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Terms of Service

To use the platform provided by Whalestrategy Co., Ltd. (referred to as “Whalestrategy”), register an account on this platform (referred to as “Account”), purchase specific goods (referred to as “Digital Assets”), and use the services provided on this website (URL: http://www.whalestrategy.net, referred to as “this Website”), you agree to be bound by the following terms and conditions (referred to as “these Terms of Service”) when you access this Website and use the services (collectively referred to as “these Services”). Please read this agreement carefully (including these Terms of Service as defined below). If you do not agree with the contents of this agreement, please do not register an account, access this Website, or use these Services.

Before using these Services, please ensure that you have read our Privacy Policy (referred to as the “Privacy Policy”) and Cookie Policy (referred to as the “Cookie Policy”). If you have any doubts or cannot accept the Privacy Policy or the Cookie Policy, please contact Whalestrategy before using its services. The agreement between you and Whalestrategy includes these Terms of Service (referred to as “this Agreement”). Whalestrategy reserves the right to modify, amend, or update this Agreement at any time. Additional terms may be added for these Services in the future, and if you use these Services, such additional terms will also form part of this Agreement. If any subsequent changes, amendments, or updates to this Agreement occur, and you do not agree with these changes, you can still access your transaction records and amounts, but you will not be able to continue using other Services or this Website.

Acceptance of this Agreement
By accessing or using these Services and this Website in any way (including but not limited to through devices or services provided by third parties), you acknowledge and agree to be bound by the terms of this Agreement, and the content of this Agreement may be revised in accordance with the provisions of Section 12.2 of these Terms of Service.

Eligibility
Under applicable regulations, by accessing and using these Services and this Website, you agree to the contents of this Agreement, and you represent and warrant the following:

  1. You are at least 20 years old, or at least meet the minimum legal age requirement under applicable law, so that you can legally use these Services without the consent of your guardian;
  2. You agree to the contents of this Agreement (and have the full capacity to exercise this consent);
  3. Your place of residence or nationality is not in a country or region where U.S. nationals are prohibited from engaging in commercial transactions (e.g., countries sanctioned by the U.S. Department of the Treasury’s Office of Foreign Assets Control), and you are not listed as an individual or legal entity on the Specially Designated Nationals And Blocked Persons List (referred to as the “SDN List”);
  4. You have not been previously suspended from using this Website or removed from this Website;
  5. You truly own all the digital assets in your account on this platform (or you are authorized to trade those digital assets);
  6. You have obtained all necessary authorizations and consents to execute transactions with your account;
  7. You have provided accurate, truthful, and complete information for account registration; and
  8. You have thoroughly reviewed all risk disclosure statements in this Agreement and agree to bear all risks described therein.

If you do not meet the above eligibility requirements, please do not access or use these Services and this Website. Otherwise, you or your parents/legal guardians will be responsible for all legal and financial liabilities arising therefrom, and Whalestrategy has the right to seek compensation from you, your parents, or legal guardians for any damages caused by such access or use. Furthermore, Whalestrategy has the right to suspend, cancel, or terminate your user account, block your account transactions, or freeze the assets under your account.

Privacy Policy and Cookie Policy
Please review our Privacy Policy to understand how we collect, process, and use your personal data. Also, please review our Cookie Policy to understand how Whalestrategy stores, uses, and accesses cookies, web beacons, pixels, clear gifs, and other similar technologies.

Account Registration and Security

  1. To use certain features or functions of these Services and this Website, you must first register for a Whalestrategy account. After completing the activation process, you become a registered Whalestrategy user and may begin accessing and using these Services and this Website. Please note that your account registration with Whalestrategy is subject to this Agreement.
  2. During the registration and subsequent activation of your Whalestrategy account, you will need to provide certain personal information, including but not limited to: name, phone number, address, email address, date of birth, passport number/government identification number, and set up an account and password. Whalestrategy will conduct Know Your Customer (KYC) verification procedures upon account activation and during subsequent access and use of these Services and this Website. Your access, use, and related permissions (including but not limited to daily/weekly deposit, withdrawal, or transaction limits) for these Services are based on the identification information and/or proof of identity provided by you to Whalestrategy and are subject to Whalestrategy’s sole discretion and adjustment. The term “Affiliate” as used in this Agreement refers to any entity that directly or indirectly controls, is controlled by, or is under common control with another entity, where “control” (including the terms “controlling,” “controlled by,” and “under common control with”) refers to the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
  3. By activating your account or accessing these Services and this Website, you agree to:
    • Maintain the security of your identity.
    • Provide accurate, current, and complete personal information, and promptly update such information to ensure it remains accurate, current, and complete;

Acceptance of Incorrect, Outdated, or Incomplete Information Risks
(4) You hereby authorize Whalestrategy to conduct any inquiries it deems necessary, either directly or through third parties (including but not limited to its affiliates, telecommunications companies, or banks, where applicable), to verify your identity and/or prevent fraudulent activity. This includes inquiries into identity information such as your name, address, previous addresses, or date of birth. The results of these inquiries may be used to verify account information, and appropriate actions may be taken based on the results. You further authorize all third parties to fully respond to such inquiries or requests.

