Terms of Use
Terms of Use
Terms of Use, Policies, and Disclaimers
Your affirmative act of using our website located
at www.whaleharry.com (and all associated sites
linked to it) or services ("WhaleHarry") signifies that
you agree to the following terms and conditions of use
("Terms of Use"). If you do not agree, do not use
WhaleHarry. WhaleHarry is the property of
WhaleHarry A.Ş. ("us", "we" or "our").1. Changes to the terms of
use
We may change these Terms of Use at any time. If
you continue to use WhaleHarry after we post
changes to these Terms of Use, you are signifying
your acceptance of the new terms. You will always
have access to our Terms of Use and will be able to
check it at any time. By reloading this page, you will
have the most up-to-date version available to
WhaleHarry users.
2. Changes to WhaleHarry
We may discontinue or change any service or feature
on WhaleHarry at any time without notice. We do not
guarantee backward compatibility of our services and
Application Programming Interface (API) in this case.
3. Ownership of
information; license to use
WhaleHarry; redistribution
of data; non-display usage
Unless otherwise noted, all rights, titles, and interests
in WhaleHarry, and all information made available
through WhaleHarry or our services, in all languages,
formats, and media throughout the world, including,
but not limited to, all copyrights and trademarkstherein, are the exclusive property of WhaleHarry, our
affiliates or our Data Providers, as defined in section 6
(disclaimer regarding content) below.
All rights, title and interest in and to any data or/and
other information provided by Interactive Data (IDCO),
and all such data/information made available by
Interactive Data (IDCO) through WhaleHarry or our
services, in all languages, formats and media
throughout the world, including all copyrights and
trademarks therein, are the property of Interactive
Data (IDCO), our affiliates or our Data Providers (as
applicable).
The content and market data provided on the
WhaleHarry platform, including but not limited to
charts, alerts, webhooks, and any other forms of
information, are licensed for exclusive display-only
use. This license is strictly limited to personal or
internal business purposes and explicitly prohibits any
form of non-display usage. Such prohibited uses
include, but are not limited to, any form of automated
trading, automated order generation, price
referencing, order verification, algorithmic decision-
making, algorithmic trading, smart order routing, using
data in operations control or risk management
programs, or any machine-driven processes that do
not involve the direct, human-readable display of such
data. Such prohibited cases also include creating
products or services based on WhaleHarry content
any processing of WhaleHarry's content, or any otheruse cases that undermine the restrictions in place by
the Data Providers.
Notwithstanding the foregoing, it is expressly
forbidden not only direct non-display usage by our
users but also the development, offering, or utilization
of any third-party products, tools or services designed
to facilitate or enable such non-display usage of
WhaleHarry's content and market data. For the
avoidance of doubt, it is hereby explicitly prohibited for
any third party to create, offer, or operate any product
or service that:
1. Utilizes, repurposes, or relies upon WhaleHarry's
market data, including but not limited to charts,
alerts, webhooks, and any forms of information
provided by WhaleHarry, for any form of
automated trading, algorithmic decision-making,
or any other non-display purposes.
2. Facilitates, enables, or encourages WhaleHarry
users or any other parties to engage in activities
that would constitute a breach of this policy,
including but not limited to automated order
generation, price referencing, order verification,
smart order routing, or the use of WhaleHarry
data in operations control, risk management
programs, or any machine-driven processes
excluding direct, human-readable display.
3. Claims compatibility with, or advertises the use of,
WhaleHarry's features (such as webhooks) for
purposes that are explicitly prohibited by
WhaleHarry's terms, thereby indirectlycontributing to violations of WhaleHarry's usage
restrictions.
This policy applies equally to all entities, irrespective
of whether they are direct users of WhaleHarry's
services or third-party service providers. The provision
of features by WhaleHarry, such as webhooks, is
intended solely for permissible uses within the scope
of display and personal or internal business purposes,
as originally defined. Any interpretation, adaptation, or
exploitation of these features that contravenes the
spirit or letter of this policy is strictly forbidden. Any
attempt by a third-party provider to claim non-usage of
WhaleHarry's services as a defense for facilitating
prohibited uses of WhaleHarry's data is hereby
declared null and void. The obligations and
restrictions contained in this policy apply equally to
WhaleHarry's direct users and to any third-party
entities that provide services or products that interact
with, or make use of, WhaleHarry's data, irrespective
of their direct engagement with the WhaleHarry
platform.
Except as otherwise expressly permitted, our
agreements with Data Providers strictly forbid the
sublicensing, assigning, transferring, selling,
loaning, or any distribution of WhaleHarry
content, including market data, for any form of
compensation. In addition, you shall not, without
the prior expressed written consent of WhaleHarry
and the relevant Data Providers, make copies of
any of the software or documentation that may beprovided, electronically or otherwise, including,
but not limited to, translating, decompiling,
disassembling or creating derivative works.
Except as otherwise expressly permitted by additional
agreement, we do not permit commercial usage of
any of our services or APIs. We make no warranty
and assume no obligation or liability for third party
services or software. Please see section 21 (third-
party software) below for further information.
WhaleHarry reserves the right to take any and all
necessary actions, including legal measures, to
ensure compliance with these terms, protect its
intellectual property, and maintain the integrity of its
services. This encompasses conducting audits or
investigations into suspected violations, as well as
initiating legal proceedings against any parties —
whether users or third-party providers — found to be
in breach of these terms. Consequences of such
breaches include, but are not limited to, the blocking
of the user or visitor, termination of their account, and
potential legal penalties. WhaleHarry may terminate
access to its services, seek injunctive relief, and
demand damages to safeguard its contractual rights
and the interests of its data providers and user
community. These actions underscore WhaleHarry's
commitment to enforcing its policy and preserving the
platform's trusted environment.
4. AttributionWhaleHarry grants all users of Whaleharry.com, and
all other available versions of the site, to use
snapshots of WhaleHarry charts in analysis, press
releases, books, articles, blog posts and other
publications. In addition, WhaleHarry grants the use of
all previously mentioned materials in education
sessions, the display of WhaleHarry charts during
video broadcasts, which includes overviews, news,
analytics and otherwise use or promote WhaleHarry
charts or any products from the WhaleHarry website
on the condition that WhaleHarry attribution is clearly
visible at all times when such charts and products are
used.
Attribution must include a reference to
WhaleHarry, including, but not limited to, those
described herein.
Use of WhaleHarry charts during video or other
promotions where WhaleHarry attribution is not
visible, must include a description of the product used
therein. For instance: "Charting platform used for this
analysis is provided by WhaleHarry," or simply "Charts
by WhaleHarry." Font size should not be less than 10
PT = 13PX = 3.4MM.
You can use the "Snapshot" button in the top toolbar
of the chart to instantly create a picture file of your
current chart. WhaleHarry will automatically take a
snapshot with all required attributions and provide a
link where you can view your chart, download it or
share it. The use of any WhaleHarry products outside
the WhaleHarry website, without a proper attributionof WhaleHarry, is not allowed. This extends to any
tools (such as widgets) obtained on the WhaleHarry
website and utilized on the outside resources, where
attribution should remain as was originally designed
and intended. Users who disobey this attribution rule
herein may be banned permanently, and other legal
actions may be taken to ensure compliance. This
includes, but is not limited to, cease-and-desist
warnings, court orders, injunctions, fines, damages
relief, and so on.
5. Third-party sites and
advertisers
WhaleHarry may include links to third-party websites.
