WhaleFinders Terms and Conditions

Last updated: July 16, 2026.
Effective date: June 17, 2026.

WhaleFinders LLC is a Wyoming limited liability company organized under the Wyoming Limited Liability Company Act, W.S. 17-29-101 et seq. ("WhaleFinders," the "Company," "we," "us," or "our"). The Company operates the website at whalefinders.com (the "Site") and provides the subscription service marketed as "WhaleFinders" (the "Service"). These documents are entered into by WhaleFinders LLC in its own name. The parties are independent contractors, and nothing in these documents creates any partnership, joint venture, agency, franchise, or employment relationship. No member, manager, officer, or employee of WhaleFinders LLC is personally liable for the obligations of the Company.

"You," "your," and "Customer" mean the person or entity that accepts these terms, opens an account, or pays for the Service. If you accept on behalf of a company or agency, you represent that you have authority to bind that entity, and "you" includes that entity.

1. Introduction and Acceptance

1.1 These Terms and Conditions (these "Terms") are a binding legal agreement between you and WhaleFinders. They govern your access to and use of the Service, the Site, and the Portal, and your purchase of any subscription to the Service.

1.2 The Service is the subscription marketing-direction and advisory service marketed as WhaleFinders, consisting of written strategy, direction, copy, and informational guides delivered as text and documents. The Service provides written direction and copy only. It does not provide content production, messaging or chatting, account access or automation, or bought traffic, as described in Section 5.

1.3 Acceptance by clickwrap. You accept these Terms when you do any one of the following: (a) click a button or check a box indicating that you agree (for example, a button labeled "I Agree," "Sign Up," "Subscribe," or "Pay"); (b) create an account for the Service; or (c) pay for or otherwise access or use the Service. By doing any of these things, you confirm that you have read, understood, and agree to be bound by these Terms.

1.4 Documents incorporated by reference. By accepting these Terms you also agree to the following documents, each of which is incorporated by reference into these Terms and forms part of your agreement with the Company: the Privacy Policy, the Acceptable Use Policy (the "AUP"), the Cookie Policy, the Payment & Refund Policy, and the DMCA and Copyright Policy. If you are an Agency, the Company's data processing terms (the "DPA"), available on request, are also incorporated by reference into these Terms and form part of your agreement. If there is a direct conflict between these Terms and an incorporated document, these Terms control, except that (a) the DPA controls over these Terms on matters of data processing for Agency customers, and (b) the AUP controls over these Terms on matters of permitted and prohibited use. This conflict-priority order is restated wherever a conflict could arise, including in Section 8 (where the AUP controls on permitted and prohibited use), Section 18.5 (where, for Agency data processing, the DPA controls), Section 19.2(a) (suspension or termination for breach of an incorporated document), Section 22.3 (entire agreement), and the survival provisions.

1.5 Who is bound. These Terms bind the person or entity that accepts them. If you accept on behalf of an Agency, a company, or any other entity, you represent and warrant that you are authorized to bind that entity, and "you," "your," and "Customer" include both you individually and that entity. If you do not have that authority, or if you do not agree to these Terms, you must not accept these Terms and must not use the Service.

1.6 Business customers only. The Service is sold only to businesses: OnlyFans management agencies that purchase the Service on a white-label basis for the marketing of the Creators they represent. The Service is not offered to consumers, to individual creators, or to fans. You represent that you are purchasing the Service for business purposes and not for personal, family, or household use. Agency-specific terms are set out in Section 18.

1.7 Record of acceptance. The Company may record the version of these Terms you accepted, together with the date, time, and Internet Protocol address associated with your acceptance, and may rely on that record as evidence of your acceptance.

1.8 Changes that require re-acceptance. Where the Company makes a material change to these Terms, it may require you to review and accept the updated Terms again before you continue to use the Service, as described in Section 21. The Company does not rely on browsewrap acceptance, on a footer link alone, or on your mere continued presence on the Site, as a substitute for the affirmative acceptance described in this Section 1.

2. Definitions

In these Terms, the following capitalized terms have the meanings given below. A term defined here has the same meaning wherever it appears, and a term defined elsewhere in these Terms has the meaning given where it is defined.

2.1 Service means the subscription marketing-direction and advisory service marketed as WhaleFinders, consisting of written strategy, direction, copy, and informational guides delivered as text and documents.

2.2 Deliverables means the specific written outputs the Company provides under the Service, including niche theses, personas and voice guides, platform bios and the OnlyFans bio and offer ladder, content ideas with captions and titles, subreddit maps and rule sheets, posting calendars, funnel and link-in-bio direction, informational guides, informal and non-legal copy pre-checks of the copy shipped, trend alerts, and written performance reviews.

2.3 Durable Deliverables means the subset of Deliverables that are standalone assets dripped into the Portal during the build sprint (for example bios, personas, guides, rule sheets) which the Customer keeps and may use after cancellation, as distinct from the daily idea stream, alerts, list refreshes, and reviews that stop on cancellation.

2.4 WF Materials (also "Company IP") means all frameworks, methodologies, libraries (including hook, CTA, and caption frameworks), templates, guides, per-community rule guidance, enforcement and ban intelligence, the Portal, the Site, and all underlying know-how, together with all intellectual property in them.

