Last updated: May 12, 2025

Welcome to GuideWhale! These Terms of Service ("Terms") govern your access to and use of the GuideWhale website, services, and applications (collectively, the "Service"). Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refer to that Organization.

2. Description of Service

GuideWhale provides a digital adoption software-as-a-service platform designed to help businesses improve user onboarding, adoption, and retention through in-app guidance, analytics, and engagement tools.

3. Account Registration and Security

You may need to register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. GuideWhale cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation. You must notify GuideWhale immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate GuideWhale, a GuideWhale employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm GuideWhale or users of the Service or expose them to liability.
• To interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• To attempt to gain unauthorized access to the Service or its related systems or networks.

5. Fees and Payment

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms presented to you for that Service. GuideWhale may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Fees are non-refundable except as required by law or as otherwise specifically permitted in these Terms.

6. Content and Data

You retain ownership of any data, information, or material that you upload, submit, or otherwise make available through the Service ("Your Content"). By providing Your Content, you grant GuideWhale a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content solely in connection with operating and providing the Service to you and your end-users.

You are solely responsible for Your Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to authorize GuideWhale to use Your Content as necessary to provide the Service.

GuideWhale respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law.

7. Intellectual Property Rights

The Service and its original content (excluding Your Content), features, and functionality are and will remain the exclusive property of GuideWhale and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GuideWhale.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. GuideWhale makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, or materials included therein. You expressly agree that your use of the Service is at your sole risk.

10. Limitation of Liability

In no event shall GuideWhale, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Indemnification

You agree to defend, indemnify, and hold harmless GuideWhale and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Your Content posted on the Service.

12. Changes to Terms

GuideWhale reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].