Some of these sites may contain materials that are
objectionable, unlawful, or inaccurate. You agree that
WhaleHarry shall not be held liable for any trading
activities or other activities that occur on any website
you access through links on WhaleHarry. We provide
these links as a convenience, and do not endorse the
content or services offered by these other sites. Any
dealings that you have with advertisers found on
WhaleHarry are between you and the advertiser and
you acknowledge and agree that we are not liable for
any loss or claim you may have against an advertiser.
Unauthorized soliciting on WhaleHarry is strictly
prohibited and may result in penalties, including, but
not limited to, temporary or permanent bans of the
account found in violation, and any appropriate andavailable legal action for monetary and other
damages.
6. Disclaimer of warranties
WhaleHarry WEBSITE AND SERVICES AND ALL
INFORMATION, CONTENT, MATERIALS AND
PRODUCTS INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS WEBSITE
AND SERVICES ARE PROVIDED BY WhaleHarry
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WhaleHarry MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THAT
ANY OF THE INFORMATION AVAILABLE THROUGH
OUR SERVICES OR ON WhaleHarry IS ACCURATE,
RELIABLE, CURRENT, COMPLETE OR
APPROPRIATE FOR YOUR NEEDS. WhaleHarry
DOES NOT GUARANTEE, REPRESENT, OR
WARRANT THAT YOUR USE OF THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND
YOU AGREE THAT FROM TIME TO TIME
WhaleHarry MAY REMOVE THE SERVICE FOR
INDEFINITE PERIODS OF TIME, OR CANCEL THE
SERVICE IN ACCORDANCE WITH THE TERMS OF
THIS TERMS OF USE. WhaleHarry DOES NOT
REPRESENT OR GUARANTEE THAT THE SERVICE
WILL BE FREE FROM LOSS, CORRUPTION,
ATTACK, VIRUSES, INTERFERENCE, HACKING,
OR OTHER SECURITY INTRUSION, AND
WhaleHarry DISCLAIMS ANY LIABILITY RELATINGTHERETO. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE OR
LOSS THAT RESULTS FROM THE DOWNLOAD OR
USE OF ANY SUCH MATERIAL.
Various information available through our services or
on WhaleHarry may be specially obtained by
WhaleHarry from professional businesses or
organizations, such as exchanges, news providers,
market data providers and other content providers
(including established financial exchanges such as the
New York Stock Exchange, NASDAQ and Chicago
Mercantile Exchange), who are believed to be sources
of reliable information (collectively, the "Data
Providers"). Nevertheless, due to various factors —
including the inherent possibility of human and
mechanical error — the accuracy, completeness,
timeliness, results obtained from use, and correct
sequencing of information available through our
services and website are not and cannot be
guaranteed by WhaleHarry. Similarly, we make no
warranty and assume no obligation or liability for
scripts, indicators, ideas, and other third-party content.
Your use of any third-party scripts, indicators, ideas
and other content is at your sole risk.7. Disclaimer regarding
investment decisions and
trading
Decisions to buy, sell, hold or trade in securities,
commodities and other investments involve risk and
are best made based on the advice of qualified
financial professionals. Any trading in securities or
other investments involves a risk of substantial losses.
The practice of "Day Trading" involves particularly
high risks and can cause you to lose substantial sums
of money. Before undertaking any trading program,
you should consult a qualified financial professional.
Please consider carefully whether such trading is
suitable for you in light of your financial condition and
ability to bear financial risks. Under no circumstances
shall we be liable for any loss or damage you or
anyone else incurs as a result of any trading or
investment activity that you or anyone else engages in
based on any information or material you receive
through WhaleHarry or our services.
8. Disclaimer regarding
hypothetical performance
results
Hypothetical performance results have many inherent
limitations, some of which are mentioned below. Norepresentation is being made that any account will or
is likely to achieve profits or losses similar to those
shown. In fact, there are frequently sharp differences
between hypothetical performance results and actual
results subsequently achieved by any particular
trading program.
One of the limitations of hypothetical performance
results is that they are generally prepared with the
benefit of hindsight. In addition, hypothetical trading
does not involve financial risk and no hypothetical
trading record can completely account for the impact
of financial risk in actual trading. For example the
ability to withstand losses or to adhere to a particular
trading program in spite of the trading losses are
material points, which can also adversely affect
trading results. There are numerous other factors
related to the market in general or to the
implementation of any specific trading program which
cannot be fully accounted for in the preparation of
hypothetical performance results and all of which can
adversely affect actual trading results.
9. Registered users
Certain services, such as saving charts, publishing
them or the ability to comment on published charts,
are available only to registered users of the
WhaleHarry website and require you to sign in with a
username and password to use them. If you register
as a user (a "Subscriber") of any of the features of
WhaleHarry, during the registration process you maybe prompted to click "Register Now", "Submit" or a
similar button; your clicking on such button will further
confirm your agreement to be legally bound by these
Terms of Use.
In consideration of your use of the WhaleHarry
website, you represent that you are of legal age to
form a binding contract and are not a person barred
from receiving WhaleHarry services under the laws of
the United States or other applicable jurisdiction. You
also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by
the WhaleHarry's registration form (the "Registration
Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or WhaleHarry
has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, WhaleHarry has the right to suspend or
terminate your account and refuse any and all current
or future use of the WhaleHarry services (or any
portion thereof).
You represent and warrant that you have all
intellectual property rights, including all necessary
patent, trademark, trade secret, copyright or other
proprietary rights, in and to your content. If you use
third-party materials, you represent and warrant that
you have the right to distribute third-party material in
the content. You agree that you will not submit
material that is copyrighted, protected by trade secretor otherwise subject to third-party proprietary rights,
including patent, privacy and publicity rights, unless
you are the owner of such rights or have permission
from their rightful owner to submit the material.
We may remove your content without notice if we
reasonably believe that you're in violation of our Terms
of Use.
10. Non-professional
subscriber status
As a vendor of official real-time market data from
exchanges (e.g. Nasdaq) for end users, we are
required to identify the status of any Subscriber. If you
are ordering a subscription for market data on
WhaleHarry as the 'Non-professional', you confirm the
following:
1. You use market data solely for personal use, not
for your business or any other entity.
2. You are not registered or qualified with the
Securities Exchange Commission (SEC) or the
Commodities Futures Trading Commission
(CFTC).
3. You are not registered or qualified with any
securities agency, any securities exchange,
association or regulatory body in any country.
4. You do not perform any functions that are similar
to those that require an individual to register or
qualify with the SEC, the CFTC, any other
securities agency, any securities exchange, orassociation or regulatory body, or any
commodities or futures contract market, or
association or regulatory body.
5. You are not engaged as an investment advisor (as
that term is defined in Section 202 (a) (11) of the
Investment Advisor's Act of 1940) or asset
manager and you are not engaged to provide
investment advice to any individual or entity.
6. You are not subscribing to the service in your
capacity as a principal, officer, partner, employee,
or agent of any business or on behalf of any other
individual.
7. You use your own capital, not provided by any
other individual or entity in the conduct of your
trading.
8. You do not conduct trading for the benefit of a
corporation, partnership, or other entity.
9. You have not entered into any agreement to share
the profit of your trading activities or receive
compensation for your trading activities.
10.You are not receiving office space, and equipment
or other benefits in exchange for your trading or
work as a financial consultant to any person, firm
or business entity.