2.5 Customer means the person or entity that accepts the terms, opens an account, or pays for the Service. Every Customer is an Agency; the Service is not sold to individual Creators or consumers. A reference to a Customer is a reference to an Agency.

2.6 Creator means an individual adult content creator represented by an Agency that uses the Service to direct their marketing. Creators may be of any gender; these Terms use "they" and "their" for Creators.

2.7 Agency means an OnlyFans management agency that buys the Service on a white-label or wholesale basis and resells or rebrands it to its own roster of creator clients.

2.8 End Client means a creator client of an Agency to whom the Agency delivers the white-labeled Service. WhaleFinders has no direct contractual relationship with End Clients.

2.9 Subscriber (also "fan") means a third-party paying follower of a Creator on a platform such as OnlyFans. The Company never contacts, messages, or holds Personal Data about Subscribers.

2.10 Portal (also the delivery channel) means the channels through which the Service is provided: the shared messaging channel the Company uses with you, ordinarily a private Telegram group that includes your team, the documents and guides the Company delivers there and by email, and, where and when the Company makes it available, the WhaleFinders client dashboard application, including its account, team, guides, and billing features.

2.11 Site means the Company website at whalefinders.com.

2.12 Intake Data means the onboarding and creator-intake information a Customer provides, including niche, persona, voice, brand, platform handles and profile links, content preferences, stated boundaries and limits, body-type descriptors, and the age and consent attestation.

2.13 Personal Data (also "personal information") means any information relating to an identified or identifiable natural person, as defined under applicable data-protection law.

2.14 Sensitive Data (also "sensitive personal information" and "special-category data") means Personal Data revealing or concerning a person's sex life or sexual orientation, and any other category treated as sensitive or special under GDPR Article 9 or the California CPRA. Intake Data may include Sensitive Data and, where it does, is handled as described in the Privacy Policy and, for Agencies, our data processing terms.

2.15 Controller means the party that determines the purposes and means of processing Personal Data.

2.16 Processor means the party that processes Personal Data on behalf of and on the documented instructions of a Controller.

2.17 The Four NOTs means the boundary defined in Section 5, that the Company does not produce, does not chat, does not automate or access accounts, and does not buy or sell traffic.

2.18 AAA means the American Arbitration Association.

2.19 AUP means the Acceptable Use Policy.

2.20 DPA means the data processing addendum the Company makes available to Agency customers on request.

2.21 Headings and section titles are for convenience only and do not affect interpretation. The words "include," "including," and "for example" are not words of limitation. References to a statute include any amendment to or replacement of it.

3. Eligibility and Adult-Only Access

3.1 Adults only. The Service is strictly for adults. You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if that age is higher, to access, purchase, or use the Service. By accepting these Terms you represent and warrant that you meet this requirement.

3.2 All depicted persons are adults. You represent and warrant that every Creator whose marketing you direct using the Service, and every person depicted in any content connected to your use of the Service, is and at all relevant times was a consenting adult of at least eighteen (18) years of age, or the age of majority in the applicable jurisdiction if that age is higher.

3.3 No part of the Service is directed to minors. No part of the Service, the Site, or the Portal is directed to, intended for, or designed to attract anyone under the age of eighteen (18). The Company does not knowingly provide the Service to, or collect information from, any person under that age. If the Company learns that a person under that age has accessed the Service, the Company will terminate that access.

3.4 Capacity and authority. You represent and warrant that you have the legal capacity to enter into these Terms, and, if you accept on behalf of an entity, that you have authority to bind that entity as described in Section 1.

3.5 Gender. Creators may be of any gender. These Terms use "they" and "their" for Creators and do not assume any gender.

4. The Service and Scope

4.1 What the Service is. The Service provides written marketing direction, strategy, copy, and informational guidance for the marketing of lawful adult content. The Deliverables are described in Section 2.2 and include niche positioning theses; personas and voice guides; platform bios and an OnlyFans bio and offer ladder; a daily stream of content ideas with the captions and titles already written; subreddit maps and per-subreddit rule sheets; posting cadences and calendars; funnel and link-in-bio direction; one-time informational guides for account creation, warmup, algorithm, ban and shadowban avoidance, vetted-supplier direction, and verification handling; informal, non-legal copy pre-checks of the copy shipped; trend alerts; and monthly written performance reviews. The informal, non-legal copy pre-checks are a marketing review of the wording of the copy the Company ships and are not a compliance-assurance function, a legal review, or a legal opinion, as further described in Section 14.3. The Company makes no representation that any Deliverable complies with the terms of any platform or with any law, and you remain solely responsible for compliance as described in Sections 7 and 8.

4.2 Informational direction only. The Service is informational direction. Every Deliverable is delivered as text and documents. The Deliverables are suggestions, ideas, frameworks, and copy. They are not instructions that the Company carries out on your behalf, and they are not a guarantee of any result. You decide whether and how to use any Deliverable.

4.3 Delivery. Deliverables are delivered through the shared messaging channel the Company uses with you, ordinarily a private Telegram group that includes your team, or another shared channel the parties agree on, and through the documents, guides, or any customer portal the Company provides. Delivery is described further in Section 11.