(5) Whalestrategy reserves the right to:
(A) Refuse your registration or activation of the services and the website;
(B) Limit the number of accounts a single user can create or hold;
(C) Suspend, restrict, or terminate your access to and use of all or part of the services and/or the website if Whalestrategy determines that you may be in violation of this agreement or engaged in any misconduct; and
(D) Deactivate/cancel your account and remove content from the website or provided via the website (collectively, “Website Content”), including but not limited to content posted, uploaded, shared, submitted, or created through your account or by other users of the services and website/Whalestrategy, without prior notice and at Whalestrategy’s sole discretion if:
(I) the information provided during registration or thereafter is incorrect, outdated, or incomplete;
(II) activities or behaviors under your account are suspected to violate this agreement or any other agreement you have with Whalestrategy, or are prohibited by this agreement;
(III) a dispute arises between you and Whalestrategy and legal or judicial proceedings are ongoing; or
(IV) activities or behaviors under your account are suspected of violating our anti-fraud, anti-money laundering, and counter-terrorism policies, or applicable laws and regulations.

(6) You are responsible for protecting the security of your account, including but not limited to maintaining the security and control over all IDs, passwords, API keys, or other codes you use to access or interact with the services and the website. When setting up your user ID and password, do not use easily identifiable or predictable information, such as your birthday, phone number, or identifiable parts of your name. You must not intentionally or unintentionally share, provide, or disclose your account or password to third parties, or allow third parties to access or compromise your account. Additionally, you must take necessary and reasonable steps to maintain the confidentiality of your account and password and prevent third-party use. Any loss or misuse of this information or your personal data could result in unauthorized access to your account, or the loss or theft of digital assets or other assets linked to your account or related accounts (if any). As the owner of the account and password, you are obligated to take necessary and reasonable precautions to keep your account/password confidential, and you agree to be fully responsible for any activities or behaviors under your account (whether or not authorized by you). However, if you can provide sufficient evidence that Whalestrategy’s system defects led to unauthorized third-party access to our IT systems and the alteration of your account, Whalestrategy may consider this in assessing responsibility. If you believe your account and password have been improperly disclosed to a third party, lost, stolen, or that unauthorized transactions have occurred, you must notify Whalestrategy immediately.

Anti-Fraud, Anti-Money Laundering, and Counter-Terrorism
Whalestrategy and its affiliates implement specific anti-fraud, anti-money laundering, and counter-terrorism policies and procedures (collectively referred to as “Anti-Fraud, Anti-Money Laundering, and Counter-Terrorism Policies”). As such, Whalestrategy and its affiliates fully enforce customer due diligence processes, perform ongoing analysis and reporting, including monitoring suspicious transactions, and compulsorily or voluntarily report to relevant authorities. Whalestrategy is required by applicable laws and policies to retain records of certain information and documents to fulfill contractual obligations to third parties. Whalestrategy expressly reserves the right to retain such information and documents and to disclose them to government authorities. Additionally, to enforce Anti-Fraud, Anti-Money Laundering, and Counter-Terrorism Policies, Whalestrategy may, at its sole discretion, determine appropriate verification levels and standards, downgrade user status without prior notice, and impose related policies that may limit verification levels and standards based on nationality, residence, or other factors.

Risk Disclosure Statement
You agree and acknowledge that you fully understand the risks involved in trading digital assets and are responsible for reviewing the legal status and requirements of relevant regulatory authorities. The related risks include but are not limited to:

(1) Digital assets are not legal tender. Before deciding to hold, purchase, or sell digital assets, you are obligated to understand the nature and risks of digital assets. The legal obligations related to digital assets may also change as their legal status evolves.

(2) Whalestrategy does not guarantee that anyone will accept digital assets as payment for goods or services, and specific jurisdictions may explicitly prohibit the use and related transactions of digital assets. You understand and agree that Whalestrategy is not responsible for ensuring that your transactions comply with any applicable laws, orders, or rules (including but not limited to anti-money laundering laws, securities laws, or tax laws). You understand and agree that it is your obligation and responsibility to comply with all laws, orders, or rules applicable to your transactions.