Should we, or our exchange partners, determine —
based on the information provided and / or companies
websites, email address and domain, LinkedIn,
regulatory or company registries, payment method —
that you actually meet the criteria for a 'Professional'
status at any point during or after subscribing toWhaleHarry or to market data from exchanges, you
will be liable for the difference between the 'Non-
Professional' and 'Professional' subscription rates for
both WhaleHarry subscription and relevant market
data. This applies retroactively from the date you
initiated your subscription. Furthermore, we reserve
the right to automatically invoice you for this difference
and charge the associated amount to your on-file
payment method.
11. Derived data
Our proprietary derivation consumes raw market data
and executes a 2-factor derivation process to produce
the displayed price, later consumed by the price
engine. Derived market data is sourced and supplied
from various sources and can therefore be blended.
The derivation process involves changing the raw
price by a factor determined by the volume of trading
on the underlying market, a randomized variable and
a maximum offset amount. The derived data price is
only ever displayed to our non-professional clients,
the derived data price then being the proprietary value
of an organization.
At no point is raw data accessible by any client, nor
can said data be reverse-engineered in any manner.
All markets are passed through the same derivation
engine.
12. Access and securityYou accept responsibility for the confidentiality and
use of any username and email address that use to
register for your access to and use of our services.
You are responsible for maintaining the confidentiality
of your password and account and are fully
responsible for all activities that occur under your
password or account. WhaleHarry cannot and will not
be liable for any loss or damage from your failure to
comply with this security obligation. You agree to (a)
immediately notify WhaleHarry of any unauthorized
use of your password or account or any other breach
of security, and (b) ensure that you exit from your
account at the end of each session. WhaleHarry
cannot and will not be liable for any loss or damage
arising from your failure to comply.
13. Payment and
cancellation of service
1. By ordering any subscription
on www.Whaleharry.com (including a free trial
period), you confirm that you have read and
accepted our Terms of Use and you authorize
WhaleHarry to automatically charge your bank
card, PayPal account or other supported payment
method according to the billing period manually
selected by you.
2. The service is billed in advance monthly or
annually. Users can try selected paid plans for 30
days free of charge. If the trial is not cancelledbefore its expiration date, it automatically converts
to a monthly or annual paid plan depending on
user's choice.
3. All billing is recurring, which means you will
continue to get billed until you cancel your
subscription. You are solely responsible for
properly cancelling your WhaleHarry subscription.
An email request or support ticket asking for your
subscription to be cancelled is not considered
cancellation. You may cancel your subscription
anytime by visiting the billing section of
your Profile Settings page.
4. If you cancel the service before your current paid-
up period ends, your subscription will remain
active until the next due date. After the due date, if
no payment is received, your subscription will be
stopped. If auto-renewal fails for an annual plan,
you will automatically be switched to a monthly
plan.
5. Refunds are available for annual payments only if
requested within 14 calendar days after the
payment was made. To request a refund, you
need to contact our support team. There are no
refunds for upgrades to a more expensive plan,
monthly plans or market data, even if the
subscription is cancelled on the same day as the
payment has gone through. Please note that
users who filed a chargeback/dispute request or a
claim are not eligible for a refund.6. Our moderators are official WhaleHarry
representatives, with the authority to warn or ban
users (including those with a paid subscription)
when they do not abide by the House Rules. We
do not offer refunds in case you are banned from
publishing content and interacting with others
because your paid subscription and all of its data
and/or features are still available during any such
ban.
14. Apple App Store
subscriptions
Payments will be charged to the user's Apple ID
Account at confirmation of purchase in compliance
with Apple's privacy policy. We recommend that you
familiarize yourself with the terms of payment and
Apple in-app subscriptions. If a purchase is made
from our iOS app, the refund is only possible in
compliance with the App Store policy.
WhaleHarry offers a trial period. It is only possible to
use the trial period once. Subscription payment begins
after the end of your free trial period.
All subscription types are renewed automatically. You
can cancel the renewal option in the App Store within
at least 24 hours before the end of your free trial
period or the current payment date. The cancellation
comes into effect at the end of the current billing
period. At the same time, you retain access to thesubscription from the cancellation moment until the
end of the current billing period.
Accounts may be charged for renewal up to 24 hours
before the end of the current period.
Rates offered in mobile stores and on the web-based
platform might differ. Mobile stores offer subscriptions
based on two billing cycles: annual and monthly.
15. Android app
subscriptions
Financial transactions for subscriptions made in our
Android app processed by a third-party service
(Google Play) in compliance with their terms of
use, privacy policy and any applicable payment terms,
in particular the response on Google Play refunds.
WhaleHarry is not responsible for the actions or
omissions of any third-party payment processor. We
recommend that you familiarize yourself with the
terms of payment and Google Play in-app
subscriptions. If a purchase is made from our Android
app, the refund is only possible in compliance with
Google Play policy.
WhaleHarry offers a trial period. It is only possible to
use the trial period once. Subscription payment begins
after the end of your free trial period.
All subscription types are renewed automatically. You
can cancel the renewal option in Google Play within at
least 24 hours before the end of your free trial period
or the current payment date. The cancellation comesinto effect at the end of the current billing period. At
the same time, you retain access to the subscription
from the cancellation moment until the end of the
current billing period.
The payment is made according to the payment
method that is linked to the user's account in Google
Play. The subscription is made according to Google
Play Account choice, which does not necessarily
conform with the Google Account used to log in to the
application.
Rates offered in mobile stores and on the web-based
platform might differ. Mobile stores offer subscriptions
based on two billing cycles: annual and monthly.
16. Feedback to WhaleHarry
By submitting ideas, content, suggestions,
documents, and/or proposals ("Contributions") to
WhaleHarry through our contact
or feedback webpages, you acknowledge and agree
that: (a) your Contributions do not contain confidential
or proprietary information; (b) WhaleHarry is not under
any obligation of confidentiality, expressed or implied,
with respect to the Contributions; (c) WhaleHarry shall
be entitled to use or disclose (or choose not to use or
disclose) such Contributions for any purpose, in any
way, in any media worldwide; (d) WhaleHarry may
have something similar to the Contributions already
under consideration or in development; (e) your
Contributions automatically become the property of
WhaleHarry, without any obligation of WhaleHarry toyou; and (f) you are not entitled to any compensation
or reimbursement of any kind from WhaleHarry under
any circumstances.
17. Indemnification
You agree to indemnify and hold WhaleHarry and our
subsidiaries, affiliates, officers, agents, employees,
partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made
by any third party due to or arising out of content you
submit, post, transmit, modify or otherwise make
available through the WhaleHarry services; your use
of the WhaleHarry service; your connection to the
WhaleHarry services; your violation of the Terms of
Use; your violation of any rights of another; or any
action taken by WhaleHarry, acting reasonably, as
part of its investigation of a suspected violation of this
Terms of Use or as a result of its finding or decision
that a violation of this Terms of Use has occurred. This
obligation shall survive the termination or expiration of
your use of the service.
If you have a dispute with one or more users of
WhaleHarry, you agree to release WhaleHarry from
any and all claims, demands and damages (actual
and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected
with such disputes.
18. TerminationUpon your request, your account can be deleted from
WhaleHarry. You may delete your account at any time
by visiting your Profile Settings page. If you requested
your account be deleted, we will delete the personal
data associated with your account, however certain
personal data will be retained if it has been integrated
into data that is integral to our systems and site,
including data in communications you have sent via
our site. This data is necessarily retained for the
integrity of the data on the site and our legitimate
business purposes, including auditing, security and
other legitimate interests (please refer to our Privacy
Policy for more information). Your published
Contributions will remain on the site in our discretion.