4.4 The Four NOTs apply. The Service is subject to the boundary set out in Section 5 (the Four NOTs). Nothing in the description of the Service in this Section 4 expands the scope of what the Company does beyond written direction and copy.

4.5 Changes to the Service. The Company may add to, modify, or discontinue features of the Service from time to time. The Company will not make a change that materially reduces the core Service you are paying for during a paid period without offering you a reasonable remedy, which may include continuing the prior version through your current paid period or a pro-rated credit. Trend, market, and platform conditions change, and the specific ideas, lists, and recommendations in the Deliverables will change accordingly.

5. The Four NOTs and No Account Access

5.1 We provide direction only (the Four NOTs). WhaleFinders provides written direction and copy only. We do not, and the Service does not:

(1) Production. We do not film, photograph, record, or edit any content. You, or your own creator, create all media.

(2) Chatting. We do not operate any inbox, do not send messages to fans or Subscribers, and do not sext, role-play, or impersonate anyone.

(3) Bots and automation. We do not log into, access, control, or automate any platform, social media, OnlyFans, payment, email, or other account, and we never request, hold, or use your account logins or credentials.

(4) Bought traffic. We do not buy, sell, or supply clicks, traffic, followers, upvotes, or Subscribers, and we do not sell on a cost-per-lead basis.

As a result, the Company never accesses, logs into, operates, controls, or takes responsibility for any of your accounts. We supply ideas and copy; you and your own team decide whether and how to use them, you post everything from your own accounts, and you bear all responsibility for posting, for compliance, and for outcomes.

5.2 You execute everything. Because of the Four NOTs, you (or your own team or creator) carry out all execution. You create all media, you operate all inboxes and conversations with fans and Subscribers, you log into and operate all of your own accounts, and you post and publish everything yourself. The Company never holds your credentials and never acts inside any of your accounts.

5.3 No credentials requested. The Company will never ask you for the login credentials to any account, and you must never give them to us. If anyone claiming to be the Company asks you for payment in an unexpected way, or for your login credentials, treat the request as suspicious and contact the Company through the verified channels in Section 22. The Company will never message you first to request payment or your login credentials.

6. Customer Types

6.1 Agencies (white-label and wholesale). An Agency buys the Service on a white-label or wholesale basis and resells or rebrands it to its own End Clients. Agency-specific terms, including the reseller relationship, the white-label sublicense, flow-down obligations, and the Controller and Processor relationship for data, are set out in Section 18. The DPA also applies to Agencies.

7. Customer Obligations and Representations

7.1 Lawful adult content only. You represent, warrant, and covenant that you will use the Service only in connection with lawful adult content created by consenting adults, and only in compliance with all applicable laws and with the AUP.

7.2 Continuous age and consent representation. You represent and warrant, on a continuing basis for as long as you use the Service, that you and every person depicted in any content connected to your use of the Service are consenting adults of at least eighteen (18) years of age, or the age of majority in the applicable jurisdiction if higher, and that you hold all rights, consents, and releases necessary for that content.

7.3 You own and run your accounts. You acknowledge and agree that you, and not the Company, own, operate, and control all of your platform, social media, OnlyFans, payment, email, and other accounts. You are solely responsible for everything posted, published, sent, or done from or in connection with those accounts, whether or not it uses a Deliverable.

7.4 You execute all posting. You are solely responsible for executing all posting and publishing. The Company supplies ideas and copy only. The decision to use any idea or copy, and the act of posting it, are yours alone.

7.5 Platform compliance is yours. You are solely responsible for compliance with the terms of service, community guidelines, and policies of OnlyFans, Reddit, Instagram, Meta, TikTok, X, and any other platform you use, and for any consequence of using a Deliverable on any platform, as further described in Section 8.

7.6 Age verification, consent, and record-keeping are yours. You are solely responsible for all age verification, consent, content labeling, and record-keeping obligations that apply to your content and your platforms, including any obligations under 18 U.S.C. 2257 and 2257A and 28 C.F.R. Part 75, and any applicable age-verification laws, as further described in Section 8.

7.7 Your taxes and business compliance. You are solely responsible for your own taxes, business licenses, registrations, and other regulatory and business compliance arising from your activities.

7.8 Accurate information. You agree to provide accurate, current, and complete information when you register and when you provide Intake Data, and to keep it updated. The Company may rely on the information you provide.

7.9 Cooperation. You agree to cooperate reasonably with the Company in the provision of the Service, including by providing the Intake Data needed to tailor the Deliverables.

8. Adult-Content and Platform Legal Posture

8.1 AUP controls on permitted and prohibited use. This Section 8 states the Company's adult-content and platform legal posture. The AUP sets out the detailed rules on permitted and prohibited use, and, as provided in Section 1.4, the AUP controls over these Terms on matters of permitted and prohibited use. This Section 8 and the AUP are intended to be read together and consistently.

8.2 Lawful adult content only. The Service supports the marketing of lawful adult content created by consenting adults. The following are strictly prohibited, are outside the scope of the Service, and are a material breach of these Terms and the AUP: child sexual abuse material or any depiction of a minor; non-consensual content; any content involving human trafficking or sex trafficking; commercial sexual services, prostitution, escorting, or the arranging or facilitation of any in-person sexual encounter or transaction; bestiality; incest content; obscene material; and any content that is unlawful where it is produced or distributed. You acknowledge the federal statutes commonly known as FOSTA-SESTA, including 18 U.S.C. 1591 and 18 U.S.C. 2421A, and you agree not to use the Service in any manner that those statutes prohibit.