(3) The value of digital assets may fluctuate significantly; therefore, you should understand this characteristic before deciding to hold, purchase, or sell digital assets.

(4) All IT systems, personal computers, mobile phones, websites, and/or any other devices may be subject to malicious hacking, viruses, Trojan horses, code, or other forms of cyberattacks or unauthorized access or destruction (collectively referred to as “Cyber Attacks”). If the platform is subject to any Cyber Attacks, it may adversely affect your account and digital assets. Although the website strives to control risks within reasonable limits, there is no guarantee that risks can be entirely eliminated, and Whalestrategy or its affiliates make no guarantees regarding the anticipation, detection, mitigation, or remediation of Cyber Attacks. Furthermore, the website cannot control the security of the computers, mobile phones, terminals, or any other devices you use to access our website, and you should ensure the security of these devices.

(5) The risks associated with using the platform, services, and website may include but are not limited to transmission failures or delays caused by the failure of computer equipment, hardware, software, and website connections, which may result in delays, failures, or inoperability of the website. You also understand the nature of telecommunications and internet services, meaning that the instructions you issue may not be properly received by Whalestrategy. Additionally, instructions transmitted via telecommunications and internet services may be read or known by unauthorized persons. You hereby agree to bear the risks associated with such transmission errors and misunderstandings, and to the extent permitted by law, Whalestrategy and its affiliates are not responsible for any losses, liabilities, or damages resulting from such errors or misunderstandings in transmission.

Whether you are suitable for trading digital assets depends on your personal financial situation and risk tolerance. If you use the services and website, you fully understand the relevant risks and all considerations, and you waive any and all rights to claim losses or damages from Whalestrategy and its affiliates arising from trading digital assets.

Ownership; Authorization; Authorization Restrictions
(1) You understand and agree that, within the scope of this agreement, Whalestrategy grants you a limited, non-transferable, and non-exclusive right to access and use the services, website content, and website for personal, non-profit purposes. Whalestrategy retains all rights, ownership, and interests in the services, website content, and website, as well as related intellectual property rights (including but not limited to all patents, designs, copyrights, trademarks, trade secrets, and other rights), as specified in this Section 7. You understand and agree that Whalestrategy may set or adjust minimum or maximum usage standards for various services and charge related transaction fees based on operational costs, market conditions, transaction security, or in response to government agency requests.

(2) The information related to this website and its content may not be complete, accurate, or up-to-date and may also contain technical inaccuracies, typographical errors, or other mistakes. You should verify the accuracy of all information before relying on the website and its content. Any decisions you make based on information from the website are at your own risk, and Whalestrategy assumes no responsibility for them. You understand and agree that Whalestrategy is not responsible for any information, content, or services provided by third-party data or websites.

(3) Except as expressly permitted in this agreement, you may not:

  • Copy, replicate, develop, or reproduce the services, website, or content of this website, including but not limited to models, designs, interfaces, appearances, and configurations;
  • Create any derivative works from the services, website, or content of this website, including but not limited to models, designs, interfaces, appearances, and configurations;
  • Reverse engineer, decompile, or disassemble any part of the services and website, or attempt to obtain the source code;
  • Distribute malicious software, code, viruses, worms, or otherwise disrupt or disable the services and website;
  • Distribute, transfer, sell, lease, sublicense, or grant access to your account to third parties;
  • Copy, transmit, distribute, sell, license, reverse engineer, modify, publish, participate in the transfer or sale of, create derivative works, or otherwise exploit all or part of the website content;
  • Remove or alter any trademark, logo, copyright, or other proprietary rights notices, descriptions, symbols, or labels on the services and website;
  • Access, alter, or interfere with non-public areas of the services and website, Whalestrategy’s computer systems, or the technical delivery systems of Whalestrategy’s suppliers;
  • Probe, scan, or test the vulnerability of Whalestrategy’s systems or networks, or breach, disrupt, or bypass any security or authentication measures;
  • Access or search the services and website or download content from the services and website through interfaces other than those provided by Whalestrategy (and only according to the terms and conditions associated with them) or generally available third-party web browsers, whether automated or not;
  • Forge the packet headers or any part of the header information in email or postings, or use the services and website to send altered, deceptive, or false source-identifying information in any way;
  • Avoid, bypass, remove, deactivate, impair, decode, or otherwise circumvent any technological measures used by Whalestrategy, its suppliers, or other third parties (including other users) to protect the services, website, or content of the website;
  • Interfere with or disrupt the operation of the services/website, access by other users, or the operation of hosts or networks, or impose an undue burden on the services and website.