Once a Contribution has been published, it becomes
part of the communal trading knowledge and should
stay that way. This policy prevents users from keeping
only their best ideas public, thus keeping everyone
honest and maintaining public confidence in the
reputation and integrity of the site.
You agree that WhaleHarry may, without prior notice,
immediately terminate, limit your access to or suspend
your WhaleHarry account, any associated email
address, and access to the WhaleHarry services.
Cause for such termination, limitation of access or
suspension shall include, but not be limited to, (a)
breaches or violations of the Terms of Use or other
incorporated agreements or guidelines, (b)requests by
law enforcement or other government agencies, (c)
discontinuance or material modification to theWhaleHarry services (or any part thereof), (d)
unexpected technical or security issues or problems,
(e) extended periods of inactivity, (f) and/or
engagement by you in fraudulent or illegal activities.
Further, you agree that all terminations, limitations of
access and suspensions for cause shall be made in
WhaleHarry's sole discretion and that WhaleHarry
shall not be liable to you or any third party for any
termination of your account, any associated email
address, or access to the WhaleHarry services.
19. Emails
By creating an account with WhaleHarry, you agree
that WhaleHarry can use your email address to send
you marketing materials, service-related notices,
important information messages, special offers, etc.
You can unsubscribe from this by clicking on the link
provided in the emails.
20. House rules
By creating and using an account on WhaleHarry you
confirm you have read and agree to follow our House
Rules.
21. Third-party software
Our software, website and/or services may include
software components supplied by third parties which
are utilized by permission of the respective licensors
and/or copyright holders on the terms provided by
such parties ("Third-party software"). WhaleHarry
expressly disclaims any warranty or other assuranceto you regarding third-party software. Please note that
your use of the third-Party software will be governed
by the terms and conditions of use and privacy
policies of the third-party software providers and not
by these Terms of Use or our Privacy Policy.
22. Scripts
You represent and warrant that you have all
intellectual property rights, including all necessary
patent, trademark, trade secret, copyright or other
proprietary rights, in and to your script. If you use
third-party materials, you represent and warrant that
you have the right to distribute third-party material in
the script. You agree that you will not submit material
that is copyrighted, protected by trade secret or
otherwise subject to third-party proprietary rights,
including patent, privacy and publicity rights, unless
you are the owner of such rights or have permission
from their rightful owner to submit the material.
You are solely responsible for any script that you
create. WhaleHarry is not in any way responsible for
the use or misuse of your script by any user.
WhaleHarry is not in any way responsible for the use
or misuse of any user's script by you.
By using the publish script feature, you grant us a
world-wide, irrevocable, perpetual, royalty-free license
to:
author;
• publish this script as well as the username of the• disclose the source code of the script for open
scripts;
• perform, display, use and make available your
open or protected script for any user or an invite-
only script for any user that received an invite.
We may remove your script without notice if we
reasonably believe that you are in violation of these
Terms of Use.
You can publish the script under any license. If you do
not include the license in the comment section of a
script, you agree that your script is licensed under
the Mozilla Public License 2.0.
23. Publications — no
recommendation or advice
status
The information and publications are not meant to be,
and do not constitute, financial, investment, trading, or
other types of advice or recommendations supplied or
endorsed by WhaleHarry.
Any statement of view (which may be subject to
change without notice) is the author's personal
opinion, and the author makes no representations or
warranties as to the accuracy or completeness of any
information or analysis provided.
The authors and WhaleHarry are not liable for any
losses incurred as a result of any investment made on
the basis of any perceived recommendation, forecast,
or other information presented here.The contents of these publications should not be
interpreted as an express or implicit promise,
guarantee, or indication by WhaleHarry that
customers will profit or that losses in connection with
them can or will be limited if they rely on the
information provided.
24. WhaleHarry referral
program rules
1. Who is eligible to be a referrer? Any
WhaleHarry account holder can become a
referrer.
2. Who is eligible to become a referee? Your
friends or social media followers may be eligible to
be referees. To receive rewards for referring
someone who orders a paid plan on WhaleHarry,
your referee must be a new WhaleHarry user and
can't have more than one account. In addition,
your referee must create an account via your
shared link and make a purchase on the website.
Note that the bonus can only be given for
purchases made on the website, not in the apps.
3. How can I use my referral link? WhaleHarry
wants you to share your referral link and earn
WhaleHarry rewards, but you agree that you will
• Try to get referees by spamming, bulk
not:
emailing, or sending large numbers of
unsolicited emails. The only people youshould be emailing are people you know
personally;
• Use, display, or manipulate WhaleHarry
intellectual property (such as WhaleHarry
logos, trademarks, and copyright-protected
works) in any way, except as to identify
yourself as a WhaleHarry user or a
WhaleHarry referrer;
• Create or register any (i) businesses, (ii)
URLs, (iii) domain names, (iv) software
application names or titles, or (v) social media
handles or profiles that include the word
"WhaleHarry" or any of WhaleHarry's other
trademarks or any words that are confusingly
similar to WhaleHarry trademarks;
• Purchase keywords (including, but not limited
to Google AdWords) that contain any of
WhaleHarry trademarks;
• Use automated systems or bots through any
channel to distribute, post, or otherwise share
your referral link;
• Use scripts or programmed or automatic
dialers to send invites or otherwise share your
referral link;
• Make misleading claims about WhaleHarry,
use offensive/abusive content, create fake
websites/webpages/social media profiles/
apps, misrepresent your connection to
WhaleHarry, or otherwise make any false or
misleading statements to get a referee to useyour link, or use your referral link in any
manner that violates the law or WhaleHarry
House Rules.
4. How do I earn WhaleHarry rewards? Referrers
get rewarded for inviting new users that purchase
subscriptions. As long as you and your referee
follow these Rules, as well as WhaleHarry's
posted policies, you should receive your
WhaleHarry rewards after your referee uses your
link to sign up with WhaleHarry and makes their
first payment within three months of creating their
account. As a result, referrers receive WhaleHarry
earnings in the amount of $15 for their purchase
of any subscription. To receive WhaleHarry
rewards for referring someone who orders a paid
plan on WhaleHarry, your referee must be a new
WhaleHarry user. Remember, you will only
receive this bonus for purchases made on the
website and not through the apps.
The requirements for receiving, and the amounts
of WhaleHarry earnings are subject to change at
WhaleHarry's sole discretion. Referral rewards
are not transferable, have no cash value, and may
expire. WhaleHarry may cancel a reward at any
time at its sole discretion.
In case your referee files a chargeback or claims
a refund for their paid subscription, the reward
that you and your referee both received from
WhaleHarry will be canceled.5. Can I earn rewards by sharing the link via
mobile app? Yes, you can earn rewards but
there's a few conditions you'll need to meet. You
can share the link via the app, but your referee
needs to sign up via your link and purchase a
subscription on the website only to get rewards.
This bonus is not available for app purchases.
6. How do I spend WhaleHarry earnings? You are
able to spend WhaleHarry earnings by purchasing
a new subscription or extending an existing one.
Please note that WhaleHarry earnings can't be
used to pay for exchange market data and
earnings can't be used for purchases in the apps.
7. Termination and changes. WhaleHarry reserves
the right to change, end, or pause, in whole or in
part, any referral program, as well as any
referrer's or referee's ability to participate in any
referral program or receive WhaleHarry earnings
at any time for any reason, including suspected
fraud (including by either the referrer and/or
referee), abuse, or any violation of these Rules.