8.3 No facilitation of in-person sexual services. The Company does not, and the Service must not be used to, advertise, arrange, promote, solicit, or facilitate commercial sexual services, prostitution, escorting, or any in-person or off-platform sexual transaction. Any request that the Company direct, arrange, promote, or facilitate any such activity is a material breach, will result in immediate termination, and may be reported as required by law.

8.4 2257 non-producer position. The Company produces no sexually explicit visual media. The Company is not a producer, primary producer, or secondary producer of any depiction of actual or simulated sexually explicit conduct within the meaning of 18 U.S.C. 2257 or 2257A. The Company does not create, film, photograph, record, edit, host, store, or maintain any such media, and the Company does not maintain any records under those statutes or 28 C.F.R. Part 75. You are solely responsible for all age and consent verification, record-keeping, custodian-of-records duties, and content labeling for your own content.

8.5 Age verification is your obligation. The Company operates no consumer-facing adult website and performs no end-user age verification. You are solely responsible for complying with all applicable age-verification laws on your own platforms and in your own jurisdiction. You acknowledge the trend of United States state age-verification laws applicable to adult content and that compliance with those laws is your obligation, not the Company's.

8.6 Platform terms and assumed risk. You are solely responsible for compliance with the terms of service of every platform you use. The Company's strategies, ideas, and copy are informational direction and may conflict with or violate the terms of service of a given platform, and may result in bans, shadowbans, restrictions, content removal, or account loss. You knowingly and voluntarily assume that risk. The Company makes no guarantee against any enforcement action by any platform, and the Company is not responsible for any ban, shadowban, restriction, removal, suspension, or loss of any account or content.

8.7 No affiliation with platforms. The Company is not affiliated with, endorsed by, sponsored by, or in any partnership with OnlyFans, Meta, Instagram, Reddit, TikTok, X, or any other platform. All third-party names and trademarks belong to their respective owners and are used only nominatively to identify those platforms.

9. Billing and Subscription Terms

Please read this Section 9 carefully. It describes your subscription, including billing periods, automatic renewal, payment by card and by cryptocurrency, price changes, and cancellation.

9.1 Payment methods. The Service is paid for by recurring card-on-file through a third-party, PCI-DSS-compliant payment processor, or by cryptocurrency (which the Company expects in most cases to be the USDC stablecoin) through a third-party crypto payment processor or to a Company wallet. The Company does not store full card numbers or card verification values. The Company may store payment tokens, the last four digits of a card, processor customer identifiers, cryptocurrency wallet addresses, and transaction hashes, as described in the Privacy Policy. The cryptocurrency payment terms in Section 9.2 apply to any cryptocurrency the Company accepts.

9.2 Cryptocurrency payment terms and irreversibility. Cryptocurrency payments, including payments in USDC, are generally irreversible. Once a cryptocurrency transaction is broadcast and confirmed on the relevant network, it cannot be reversed, recalled, or charged back. You are solely responsible for the accuracy of the wallet address to which you send payment and for sending the correct asset on the correct network. The Company is not responsible for funds sent to a wrong, mistyped, or outdated address, for funds sent on the wrong network, for the wrong asset being sent, for network or "gas" fees, for delays or failures of any blockchain or network, or for any fluctuation in the value of any cryptocurrency. The Company accepts cryptocurrency only as payment for its own services; it is acting as a user and payee of convertible virtual currency for its own goods and services, and it is not a money transmitter or money services business. This Section 9.2 is part of the basis on which the Company accepts cryptocurrency, and the export, sanctions, and anti-money-laundering provisions in Section 22.8 apply to your use of cryptocurrency to pay for the Service.

9.3 Recurring billing. The Service is a recurring subscription, billed monthly in advance. There is no annual prepayment and no upfront charge beyond your first monthly payment.

9.4 No minimum term. The Service has no minimum commitment and no lock-in. Your subscription runs for the period you have paid for and continues on a month-to-month basis until you cancel. You may cancel at any time as described in Section 9.7, and cancellation takes effect at the end of the then-current paid billing period.

9.5 Automatic renewal and your consent. Before you purchase, the checkout flow presents, and you separately consent to, the automatic-renewal terms of your subscription, clearly and conspicuously and in a manner consistent with applicable automatic-renewal and negative-option law, including Section 5 of the Federal Trade Commission Act and the automatic-renewal and negative-option laws of any state that applies to you. The checkout flow itself carries the clear and conspicuous disclosure of the automatic-renewal terms and obtains your separate affirmative consent to those terms specifically, and that consent is not bundled into your general acceptance of these Terms. The key automatic-renewal terms, disclosed conspicuously at checkout, are as follows:

YOUR SUBSCRIPTION CONTINUES AND AUTOMATICALLY RENEWS UNTIL YOU CANCEL IT. YOUR SUBSCRIPTION RENEWS AT THE END OF EACH BILLING PERIOD, WHICH IS MONTHLY, AND THE COMPANY WILL CHARGE THE THEN-CURRENT RENEWAL PRICE DISCLOSED TO YOU AT CHECKOUT TO YOUR PAYMENT METHOD ON FILE AT EACH RENEWAL. YOU MAY CANCEL AT ANY TIME, AND CANCELLATION IS NO HARDER THAN SIGNUP: YOU MAY CANCEL THROUGH THE SAME MEDIUM YOU USED TO ENROLL, THROUGH THE SHARED CHANNEL WE USE WITH YOU, OR BY CONTACTING THE COMPANY AT ADMIN@WHALEFINDERS.COM OR THROUGH TELEGRAM @WHALEFINDERSUPPORT.