(4) Regarding your use of the services and website and interactions with other users or third parties, you agree and represent that you will not engage in any of the activities or actions listed in Sections 7.3 and 8.1 of this agreement (collectively, the “Prohibited Activities”). Whalestrategy reserves the right to monitor, review, retain, and/or disclose any information at any time to comply with all applicable regulations, sanctions programs, legal processes, or government requests.

(5) To the extent permitted by law, Whalestrategy reserves the right to cancel and/or suspend your account and/or block transactions or freeze assets in your account at any time and for any reason, including but not limited to when Whalestrategy, at its sole discretion, determines that your account is involved in Prohibited Activities or suspected of violating this agreement and any anti-fraud, anti-money laundering, and anti-terrorism policies. To the extent permitted by law, account or service termination may occur without prior notice. You may not create additional accounts on the platform without Whalestrategy’s prior written consent.

User Conduct Guidelines
(1) You agree not to use the services or the website for the following purposes:

  • Uploading, posting, transmitting, distributing, or otherwise providing any content that is illegal, offensive, threatening, abusive, harassing, obscene, infringing, defamatory, vulgar, indecent, slanderous, invasive of another’s privacy, hateful, racially or ethnically discriminatory, or otherwise objectionable;
  • Inciting discrimination, racial or ethnic hatred, harassment, or harm against any individual or group;
  • Impersonating any third party or falsely stating or otherwise misrepresenting your affiliation with any third party;
  • Uploading, posting, transmitting, distributing, or otherwise providing any content that you do not have the right to make public under law, contractual, or fiduciary relationships, such as internal information, proprietary and confidential information obtained or disclosed as part of employment relationships or under nondisclosure agreements;
  • Uploading, posting, transmitting, distributing, or otherwise providing any content that infringes third-party patents, trademarks, trade secrets, copyrights, or other proprietary rights;
  • Uploading, posting, transmitting, distributing, or otherwise providing any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation;
  • Uploading, posting, transmitting, distributing, or otherwise providing any material containing software viruses, malware, programs, worms, or similar computer code, files, or programs intended to interfere with, disrupt, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • Failing to comply with, violating, or ignoring the codes of conduct, requirements, procedures, policies, or regulations applicable to the services and website, where applicable;
  • Intentionally or unintentionally violating or inciting the violation of applicable local, state, national, or international laws;
  • Inciting, encouraging, or participating in acts of terrorism or providing funding related to such acts;
  • Stalking or otherwise harassing other users of the services and website;
  • Collecting or storing personal data about other users of the services and website without their prior express consent or authorization; and
  • Encouraging, inducing, or assisting any third party in engaging in any of the above behaviors.

(2) You understand and agree that if required by applicable regulations, Whalestrategy has the right to access, retain, or disclose your Whalestrategy account information and website content, or if Whalestrategy in good faith believes that such access, retention, or disclosure is reasonably necessary to achieve the following purposes:

  • Comply with legal processes;
  • Enforce or manage this agreement or any other agreements between you and us, including but not limited to investigating suspected violations of the terms of service, privacy policy, or cookie policy, or suspected involvement in prohibited activities;
  • Comply with requests from law enforcement, tax authorities, or other governmental agencies;
  • Respond to your customer service requests;
  • Detect, prevent, or otherwise address fraud, security, or technical issues;
  • Protect the rights, property, and personal safety of Whalestrategy, users of the services and website, and the public.

Links to Other Websites
(1) This website may contain links to websites controlled or provided by third parties (non-Whalestrategy and its affiliates). These links are provided solely for your convenience and do not imply any endorsement or recommendation by Whalestrategy of the products, services, or information provided by these third-party websites. Whalestrategy hereby disclaims any responsibility for the information, data, products, or services published, provided, or made available by the third-party websites linked from this website. Whalestrategy is also not responsible for the content or privacy practices of these third-party websites. You understand and agree that you are solely responsible for any use of such websites or resources and assume all risks associated with them. By using the services and website, you expressly agree that Whalestrategy shall have no liability for any and all responsibilities arising from your use of any third-party websites or online resources. Therefore, when you leave the services and website, you should clearly understand and carefully review the terms and conditions of the websites you are directed to.

(2) Since Whalestrategy does not support transactions generated by smart contracts, you understand that you bear all responsibility and assume all risks arising from your use of smart contracts, and you expressly agree that Whalestrategy shall not be liable for any responsibilities arising from your use of smart contracts.