Terms of Use, Policies, and Disclaimers
Your affirmative act of using our website located
at www.whaleharry.com (and all associated sites
linked to it) or services ("WhaleHarry") signifies that
you agree to the following terms and conditions of use
("Terms of Use"). If you do not agree, do not use
WhaleHarry. WhaleHarry is the property of
WhaleHarry A.Ş. ("us", "we" or "our").1. Changes to the terms of
use
We may change these Terms of Use at any time. If
you continue to use WhaleHarry after we post
changes to these Terms of Use, you are signifying
your acceptance of the new terms. You will always
have access to our Terms of Use and will be able to
check it at any time. By reloading this page, you will
have the most up-to-date version available to
WhaleHarry users.
2. Changes to WhaleHarry
We may discontinue or change any service or feature
on WhaleHarry at any time without notice. We do not
guarantee backward compatibility of our services and
Application Programming Interface (API) in this case.
3. Ownership of
information; license to use
WhaleHarry; redistribution
of data; non-display usage
Unless otherwise noted, all rights, titles, and interests
in WhaleHarry, and all information made available
through WhaleHarry or our services, in all languages,
formats, and media throughout the world, including,
but not limited to, all copyrights and trademarkstherein, are the exclusive property of WhaleHarry, our
affiliates or our Data Providers, as defined in section 6
(disclaimer regarding content) below.
All rights, title and interest in and to any data or/and
other information provided by Interactive Data (IDCO),
and all such data/information made available by
Interactive Data (IDCO) through WhaleHarry or our
services, in all languages, formats and media
throughout the world, including all copyrights and
trademarks therein, are the property of Interactive
Data (IDCO), our affiliates or our Data Providers (as
applicable).
The content and market data provided on the
WhaleHarry platform, including but not limited to
charts, alerts, webhooks, and any other forms of
information, are licensed for exclusive display-only
use. This license is strictly limited to personal or
internal business purposes and explicitly prohibits any
form of non-display usage. Such prohibited uses
include, but are not limited to, any form of automated
trading, automated order generation, price
referencing, order verification, algorithmic decision-
making, algorithmic trading, smart order routing, using
data in operations control or risk management
programs, or any machine-driven processes that do
not involve the direct, human-readable display of such
data. Such prohibited cases also include creating
products or services based on WhaleHarry content
any processing of WhaleHarry's content, or any otheruse cases that undermine the restrictions in place by
the Data Providers.
Notwithstanding the foregoing, it is expressly
forbidden not only direct non-display usage by our
users but also the development, offering, or utilization
of any third-party products, tools or services designed
to facilitate or enable such non-display usage of
WhaleHarry's content and market data. For the
avoidance of doubt, it is hereby explicitly prohibited for
any third party to create, offer, or operate any product
or service that:
1. Utilizes, repurposes, or relies upon WhaleHarry's
market data, including but not limited to charts,
alerts, webhooks, and any forms of information
provided by WhaleHarry, for any form of
automated trading, algorithmic decision-making,
or any other non-display purposes.
2. Facilitates, enables, or encourages WhaleHarry
users or any other parties to engage in activities
that would constitute a breach of this policy,
including but not limited to automated order
generation, price referencing, order verification,
smart order routing, or the use of WhaleHarry
data in operations control, risk management
programs, or any machine-driven processes
excluding direct, human-readable display.
3. Claims compatibility with, or advertises the use of,
WhaleHarry's features (such as webhooks) for
purposes that are explicitly prohibited by
WhaleHarry's terms, thereby indirectlycontributing to violations of WhaleHarry's usage
restrictions.
This policy applies equally to all entities, irrespective
of whether they are direct users of WhaleHarry's
services or third-party service providers. The provision
of features by WhaleHarry, such as webhooks, is
intended solely for permissible uses within the scope
of display and personal or internal business purposes,
as originally defined. Any interpretation, adaptation, or
exploitation of these features that contravenes the
spirit or letter of this policy is strictly forbidden. Any
attempt by a third-party provider to claim non-usage of
WhaleHarry's services as a defense for facilitating
prohibited uses of WhaleHarry's data is hereby
declared null and void. The obligations and
restrictions contained in this policy apply equally to
WhaleHarry's direct users and to any third-party
entities that provide services or products that interact
with, or make use of, WhaleHarry's data, irrespective
of their direct engagement with the WhaleHarry
platform.
Except as otherwise expressly permitted, our
agreements with Data Providers strictly forbid the
sublicensing, assigning, transferring, selling,
loaning, or any distribution of WhaleHarry
content, including market data, for any form of
compensation. In addition, you shall not, without
the prior expressed written consent of WhaleHarry
and the relevant Data Providers, make copies of
any of the software or documentation that may beprovided, electronically or otherwise, including,
but not limited to, translating, decompiling,
disassembling or creating derivative works.
Except as otherwise expressly permitted by additional
agreement, we do not permit commercial usage of
any of our services or APIs. We make no warranty
and assume no obligation or liability for third party
services or software. Please see section 21 (third-
party software) below for further information.
WhaleHarry reserves the right to take any and all
necessary actions, including legal measures, to
ensure compliance with these terms, protect its
intellectual property, and maintain the integrity of its
services. This encompasses conducting audits or
investigations into suspected violations, as well as
initiating legal proceedings against any parties —
whether users or third-party providers — found to be
in breach of these terms. Consequences of such
breaches include, but are not limited to, the blocking
of the user or visitor, termination of their account, and
potential legal penalties. WhaleHarry may terminate
access to its services, seek injunctive relief, and
demand damages to safeguard its contractual rights
and the interests of its data providers and user
community. These actions underscore WhaleHarry's
commitment to enforcing its policy and preserving the
platform's trusted environment.
4. AttributionWhaleHarry grants all users of Whaleharry.com, and
all other available versions of the site, to use
snapshots of WhaleHarry charts in analysis, press
releases, books, articles, blog posts and other
publications. In addition, WhaleHarry grants the use of
all previously mentioned materials in education
sessions, the display of WhaleHarry charts during
video broadcasts, which includes overviews, news,
analytics and otherwise use or promote WhaleHarry
charts or any products from the WhaleHarry website
on the condition that WhaleHarry attribution is clearly
visible at all times when such charts and products are
used.
Attribution must include a reference to
WhaleHarry, including, but not limited to, those
described herein.
Use of WhaleHarry charts during video or other
promotions where WhaleHarry attribution is not
visible, must include a description of the product used
therein. For instance: "Charting platform used for this
analysis is provided by WhaleHarry," or simply "Charts
by WhaleHarry." Font size should not be less than 10
PT = 13PX = 3.4MM.
You can use the "Snapshot" button in the top toolbar
of the chart to instantly create a picture file of your
current chart. WhaleHarry will automatically take a
snapshot with all required attributions and provide a
link where you can view your chart, download it or
share it. The use of any WhaleHarry products outside
the WhaleHarry website, without a proper attributionof WhaleHarry, is not allowed. This extends to any
tools (such as widgets) obtained on the WhaleHarry
website and utilized on the outside resources, where
attribution should remain as was originally designed
and intended. Users who disobey this attribution rule
herein may be banned permanently, and other legal
actions may be taken to ensure compliance. This
includes, but is not limited to, cease-and-desist
warnings, court orders, injunctions, fines, damages
relief, and so on.
5. Third-party sites and
advertisers
WhaleHarry may include links to third-party websites.
