BeWhale Terms of Use

1. Who we are

BeWhale (the “Service”) is operated by BeWhale (“we”, “us”). Contact: info@bewhale.app.

The Service comprises the BeWhale Telegram Mini App, the BeWhale web application (including hub.bewhale.app), the websites bewhale.app and bewhale.pro, and related features.

2. Agreement to these Terms

By creating an account, accessing, or using the Service you agree to these Terms of Use, our Privacy Policy, Refund Policy, and Risk Disclaimer, which are incorporated by reference. If you do not agree, do not use the Service.

3. Eligibility and restricted territories

3.1 You must be at least 18 years old and have full legal capacity to enter into these Terms.

3.2 The Service is not offered to, and may not be used by:

• (a) persons located in, resident in, or accessing the Service from the United Kingdom in their capacity as consumers;
• (b) US Persons (persons located or resident in the United States of America, its territories, or otherwise a “U.S. person” under applicable US law);
• (c) persons located or resident in, or nationals of, any jurisdiction subject to comprehensive sanctions administered by the United Nations, the United Kingdom (OFSI), the European Union, or the United States (OFAC), including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions;
• (d) persons named on any applicable sanctions or restricted-party list;
• (e) persons located or resident in Belgium or the Netherlands, in respect of the purchase of card packs or boxes with randomised contents;
• (f) any person in a jurisdiction where use of the Service, or any part of it, would be unlawful.

3.3 You represent and warrant on each use of the Service that you do not fall into any category in clause 3.2. We may use technical measures (including geolocation) to enforce these restrictions and may suspend or terminate accounts that circumvent them (including via VPN or similar tools).

3.4 You are solely responsible for ensuring that your use of the Service is lawful in your jurisdiction.

4. Nature of the Service — no investment advice

4.1 The Service is a gamified information and entertainment platform. It provides portfolio tracking, market data, collectible digital cards, games, leaderboards, and AI-generated commentary and analysis.

4.2 Nothing in the Service constitutes investment advice, financial advice, trading advice, tax advice, legal advice, or any other form of professional advice. No content in the Service — including output of the “Wavy” AI agent, AI personas, whale cards, screeners, consensus data, portfolio analytics, insights, badges, or ratings — is a personal recommendation, an invitation, or an inducement to buy, sell, hold, stake, or otherwise deal in any cryptoasset, security, or other financial instrument.

4.3 Content in the Service is generic and informational. It is not tailored to your personal circumstances, objectives, or risk tolerance, even where it references data associated with your connected wallets or portfolio.

4.4 AI-generated content. Portions of the Service are generated by artificial-intelligence systems. AI-generated content may be incomplete, outdated, or incorrect, and may not reflect real-time market conditions. You must not rely on it for any financial decision. AI personas in the Service are fictional characters; any resemblance to real persons is not an endorsement by, affiliation with, or statement of any real person.

4.5 We are not a broker, dealer, exchange, custodian, investment adviser, or fiduciary. We do not execute transactions, hold client funds or cryptoassets, or intermediate deals. No fiduciary, advisory, or agency relationship is created by your use of the Service.

4.6 Third-party market data displayed in the Service may be delayed, estimated, or inaccurate. Figures shown (including portfolio valuations and performance metrics) are indicative only.

4.7 You acknowledge the Risk Disclaimer, including that cryptoasset markets are highly volatile and that past performance is not indicative of future results.

5. Accounts

5.1 You access the Service through your Telegram account (inside the Telegram Mini App or via the Telegram login widget), through Google or Apple sign-in, or with an email address and password. You are responsible for the security of your sign-in credentials and for all activity under your account. Where you sign in by more than one method, those sign-ins may be linked to a single account.

5.2 One account per person. Accounts are personal and non-transferable. We may suspend or close accounts involved in fraud, abuse, multi-accounting, reward farming, or breach of these Terms.

6. Wallet connections

6.1 The Service allows you to connect blockchain wallet addresses on a read-only basis for portfolio tracking. We never take custody or control of your assets.