After you purchase, the Company provides an acknowledgment of your subscription that includes the automatic-renewal terms and clear instructions on how to cancel, retained in a form you can keep. Cancellation does not require you to speak to a live agent, to call a phone line, or to pass through any retention offer, save attempt, or other added step: you may cancel through the same medium you used to enroll, through the shared channel we use with you, or by the contact methods stated in the disclosure box above. The Company will send a reminder before a renewal or a price change where required by law. The Company maintains records of your separate affirmative consent to the automatic-renewal terms.

9.6 No free trial. The Service does not include a free trial or a paused or reduced-price holding state. Your subscription begins, and billing begins, when you purchase.

9.7 Cancellation method. You may cancel at any time, and cancellation takes effect at the end of the then-current paid billing cycle. Cancellation is no more difficult than signup, and you may cancel through the same medium you used to enroll. You may cancel through the shared channel we use with you or by contacting the Company at admin@whalefinders.com or through Telegram @whalefindersupport. Cancelling at least fourteen (14) days before the next renewal date helps us process your cancellation before that date, but this is only a processing convenience and is not a condition of your right to cancel: your right to cancel at any time, as confirmed in the disclosure box in Section 9.5, is not affected if you cancel with less than fourteen (14) days' notice, and a cancellation request you submit before a renewal date will be honored. The effect of cancellation is described in Sections 11 and 19.

9.8 Billing period. Your billing period is monthly. Cancellation takes effect at the end of the then-current paid month, and fees already paid are not refunded, as set out in Section 9.9 and the Payment & Refund Policy.

9.9 No refunds. All fees are non-refundable, as set out in our Payment & Refund Policy. When your subscription begins, the Company commits time and expertise to custom strategy and setup work that is delivered to you up front, so the Company does not offer refunds, credits, or prorated returns for any part of a billing period, and there is no free trial and no separate setup fee. Your protection is that there is no lock-in: you may cancel at any time, your subscription then runs to the end of the period you have paid for, and you keep the Durable Deliverables already delivered to you, as described in Sections 9.7, 11, and 12 and in our Payment & Refund Policy.

9.10 Price changes. The Company may change the price of the Service on at least thirty (30) days' notice, effective at your next renewal. Your continued use of the Service after the effective date of the change is your acceptance of the new price. If you do not accept the new price, you may cancel before it takes effect.

9.11 Taxes. All prices are exclusive of taxes. You are responsible for all sales, use, value-added, goods-and-services, withholding, and other taxes and duties imposed on the Service or on your purchase, except for taxes based on the Company's net income. If the Company is required to collect a tax, it will be added to your charges.

9.12 Payment without deduction; no set-off; interest on late amounts. All amounts due to the Company are payable in full and in United States dollars (or, for cryptocurrency payments, in the agreed cryptocurrency at the agreed value) without any deduction, withholding, or set-off, except any withholding required by law. You may not set off, counterclaim, or withhold any amount you owe the Company against any amount you claim the Company owes you. For Agency and other business accounts that are invoiced rather than charged automatically, undisputed amounts not paid when due may accrue interest at the lower of one and one-half percent (1.5%) per month or the maximum rate permitted by law, from the due date until paid, and you are responsible for the Company's reasonable costs of collection.

9.13 Chargebacks. If you believe a charge is incorrect, you agree to contact the Company first at admin@whalefinders.com so the Company can resolve it. Initiating a chargeback or payment dispute that is fraudulent or that is made in bad faith, without first contacting the Company and giving it a reasonable opportunity to resolve the matter, is a breach of these Terms. The Company may suspend or terminate your access in response, may dispute the chargeback, and may recover the disputed amount and its reasonable costs of responding, to the extent permitted by law.

9.14 Failed payments. If a payment fails or is declined, the Company may retry the charge and will give you a reasonable opportunity to cure (for example, by updating your payment method). If the payment is not cured within the cure window, the Company may suspend or terminate the subscription. Suspension does not relieve you of amounts already due.

9.15 Adult-merchant and processing disclosure. Payment processing for adult-industry merchants is subject to additional rules and risk. The Company's processing, or your individual payment, may be delayed, declined, suspended, or terminated by a payment processor, card network, or bank for reasons outside the Company's control. The Company may change, add, or remove payment processors or payment methods at any time. The Company is not liable for any consequence of a processor's or bank's decision.

9.16 No clawback, no exit fee, no non-compete. The Company does not impose any clawback of amounts already earned, any exit fee on cancellation, or any non-compete restriction on you. You are free at any time to cancel and to work with anyone you choose.