Some of these sites may contain materials that are
objectionable, unlawful, or inaccurate. You agree that
WhaleHarry shall not be held liable for any trading
activities or other activities that occur on any website
you access through links on WhaleHarry. We provide
these links as a convenience, and do not endorse the
content or services offered by these other sites. Any
dealings that you have with advertisers found on
WhaleHarry are between you and the advertiser and
you acknowledge and agree that we are not liable for
any loss or claim you may have against an advertiser.
Unauthorized soliciting on WhaleHarry is strictly
prohibited and may result in penalties, including, but
not limited to, temporary or permanent bans of the
account found in violation, and any appropriate andavailable legal action for monetary and other
damages.
6. Disclaimer of warranties
WhaleHarry WEBSITE AND SERVICES AND ALL
INFORMATION, CONTENT, MATERIALS AND
PRODUCTS INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS WEBSITE
AND SERVICES ARE PROVIDED BY WhaleHarry
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WhaleHarry MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THAT
ANY OF THE INFORMATION AVAILABLE THROUGH
OUR SERVICES OR ON WhaleHarry IS ACCURATE,
RELIABLE, CURRENT, COMPLETE OR
APPROPRIATE FOR YOUR NEEDS. WhaleHarry
DOES NOT GUARANTEE, REPRESENT, OR
WARRANT THAT YOUR USE OF THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND
YOU AGREE THAT FROM TIME TO TIME
WhaleHarry MAY REMOVE THE SERVICE FOR
INDEFINITE PERIODS OF TIME, OR CANCEL THE
SERVICE IN ACCORDANCE WITH THE TERMS OF
THIS TERMS OF USE. WhaleHarry DOES NOT
REPRESENT OR GUARANTEE THAT THE SERVICE
WILL BE FREE FROM LOSS, CORRUPTION,
ATTACK, VIRUSES, INTERFERENCE, HACKING,
OR OTHER SECURITY INTRUSION, AND
WhaleHarry DISCLAIMS ANY LIABILITY RELATINGTHERETO. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE OR
LOSS THAT RESULTS FROM THE DOWNLOAD OR
USE OF ANY SUCH MATERIAL.
Various information available through our services or
on WhaleHarry may be specially obtained by
WhaleHarry from professional businesses or
organizations, such as exchanges, news providers,
market data providers and other content providers
(including established financial exchanges such as the
New York Stock Exchange, NASDAQ and Chicago
Mercantile Exchange), who are believed to be sources
of reliable information (collectively, the "Data
Providers"). Nevertheless, due to various factors —
including the inherent possibility of human and
mechanical error — the accuracy, completeness,
timeliness, results obtained from use, and correct
sequencing of information available through our
services and website are not and cannot be
guaranteed by WhaleHarry. Similarly, we make no
warranty and assume no obligation or liability for
scripts, indicators, ideas, and other third-party content.
Your use of any third-party scripts, indicators, ideas
and other content is at your sole risk.7. Disclaimer regarding
investment decisions and
trading
Decisions to buy, sell, hold or trade in securities,
commodities and other investments involve risk and
are best made based on the advice of qualified
financial professionals. Any trading in securities or
other investments involves a risk of substantial losses.
The practice of "Day Trading" involves particularly
high risks and can cause you to lose substantial sums
of money. Before undertaking any trading program,
you should consult a qualified financial professional.
Please consider carefully whether such trading is
suitable for you in light of your financial condition and
ability to bear financial risks. Under no circumstances
shall we be liable for any loss or damage you or
anyone else incurs as a result of any trading or
investment activity that you or anyone else engages in
based on any information or material you receive
through WhaleHarry or our services.
8. Disclaimer regarding
hypothetical performance
results
Hypothetical performance results have many inherent
limitations, some of which are mentioned below. Norepresentation is being made that any account will or
is likely to achieve profits or losses similar to those
shown. In fact, there are frequently sharp differences
between hypothetical performance results and actual
results subsequently achieved by any particular
trading program.
One of the limitations of hypothetical performance
results is that they are generally prepared with the
benefit of hindsight. In addition, hypothetical trading
does not involve financial risk and no hypothetical
trading record can completely account for the impact
of financial risk in actual trading. For example the
ability to withstand losses or to adhere to a particular
trading program in spite of the trading losses are
material points, which can also adversely affect
trading results. There are numerous other factors
related to the market in general or to the
implementation of any specific trading program which
cannot be fully accounted for in the preparation of
hypothetical performance results and all of which can
adversely affect actual trading results.
9. Registered users
Certain services, such as saving charts, publishing
them or the ability to comment on published charts,
are available only to registered users of the
WhaleHarry website and require you to sign in with a
username and password to use them. If you register
as a user (a "Subscriber") of any of the features of
WhaleHarry, during the registration process you maybe prompted to click "Register Now", "Submit" or a
similar button; your clicking on such button will further
confirm your agreement to be legally bound by these
Terms of Use.
In consideration of your use of the WhaleHarry
website, you represent that you are of legal age to
form a binding contract and are not a person barred
from receiving WhaleHarry services under the laws of
the United States or other applicable jurisdiction. You
also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by
the WhaleHarry's registration form (the "Registration
Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or WhaleHarry
has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, WhaleHarry has the right to suspend or
terminate your account and refuse any and all current
or future use of the WhaleHarry services (or any
portion thereof).
You represent and warrant that you have all
intellectual property rights, including all necessary
patent, trademark, trade secret, copyright or other
proprietary rights, in and to your content. If you use
third-party materials, you represent and warrant that
you have the right to distribute third-party material in
the content. You agree that you will not submit
material that is copyrighted, protected by trade secretor otherwise subject to third-party proprietary rights,
including patent, privacy and publicity rights, unless
you are the owner of such rights or have permission
from their rightful owner to submit the material.
We may remove your content without notice if we
reasonably believe that you're in violation of our Terms
of Use.
10. Non-professional
subscriber status
As a vendor of official real-time market data from
exchanges (e.g. Nasdaq) for end users, we are
required to identify the status of any Subscriber. If you
are ordering a subscription for market data on
WhaleHarry as the 'Non-professional', you confirm the
following:
1. You use market data solely for personal use, not
for your business or any other entity.
2. You are not registered or qualified with the
Securities Exchange Commission (SEC) or the
Commodities Futures Trading Commission
(CFTC).
3. You are not registered or qualified with any
securities agency, any securities exchange,
association or regulatory body in any country.
4. You do not perform any functions that are similar
to those that require an individual to register or
qualify with the SEC, the CFTC, any other
securities agency, any securities exchange, orassociation or regulatory body, or any
commodities or futures contract market, or
association or regulatory body.
5. You are not engaged as an investment advisor (as
that term is defined in Section 202 (a) (11) of the
Investment Advisor's Act of 1940) or asset
manager and you are not engaged to provide
investment advice to any individual or entity.
6. You are not subscribing to the service in your
capacity as a principal, officer, partner, employee,
or agent of any business or on behalf of any other
individual.
7. You use your own capital, not provided by any
other individual or entity in the conduct of your
trading.
8. You do not conduct trading for the benefit of a
corporation, partnership, or other entity.
9. You have not entered into any agreement to share
the profit of your trading activities or receive
compensation for your trading activities.
10.You are not receiving office space, and equipment
or other benefits in exchange for your trading or
work as a financial consultant to any person, firm
or business entity.