6.2 We will never ask for your private keys, seed phrase, or recovery phrase. Anyone who does is not us.

6.3 Where you make payments in cryptoassets or interact with third-party services (e.g. NFT marketplaces), those on-chain transactions are executed by you via your own wallet and are outside our control. We do not operate a stored balance of cryptoassets for you: each payment is a discrete transfer from your wallet at the time of purchase.

7. Virtual Items and Virtual Currency

7.1 The Service includes virtual items — including collectible cards, card packs, boosters, cosmetic items — and virtual currencies/points (including “O2” and in-app coins) (together, “Virtual Items”).

7.2 Virtual Items are licensed, not sold. We grant you a limited, revocable, non-exclusive, non-transferable (except as expressly enabled within the Service, e.g. the in-app Card Market) licence to use Virtual Items within the Service only.

7.3 Virtual Items and virtual currency have no monetary value, are not e-money, are not redeemable or exchangeable for fiat currency, cryptoassets, or anything of value outside the Service, and cannot be cashed out. Any balance of virtual currency is a licence metric, not a stored value or claim against us.

7.3a O2 usage credits. “O2” is a metered usage allowance for the Service’s AI-powered features. O2 measures your remaining usage of those features; it is not a currency, deposit, or stored value, is non-transferable between accounts, and cannot be exchanged for money or cryptoassets. O2 included in a subscription plan is granted for a 30-day cycle: any allowance unused at the end of the cycle expires and does not carry over. O2 bought separately as a top-up is added to a distinct balance which does not expire, and is used only once the subscription allowance for the cycle is exhausted.

7.4 We may modify, rebalance, substitute, or discontinue Virtual Items and virtual currency at any time as part of operating and evolving the Service. Except where required by law, no refund or compensation is due for such changes or for unused balances on account closure.

7.5 Purchases of Virtual Items are subject to the Refund Policy.

7.6 Certain purchasable packs and boxes contain randomised contents. Randomised contents of purchased packs consist solely of Virtual Items (to which clause 7.3 applies — no monetary value, no redemption, no cash-out); purchased packs never contain cryptoassets, funds, or other assets with real-world value. The odds of receiving each category of content are published in the Service. Where applicable law restricts randomised paid items, such packs are not offered in the relevant jurisdiction (see clause 3.2(e)).

8. Digital collectibles (NFTs)

8.1 Certain cards may be minted as, or linked to, non-fungible tokens and traded on third-party marketplaces.

8.2 On-chain tokens are held in your own wallet and are your responsibility. Third-party marketplaces are governed by their own terms; we are not a party to, and accept no liability for, transactions on them.

8.3 An NFT confers the on-chain token itself and the in-Service utility we associate with it from time to time. It confers no intellectual-property ownership in the underlying artwork and no expectation of profit. We make no representation as to the value or liquidity of any NFT.

9. Subscriptions, purchases, and payment

9.1 Parts of the Service require payment: subscription plans (currently Orca and Whale, above the free Plankton plan), virtual currency, Virtual Items, and boosters.

9.2 Accepted payment methods may include Telegram Stars, cryptoassets, and payment cards (where available via our payment processor). Cryptoasset payments are accepted on the TON blockchain and on supported EVM networks (currently Ethereum, BNB Chain, Polygon, and Base) in the assets shown at checkout, typically USDT, USDC, or the network’s native coin. Payments inside the Telegram Mini App may be processed exclusively via Telegram Stars in accordance with Telegram’s policies. The payment methods offered may vary by country, including where a payment method is restricted by local law.

9.3 Prices are displayed before purchase. We may change prices prospectively; changes do not affect a subscription period already paid for.

9.4 Subscription plans do not renew automatically. A plan runs for a fixed 30-day period. There is nothing to cancel: at the end of the period your account returns to the free plan, and access to plan features and any unused plan allowance ends. To continue on a paid plan, buy a further period. We will never charge you again without a new purchase.

9.5 Taxes: prices are stated exclusive of applicable taxes. Where value-added tax, sales tax, or an equivalent applies to your purchase, it is added and shown before you pay. You are responsible for any other taxes applicable in your jurisdiction.

