits of operational liabilities, and system downtime.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Governing Law & Dispute Resolution
Legal jurisdictions, location courts, and legal enforcement rules.
These Terms shall be governed by and defined following the laws of India.
The Whale Dev and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
8. Contact Us & Inquiries
Contact support coordinates for billing, complaints, or feedback.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
The Whale Dev
Email: thewhaledev.io@gmail.com