Disclaimer and Liability
(1) The services, website, and content provided under this agreement may contain issues that have not been identified. To the maximum extent permitted by law, the services, website, and related content are provided on an “as-is” basis without any warranties or representations of any kind. You should take necessary precautions and exercise caution in using the services, website, and content according to your own judgment. You should not rely on the information obtained through Whalestrategy for personal, legal, or financial decisions. To the maximum extent permitted by law, Whalestrategy does not guarantee the continuous availability of the services, website, and content, including but not limited to specific features within any particular time frame, and Whalestrategy reserves the right to change, improve, or update the services, website, and content periodically or from time to time without notice. To the maximum extent permitted by law, Whalestrategy hereby disclaims any responsibility for any errors or omissions in the content of this website; you assume all responsibility and risk for accessing, linking to, and using this website and its content. To the maximum extent permitted by law, Whalestrategy shall not be responsible for the timeliness, deletion, incorrect delivery, or failure to store any user messages or personalized settings.

(2) You understand and agree that to the maximum extent permitted by law, even if Whalestrategy is aware of the possibility of any damage or loss, Whalestrategy and its managers, directors, employees, agents, or anyone involved in the creation, production, or delivery of the services, the website, or content (hereinafter referred to as “Whalestrategy and its affiliates”) shall not be liable to you or any other person for any related liabilities in connection with the services. This includes any indirect, incidental, special, consequential, or punitive damages, or losses such as loss of data, opportunities, reputation, profits, or revenues (e.g., any losses arising from or related to technical issues with the application, platform, or services).

Indemnification
You agree, to the extent permitted by applicable law, to defend, indemnify, and hold harmless Whalestrategy, its parent company, managers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including but not limited to reasonable legal and accounting fees) resulting from: (a) your violation of laws, regulations, or this agreement; (b) your use or misuse of the services and platform; (c) any dispute between you and other users of Whalestrategy or the website; (d) your violation of any third-party rights, including but not limited to intellectual property rights, confidential information, or privacy rights. These defense and indemnification obligations will survive the termination or expiration of this agreement or your use of the services and the website.

General Terms
(1) No Class Actions, Jurisdiction, and Governing Law
To the extent permitted by applicable law, you and Whalestrategy may only bring claims against each other on an individual basis and not as a plaintiff or class member in any purported class, collective, representative, or consolidated action. To the extent permitted by applicable law, you and Whalestrategy waive any right to a jury trial. The governing law of these Terms of Service shall be the laws of the Republic of China (Taiwan). Any disputes related to these Terms of Service shall be subject to the exclusive jurisdiction of the Taiwan Taipei District Court as the court of first instance.

(2) Amendments
To the extent permitted by applicable law, Whalestrategy reserves the right, at its sole discretion, to modify, suspend, or terminate the services and the website or to amend this agreement at any time without prior notice. If a significant amendment materially limits your rights, we will notify you (for example, by posting a notice on this page). Your continued use or access to the services after such amendments become effective constitutes your agreement to be bound by the amended agreement.

(3) Entire Agreement
This agreement constitutes the entire understanding between you and Whalestrategy, governing your use of the services and the website, and supersedes any prior or contemporaneous oral or written agreements between you and Whalestrategy.

(4) Assignment
Except as otherwise provided in this agreement, you may not assign any rights or obligations under this agreement, and any attempt to do so will be void. Whalestrategy may assign or transfer its rights or obligations under this agreement to any of its affiliates, subsidiaries, or any successor in interest related to the services. Subject to the foregoing, this agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

(5) Waiver and Severability
If Whalestrategy fails to enforce any provision of this agreement, it shall not be deemed a waiver of Whalestrategy’s right to enforce such provision. If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be in full force and effect.

(6) Change of Control
In the event of a merger or acquisition by a third party, Whalestrategy may transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

(7) Survival of Terms
Any statements, warranties, commitments, and agreements that by their nature should survive the termination or expiration of this agreement shall survive, including but not limited to provisions related to termination or suspension of use, which shall continue to be effective after the termination or expiration of this agreement.

(8) Force Majeure
Whalestrategy shall not be obligated to perform the services if it is unable to do so due to natural disasters, governmental actions, terrorism, civil unrest, war, strikes or other labor disputes, natural disasters, unsatisfactory performance of internet service providers, equipment and/or software failures, significant fluctuations in the value of supported digital assets, or other causes beyond Whalestrategy’s reasonable control (whether similar in nature to the foregoing or not).