9.6 Refunds are governed by the Refund Policy. Cryptoasset payments are irreversible on-chain; see the Refund Policy for what we can and cannot do.

10. Referral, reward, and free prize programmes

10.1 We may operate referral, bonus, streak, quest, and free reward-box programmes. Rewards are discretionary and programmes may be varied, suspended, or withdrawn prospectively at any time.

10.2 Rewards are typically Virtual Items (clause 7 applies). Certain free programmes may award prizes of cryptoassets (for example TON or stablecoins). Participation in any programme that can award cryptoasset prizes never requires payment, and no payment, purchase, or subscription affects your eligibility, odds, or prize amounts in such programmes.

10.3 Cryptoasset prizes are delivered to a wallet address associated with your account; delivery on-chain is final. You are responsible for any taxes applicable to prizes in your jurisdiction. There is no cash alternative except where we elect to offer one.

10.4 We may withhold or reclaim rewards obtained through fraud, self-referral, multi-accounting, circumvention of territorial restrictions, or other abuse.

11. Acceptable use

You must not: (a) breach any law or these Terms; (b) reverse engineer, scrape, or extract data from the Service at scale without our written consent; (c) interfere with or disrupt the Service; (d) misrepresent Service content as investment advice or redistribute it commercially; (e) use the Service to launder money or evade sanctions; (f) upload malicious code; (g) abuse referral, reward, or market mechanics; (h) impersonate others.

12. Intellectual property

The Service and all content we provide (software, design, artwork, card imagery, text, data compilations, trademarks including “BeWhale”) are owned by us or our licensors. You receive only the limited licence in these Terms. Feedback you submit may be used by us without restriction or compensation.

13. Third-party services and data

The Service relies on third-party services and data sources (including market-data providers, blockchain networks and block explorers, Telegram, and AI model providers). We do not control them and are not responsible for their availability, accuracy, or conduct.

14. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we exclude all implied warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that data (including portfolio valuations and AI output) will be accurate or complete.

15. Limitation of liability

15.1 Nothing in these Terms excludes liability that cannot be excluded by law, including for death or personal injury caused by negligence, or for fraud.

15.2 To the maximum extent permitted by law, we are not liable for: (a) trading or investment losses, or any decision made in reliance on Service content; (b) loss of profits, revenue, goodwill, data, or opportunity; (c) indirect or consequential loss; (d) loss arising from blockchain networks, wallets, third-party marketplaces, or third-party data; (e) loss of Virtual Items or virtual currency except where caused by our breach.

15.3 Our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the greater of (a) the amounts you paid us in that period and (b) £100.

16. Indemnity

You will indemnify us against claims, losses, and costs (including reasonable legal fees) arising from your breach of these Terms, your unlawful use of the Service, or your violation of third-party rights.

17. Suspension and termination

17.1 You may stop using the Service and close your account at any time.

17.2 We may suspend or terminate your access (with or without notice, depending on severity) for breach of these Terms, suspected fraud or sanctions exposure, legal requirement, or discontinuation of the Service. Clauses intended to survive (including 4, 7.3, 12, 14–16, 19) survive termination.

18. Changes to the Service and these Terms

We may modify the Service and these Terms. For material changes we will give reasonable advance notice in-app or by other means. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service.

19. Governing law and disputes

19.1 These Terms, and any non-contractual obligations arising out of them, are governed by the laws of the country in which the operator of the Service is established.

19.2 The courts of that country have exclusive jurisdiction, except where mandatory consumer-protection law in your country of residence grants you rights to bring or defend proceedings there, in which case those rights are unaffected.

19.3 [Optional — solicitor to confirm: an arbitration clause may be preferable given the international user base. Note that this choice, unlike the rest of this section, does not follow automatically from the operator’s home jurisdiction.]

20. General

Entire agreement; severability; no waiver by delay; we may assign these Terms to a group company or acquirer, you may not assign; no third-party beneficiary rights except as stated.

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Operator: BeWhale. Questions: info@bewhale.app.