Should we, or our exchange partners, determine —
based on the information provided and / or companies
websites, email address and domain, LinkedIn,
regulatory or company registries, payment method —
that you actually meet the criteria for a 'Professional'
status at any point during or after subscribing toWhaleHarry or to market data from exchanges, you
will be liable for the difference between the 'Non-
Professional' and 'Professional' subscription rates for
both WhaleHarry subscription and relevant market
data. This applies retroactively from the date you
initiated your subscription. Furthermore, we reserve
the right to automatically invoice you for this difference
and charge the associated amount to your on-file
payment method.
11. Derived data
Our proprietary derivation consumes raw market data
and executes a 2-factor derivation process to produce
the displayed price, later consumed by the price
engine. Derived market data is sourced and supplied
from various sources and can therefore be blended.
The derivation process involves changing the raw
price by a factor determined by the volume of trading
on the underlying market, a randomized variable and
a maximum offset amount. The derived data price is
only ever displayed to our non-professional clients,
the derived data price then being the proprietary value
of an organization.
At no point is raw data accessible by any client, nor
can said data be reverse-engineered in any manner.
All markets are passed through the same derivation
engine.
12. Access and securityYou accept responsibility for the confidentiality and
use of any username and email address that use to
register for your access to and use of our services.
You are responsible for maintaining the confidentiality
of your password and account and are fully
responsible for all activities that occur under your
password or account. WhaleHarry cannot and will not
be liable for any loss or damage from your failure to
comply with this security obligation. You agree to (a)
immediately notify WhaleHarry of any unauthorized
use of your password or account or any other breach
of security, and (b) ensure that you exit from your
account at the end of each session. WhaleHarry
cannot and will not be liable for any loss or damage
arising from your failure to comply.
13. Payment and
cancellation of service
1. By ordering any subscription
on www.Whaleharry.com (including a free trial
period), you confirm that you have read and
accepted our Terms of Use and you authorize
WhaleHarry to automatically charge your bank
card, PayPal account or other supported payment
method according to the billing period manually
selected by you.
2. The service is billed in advance monthly or
annually. Users can try selected paid plans for 30
days free of charge. If the trial is not cancelledbefore its expiration date, it automatically converts
to a monthly or annual paid plan depending on
user's choice.
3. All billing is recurring, which means you will
continue to get billed until you cancel your
subscription. You are solely responsible for
properly cancelling your WhaleHarry subscription.
An email request or support ticket asking for your
subscription to be cancelled is not considered
cancellation. You may cancel your subscription
anytime by visiting the billing section of
your Profile Settings page.
4. If you cancel the service before your current paid-
up period ends, your subscription will remain
active until the next due date. After the due date, if
no payment is received, your subscription will be
stopped. If auto-renewal fails for an annual plan,
you will automatically be switched to a monthly
plan.
5. Refunds are available for annual payments only if
requested within 14 calendar days after the
payment was made. To request a refund, you
need to contact our support team. There are no
refunds for upgrades to a more expensive plan,
monthly plans or market data, even if the
subscription is cancelled on the same day as the
payment has gone through. Please note that
users who filed a chargeback/dispute request or a
claim are not eligible for a refund.6. Our moderators are official WhaleHarry
representatives, with the authority to warn or ban
users (including those with a paid subscription)
when they do not abide by the House Rules. We
do not offer refunds in case you are banned from
publishing content and interacting with others
because your paid subscription and all of its data
and/or features are still available during any such
ban.
14. Apple App Store
subscriptions
Payments will be charged to the user's Apple ID
Account at confirmation of purchase in compliance
with Apple's privacy policy. We recommend that you
familiarize yourself with the terms of payment and
Apple in-app subscriptions. If a purchase is made
from our iOS app, the refund is only possible in
compliance with the App Store policy.
WhaleHarry offers a trial period. It is only possible to
use the trial period once. Subscription payment begins
after the end of your free trial period.
All subscription types are renewed automatically. You
can cancel the renewal option in the App Store within
at least 24 hours before the end of your free trial
period or the current payment date. The cancellation
comes into effect at the end of the current billing
period. At the same time, you retain access to thesubscription from the cancellation moment until the
end of the current billing period.
Accounts may be charged for renewal up to 24 hours
before the end of the current period.
Rates offered in mobile stores and on the web-based
platform might differ. Mobile stores offer subscriptions
based on two billing cycles: annual and monthly.
15. Android app
subscriptions
Financial transactions for subscriptions made in our
Android app processed by a third-party service
(Google Play) in compliance with their terms of
use, privacy policy and any applicable payment terms,
in particular the response on Google Play refunds.
WhaleHarry is not responsible for the actions or
omissions of any third-party payment processor. We
recommend that you familiarize yourself with the
terms of payment and Google Play in-app
subscriptions. If a purchase is made from our Android
app, the refund is only possible in compliance with
Google Play policy.
WhaleHarry offers a trial period. It is only possible to
use the trial period once. Subscription payment begins
after the end of your free trial period.
All subscription types are renewed automatically. You
can cancel the renewal option in Google Play within at
least 24 hours before the end of your free trial period
or the current payment date. The cancellation comesinto effect at the end of the current billing period. At
the same time, you retain access to the subscription
from the cancellation moment until the end of the
current billing period.
The payment is made according to the payment
method that is linked to the user's account in Google
Play. The subscription is made according to Google
Play Account choice, which does not necessarily
conform with the Google Account used to log in to the
application.
Rates offered in mobile stores and on the web-based
platform might differ. Mobile stores offer subscriptions
based on two billing cycles: annual and monthly.
16. Feedback to WhaleHarry
By submitting ideas, content, suggestions,
documents, and/or proposals ("Contributions") to
WhaleHarry through our contact
or feedback webpages, you acknowledge and agree
that: (a) your Contributions do not contain confidential
or proprietary information; (b) WhaleHarry is not under
any obligation of confidentiality, expressed or implied,
with respect to the Contributions; (c) WhaleHarry shall
be entitled to use or disclose (or choose not to use or
disclose) such Contributions for any purpose, in any
way, in any media worldwide; (d) WhaleHarry may
have something similar to the Contributions already
under consideration or in development; (e) your
Contributions automatically become the property of
WhaleHarry, without any obligation of WhaleHarry toyou; and (f) you are not entitled to any compensation
or reimbursement of any kind from WhaleHarry under
any circumstances.
17. Indemnification
You agree to indemnify and hold WhaleHarry and our
subsidiaries, affiliates, officers, agents, employees,
partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made
by any third party due to or arising out of content you
submit, post, transmit, modify or otherwise make
available through the WhaleHarry services; your use
of the WhaleHarry service; your connection to the
WhaleHarry services; your violation of the Terms of
Use; your violation of any rights of another; or any
action taken by WhaleHarry, acting reasonably, as
part of its investigation of a suspected violation of this
Terms of Use or as a result of its finding or decision
that a violation of this Terms of Use has occurred. This
obligation shall survive the termination or expiration of
your use of the service.
If you have a dispute with one or more users of
WhaleHarry, you agree to release WhaleHarry from
any and all claims, demands and damages (actual
and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected
with such disputes.
18. TerminationUpon your request, your account can be deleted from
WhaleHarry. You may delete your account at any time
by visiting your Profile Settings page. If you requested
your account be deleted, we will delete the personal
data associated with your account, however certain
personal data will be retained if it has been integrated
into data that is integral to our systems and site,
including data in communications you have sent via
our site. This data is necessarily retained for the
integrity of the data on the site and our legitimate
business purposes, including auditing, security and
other legitimate interests (please refer to our Privacy
Policy for more information). Your published
Contributions will remain on the site in our discretion.