10. Marketing Communications Consent

10.1 Transactional messages. The Company may send you transactional and account messages about your subscription, billing, security, the Service, and these Terms, including renewal acknowledgments and reminders, using the contact details on your account. These messages are part of the Service and are not marketing.

10.2 Email marketing and CAN-SPAM. The Company may send you marketing email about the Service and related offerings. Every marketing email will identify the Company, will include a working unsubscribe mechanism, and will include a valid physical postal address, consistent with the federal CAN-SPAM Act. You may opt out of marketing email at any time using the unsubscribe link or by contacting the Company at admin@whalefinders.com. The Company will honor your opt-out promptly and in any event within ten (10) business days. Opting out of marketing email does not stop transactional or account messages.

10.3 Marketing text messages and TCPA. The Company will send marketing or promotional text messages (SMS) only where you have given prior express written consent to receive them, where required by the federal Telephone Consumer Protection Act and applicable law. Your consent to marketing text messages is not a condition of purchasing the Service. Message and data rates may apply, and message frequency varies. You may revoke your consent and stop marketing text messages at any time by replying STOP to any such message or by contacting the Company at admin@whalefinders.com, and the Company will honor your revocation. Revoking consent to marketing text messages does not stop transactional or account messages sent through other channels.

10.4 Messaging-channel consent. Where you provide a Telegram, Discord, Slack, or similar handle for delivery of the Service, the Company uses that channel to provide the Service. Any separate marketing through such a channel is subject to the same consent and opt-out principles in this Section 10.

11. Delivery and the Portal

11.1 Build sprint. During a build sprint that aims to deliver the initial Durable Deliverables within approximately forty-eight (48) hours, the Company delivers the Durable Deliverables to you through the delivery channel, and the ongoing Service then continues. Delivery forms part of the Service.

11.2 What stops on cancellation. On cancellation or termination, the following stop immediately at the end of your access: access to the delivery channel, the daily idea stream, trend alerts, list refreshes, and written performance reviews. Your access to the delivery channel ends when your subscription ends.

11.3 What you keep. On cancellation or termination, you keep the copies of the Durable Deliverables that have already been delivered to you. Those specific Durable Deliverables become yours to use for your own (or, for an Agency, your End Clients') adult-creator marketing, subject to the license and the restrictions in Section 12. You do not keep, and your license does not extend to, any part of the ongoing Service that stops on cancellation, or to any WF Materials beyond the specific Durable Deliverables actually delivered to you.

11.4 Access control. The Deliverables may be watermarked and tied to your account, and access to the delivery channel is per-account and may not be shared, as described in Section 12.3.

11.5 Portal accounts. Where the Company makes the client dashboard available, you must register with accurate, current, and complete information and keep it updated. Your account is for your agency only. You are responsible for keeping all login credentials confidential and for all activity under your account, and you must notify the Company promptly of any suspected unauthorized access.

11.6 Team members. You may invite members of your own team to the dashboard under the roles it supports. Each seat is for one named individual and may not be shared. You are responsible for the acts and omissions of every team member you invite and for removing access promptly when a person leaves your team.

11.7 Your dashboard data. You control the creator identifiers, performance figures, and other information your agency chooses to enter into the dashboard. You grant the Company a non-exclusive, worldwide, royalty-free license to host, process, and display that information solely to provide and support the Service for you, and you represent that you have all rights and permissions needed to enter it. For Personal Data, our data processing terms apply.

11.8 Billing through the dashboard. Subscription billing through the dashboard is processed by Stripe. The Company does not store full card numbers. You may manage your plan, payment method, and cancellation in the dashboard's billing area where available.

11.9 Dashboard security and availability. The Company applies commercially reasonable technical and organizational security measures to the dashboard, including email confirmation at sign-up, screening of new passwords against known breached-password lists, optional multi-factor authentication, bot protection, and rate limiting. The dashboard is nonetheless provided as described in Section 14, and the Company may suspend access as described in Section 19.

12. Intellectual Property and License

12.1 Company ownership. As between you and the Company, the Company owns and retains all right, title, and interest in and to the WF Materials (also called Company IP), including all frameworks, methodologies, libraries (including hook, CTA, and caption frameworks), templates, guides, per-community rule guidance, enforcement and ban intelligence, the Portal, the Site, and all underlying know-how, together with all intellectual property rights in them. No rights are granted to you except the limited license expressly stated in these Terms. All rights not expressly granted are reserved.

12.2 License to you. Subject to your compliance with these Terms and your payment of all fees due, the Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Deliverables solely for your own adult-creator marketing (or, for an Agency, the marketing of its End Clients) for as long as you are a paid subscriber. In addition, you may retain and continue to use the specific Durable Deliverables that were actually delivered to you, for that same purpose, after your subscription ends. The Agency white-label sublicense in Section 18 is the only sublicense permitted, and only to the extent stated there.

12.3 Restrictions. You must not, and must not permit anyone to: (a) resell, redistribute, sublicense, lease, or otherwise make available the WF Materials, in whole or in part, as a standalone product or as a product that competes with the Service, except for the limited Agency white-label sublicense in Section 18; (b) reverse engineer, decompile, or attempt to derive the underlying frameworks, methodologies, or know-how of the WF Materials except to the extent this restriction is prohibited by law; (c) use the Deliverables or the WF Materials to build, train, or operate a service that competes with the Service; (d) share, transfer, or provide access to the delivery channel or the Deliverables to any person outside your account, except, for an Agency, to its own End Clients as permitted in Section 18; or (e) remove, obscure, or alter any watermark, notice, or attribution on the Deliverables or the Portal.

12.4 Your inputs. You own your own brand, name, persona inputs, content, trademarks, and other materials that you provide to the Company (your "Inputs"). You grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify your Inputs solely to provide and support the Service for you. You represent and warrant that you have all rights necessary to grant this license and that your Inputs do not infringe or violate any third-party right or any law.

12.5 Feedback. If you give the Company feedback, suggestions, or ideas about the Service, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use that feedback for any purpose, without any obligation or compensation to you. Feedback is given voluntarily and is not your confidential information.

13. Confidentiality

13.1 Confidential Information. "Confidential Information" means non-public information disclosed by one party (the "Discloser") to the other (the "Recipient") that is marked or reasonably understood to be confidential, including the WF Materials, the Company's pricing and methods, and the Customer's persona, strategy, and other non-public business information.

13.2 Obligations. The Recipient will use the Discloser's Confidential Information only to perform under or use the Service, will protect it using at least reasonable care, and will not disclose it to any third party except to those of its personnel or contractors who need it and are bound by confidentiality obligations at least as protective as these.

13.3 Exclusions. Confidential Information does not include information that is or becomes public through no fault of the Recipient, that the Recipient already lawfully had without a duty of confidentiality, that the Recipient lawfully receives from a third party without restriction, or that the Recipient independently develops without using the Discloser's Confidential Information.

13.4 Compelled disclosure. The Recipient may disclose Confidential Information if required by law or legal process, provided that, where lawful, it gives the Discloser reasonable prior notice and cooperates in any effort to limit the disclosure.

13.5 Survival. This Section 13 survives termination for as long as the information remains confidential.

14. Warranties and Disclaimer

14.1 Mutual authority. Each party represents that it has the authority to enter into these Terms.

14.2 DISCLAIMER. THE SERVICE, THE DELIVERABLES, THE PORTAL, THE SITE, AND ALL WF MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DELIVERABLE WILL ACHIEVE ANY PARTICULAR RESULT, COMPLY WITH ANY PARTICULAR PLATFORM'S TERMS, OR AVOID ANY ENFORCEMENT ACTION.

14.3 Direction, not professional advice. The Service provides written marketing direction and copy only. It is not legal, tax, financial, accounting, medical, or other professional advice. The informal, non-legal copy pre-checks included in the Service are informal marketing reviews of the copy shipped and are not legal advice, a legal opinion, or a compliance-assurance function. You should obtain your own professional advice for your situation.

14.4 Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions in this Section 14 may not apply to you. In that case, the excluded warranties are limited to the minimum scope and duration permitted by law.

15. No Guarantee of Results or Earnings

15.1 NO GUARANTEE OF RESULTS OR EARNINGS. WHALEFINDERS PROVIDES WRITTEN MARKETING DIRECTION AND COPY ONLY. WE DO NOT GUARANTEE ANY SUBSCRIBERS, FANS, FOLLOWERS, TRAFFIC, GROWTH, RANKINGS, INCOME, OR EARNINGS. ANY EXAMPLES, FIGURES, OR CASE STUDIES ARE ILLUSTRATIVE ONLY AND ARE NOT PROMISES OF ANY RESULT. YOUR RESULTS DEPEND ENTIRELY ON YOUR OWN EXECUTION AND ON MANY FACTORS OUTSIDE OUR CONTROL, INCLUDING PLATFORM DECISIONS, MARKET CONDITIONS, AND YOUR OWN CONTENT AND CONDUCT.

16. Limitation of Liability

16.1 Exclusion of certain damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE, THE DELIVERABLES, THE PORTAL, THE SITE, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Liability cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO THE COMPANY FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100.00). THIS CAP DOES NOT APPLY TO, AND THE COMPANY DOES NOT SEEK TO LIMIT BELOW, ANY MINIMUM AMOUNT OR STATUTORY DAMAGES THAT A NON-WAIVABLE CONSUMER-PROTECTION OR OTHER MANDATORY LAW REQUIRES THE COMPANY TO PAY YOU. WHERE SUCH A LAW REQUIRES A HIGHER MINIMUM RECOVERY, THAT MINIMUM APPLIES INSTEAD OF THIS CAP TO THE EXTENT, AND ONLY TO THE EXTENT, THE LAW SO REQUIRES.

16.3 Carve-outs. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for gross negligence or willful misconduct, liability under any non-waivable statutory rights, or liability for death or personal injury caused by negligence where that liability cannot lawfully be limited. The liability cap in Section 16.2 yields to any liability that cannot lawfully be limited or excluded under applicable law. This Section 16 does not limit your obligations under Section 17 (Indemnification) or your obligations regarding the WF Materials and intellectual property.

16.4 Basis of the bargain. The limitations in this Section 16 are a fundamental basis of the bargain between you and the Company and apply even if a limited remedy fails of its essential purpose.