Once a Contribution has been published, it becomes
part of the communal trading knowledge and should
stay that way. This policy prevents users from keeping
only their best ideas public, thus keeping everyone
honest and maintaining public confidence in the
reputation and integrity of the site.
You agree that WhaleHarry may, without prior notice,
immediately terminate, limit your access to or suspend
your WhaleHarry account, any associated email
address, and access to the WhaleHarry services.
Cause for such termination, limitation of access or
suspension shall include, but not be limited to, (a)
breaches or violations of the Terms of Use or other
incorporated agreements or guidelines, (b)requests by
law enforcement or other government agencies, (c)
discontinuance or material modification to theWhaleHarry services (or any part thereof), (d)
unexpected technical or security issues or problems,
(e) extended periods of inactivity, (f) and/or
engagement by you in fraudulent or illegal activities.
Further, you agree that all terminations, limitations of
access and suspensions for cause shall be made in
WhaleHarry's sole discretion and that WhaleHarry
shall not be liable to you or any third party for any
termination of your account, any associated email
address, or access to the WhaleHarry services.
19. Emails
By creating an account with WhaleHarry, you agree
that WhaleHarry can use your email address to send
you marketing materials, service-related notices,
important information messages, special offers, etc.
You can unsubscribe from this by clicking on the link
provided in the emails.
20. House rules
By creating and using an account on WhaleHarry you
confirm you have read and agree to follow our House
Rules.
21. Third-party software
Our software, website and/or services may include
software components supplied by third parties which
are utilized by permission of the respective licensors
and/or copyright holders on the terms provided by
such parties ("Third-party software"). WhaleHarry
expressly disclaims any warranty or other assuranceto you regarding third-party software. Please note that
your use of the third-Party software will be governed
by the terms and conditions of use and privacy
policies of the third-party software providers and not
by these Terms of Use or our Privacy Policy.
22. Scripts
You represent and warrant that you have all
intellectual property rights, including all necessary
patent, trademark, trade secret, copyright or other
proprietary rights, in and to your script. If you use
third-party materials, you represent and warrant that
you have the right to distribute third-party material in
the script. You agree that you will not submit material
that is copyrighted, protected by trade secret or
otherwise subject to third-party proprietary rights,
including patent, privacy and publicity rights, unless
you are the owner of such rights or have permission
from their rightful owner to submit the material.
You are solely responsible for any script that you
create. WhaleHarry is not in any way responsible for
the use or misuse of your script by any user.
WhaleHarry is not in any way responsible for the use
or misuse of any user's script by you.
By using the publish script feature, you grant us a
world-wide, irrevocable, perpetual, royalty-free license
to:
author;
• publish this script as well as the username of the• disclose the source code of the script for open
scripts;
• perform, display, use and make available your
open or protected script for any user or an invite-
only script for any user that received an invite.
We may remove your script without notice if we
reasonably believe that you are in violation of these
Terms of Use.
You can publish the script under any license. If you do
not include the license in the comment section of a
script, you agree that your script is licensed under
the Mozilla Public License 2.0.
23. Publications — no
recommendation or advice
status
The information and publications are not meant to be,
and do not constitute, financial, investment, trading, or
other types of advice or recommendations supplied or
endorsed by WhaleHarry.
Any statement of view (which may be subject to
change without notice) is the author's personal
opinion, and the author makes no representations or
warranties as to the accuracy or completeness of any
information or analysis provided.
The authors and WhaleHarry are not liable for any
losses incurred as a result of any investment made on
the basis of any perceived recommendation, forecast,
or other information presented here.The contents of these publications should not be
interpreted as an express or implicit promise,
guarantee, or indication by WhaleHarry that
customers will profit or that losses in connection with
them can or will be limited if they rely on the
information provided.
24. WhaleHarry referral
program rules
1. Who is eligible to be a referrer? Any
WhaleHarry account holder can become a
referrer.
2. Who is eligible to become a referee? Your
friends or social media followers may be eligible to
be referees. To receive rewards for referring
someone who orders a paid plan on WhaleHarry,
your referee must be a new WhaleHarry user and
can't have more than one account. In addition,
your referee must create an account via your
shared link and make a purchase on the website.
Note that the bonus can only be given for
purchases made on the website, not in the apps.
3. How can I use my referral link? WhaleHarry
wants you to share your referral link and earn
WhaleHarry rewards, but you agree that you will
• Try to get referees by spamming, bulk
not:
emailing, or sending large numbers of
unsolicited emails. The only people youshould be emailing are people you know
personally;
• Use, display, or manipulate WhaleHarry
intellectual property (such as WhaleHarry
logos, trademarks, and copyright-protected
works) in any way, except as to identify
yourself as a WhaleHarry user or a
WhaleHarry referrer;
• Create or register any (i) businesses, (ii)
URLs, (iii) domain names, (iv) software
application names or titles, or (v) social media
handles or profiles that include the word
"WhaleHarry" or any of WhaleHarry's other
trademarks or any words that are confusingly
similar to WhaleHarry trademarks;
• Purchase keywords (including, but not limited
to Google AdWords) that contain any of
WhaleHarry trademarks;
• Use automated systems or bots through any
channel to distribute, post, or otherwise share
your referral link;
• Use scripts or programmed or automatic
dialers to send invites or otherwise share your
referral link;
• Make misleading claims about WhaleHarry,
use offensive/abusive content, create fake
websites/webpages/social media profiles/
apps, misrepresent your connection to
WhaleHarry, or otherwise make any false or
misleading statements to get a referee to useyour link, or use your referral link in any
manner that violates the law or WhaleHarry
House Rules.
4. How do I earn WhaleHarry rewards? Referrers
get rewarded for inviting new users that purchase
subscriptions. As long as you and your referee
follow these Rules, as well as WhaleHarry's
posted policies, you should receive your
WhaleHarry rewards after your referee uses your
link to sign up with WhaleHarry and makes their
first payment within three months of creating their
account. As a result, referrers receive WhaleHarry
earnings in the amount of $15 for their purchase
of any subscription. To receive WhaleHarry
rewards for referring someone who orders a paid
plan on WhaleHarry, your referee must be a new
WhaleHarry user. Remember, you will only
receive this bonus for purchases made on the
website and not through the apps.
The requirements for receiving, and the amounts
of WhaleHarry earnings are subject to change at
WhaleHarry's sole discretion. Referral rewards
are not transferable, have no cash value, and may
expire. WhaleHarry may cancel a reward at any
time at its sole discretion.
In case your referee files a chargeback or claims
a refund for their paid subscription, the reward
that you and your referee both received from
WhaleHarry will be canceled.5. Can I earn rewards by sharing the link via
mobile app? Yes, you can earn rewards but
there's a few conditions you'll need to meet. You
can share the link via the app, but your referee
needs to sign up via your link and purchase a
subscription on the website only to get rewards.
This bonus is not available for app purchases.
6. How do I spend WhaleHarry earnings? You are
able to spend WhaleHarry earnings by purchasing
a new subscription or extending an existing one.
Please note that WhaleHarry earnings can't be
used to pay for exchange market data and
earnings can't be used for purchases in the apps.
7. Termination and changes. WhaleHarry reserves
the right to change, end, or pause, in whole or in
part, any referral program, as well as any
referrer's or referee's ability to participate in any
referral program or receive WhaleHarry earnings
at any time for any reason, including suspected
fraud (including by either the referrer and/or
referee), abuse, or any violation of these Rules.