17. Indemnification

17.1 Your indemnity. You will defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, contractors, and agents from and against any and all third-party claims, demands, suits, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your content and your Inputs; (b) your use of the Deliverables or the Service; (c) your accounts and your conduct on any platform, including any ban, dispute, or enforcement action; (d) your violation of any law, regulation, or platform terms; (e) your breach of these Terms, the AUP, or any representation or warranty you made; and (f) for an Agency, the acts and omissions of its End Clients and any claim by or relating to an End Client.

17.2 Company indemnity for IP claims. Subject to the limitation of liability in Section 16, the Company will defend you against a third-party claim alleging that the WF Materials, as delivered by the Company and used in accordance with these Terms, infringe a United States intellectual property right, and will pay damages finally awarded against you on that claim. If the WF Materials become, or in the Company's reasonable opinion are likely to become, the subject of such a claim, the Company may, at its option and expense: (a) procure for you the right to continue using the affected WF Materials; (b) modify or replace the affected WF Materials so that they become non-infringing while remaining substantially equivalent in function; or (c) if neither (a) nor (b) is commercially reasonable, terminate the affected portion of the Service or your subscription and refund the prepaid, unused fees allocable to the affected WF Materials or affected period. The remedies in this Section 17.2 are your sole and exclusive remedy, and the Company's entire liability, for any claim of intellectual-property infringement, and the Company's obligations under this Section 17.2 are subject to the liability cap in Section 16.2. The Company has no obligation under this Section 17.2 for any claim arising from your Inputs, your modification of a Deliverable, your combination of a Deliverable with anything not provided by the Company, your use of a Deliverable in violation of these Terms or any platform's terms, or your continued use after the Company has provided a non-infringing alternative.

17.3 Procedure. The party seeking indemnification will promptly notify the other of the claim, give the indemnifying party sole control of the defense and settlement (provided that no settlement imposing a non-monetary obligation or admission on the indemnified party is made without its consent), and provide reasonable cooperation. A failure to give prompt notice does not relieve the indemnifying party except to the extent it is prejudiced.

18. Agency and White-Label Terms

18.1 Reseller relationship. An Agency is an independent reseller of the Service. The Agency, and not the Company, contracts with and is responsible for its End Clients. The Company has no contractual relationship with, and owes no duties to, any End Client.

18.2 White-label sublicense. Subject to the Agency's compliance with these Terms and payment of all fees, the Company grants the Agency a limited, revocable, non-exclusive, non-transferable sublicense to white-label or rebrand the Deliverables and to deliver them to the Agency's own End Clients, solely for the End Clients' adult-creator marketing, and only for as long as the Agency is a paid subscriber, together with the right to retain and use the specific Durable Deliverables actually delivered after cancellation. This sublicense is limited to delivering the Service to the Agency's own End Clients. It does not permit the Agency to repackage, resell, redistribute, or sublicense the WF Materials as a product for sale to other agencies or to the public, or to use the WF Materials to build a competing service.

18.3 Flow-down obligations. The Agency must bind each End Client to written terms that are at least as protective of the Company as these Terms and the AUP, including the use restrictions in Section 12, the eligibility and age and consent requirements in Sections 3 and 7, the lawful-adult-content requirements in Section 8, and the AUP. The Agency is responsible for ensuring its End Clients comply with those terms.

18.4 Agency responsibility and indemnity. The Agency is responsible for its End Client relationships and for its End Clients' compliance, content, conduct, and use of the Deliverables. The Agency's indemnity in Section 17.1, including Section 17.1(f), extends to all claims arising from or relating to its End Clients.

18.5 Data roles. For Personal Data about its End Clients and Creators that the Agency provides to the Company, the Agency is the Controller and the Company is the Processor. That processing is governed by the DPA, which is incorporated into these Terms for Agencies. In case of conflict on data-processing matters, the DPA controls, consistent with Section 1.4.

18.6 White-label discretion. The Company works behind the Agency's brand. The Company will not contact the Agency's End Clients or Creators, will not identify itself to them, and will not publicly name the Agency as a customer, in each case without the Agency's prior written consent, except where disclosure is required by law. The Agency may present the Deliverables to its End Clients as its own work, as permitted by the Agency sublicense in Section 18.

19. Suspension and Termination

19.1 Termination by you. You may cancel your subscription as described in Section 9.7. Cancellation takes effect at the end of the then-current paid billing cycle, subject to the cancellation terms of Section 9.

19.2 Suspension or termination by the Company. The Company may suspend or terminate your access to the Service, in whole or in part, immediately and with or without notice, if: (a) you materially breach these Terms, the AUP (which controls on matters of permitted and prohibited use as provided in Section 1.4), or any other incorporated document; (b) you fail to pay amounts due and do not cure within the cure window in Section 9.14; (c) you use the Service unlawfully or for any prohibited purpose in Section 8 or the AUP; (d) the Company is required to do so by law, by a platform, by a payment processor, or by a bank; or (e) the Company reasonably believes suspension or termination is necessary to protect the Company, other customers, or any third party.

19.3 Effect of termination. On termination or cancellation, the effects in Section 11 apply: access to the delivery channel, the daily idea stream, alerts, list refreshes, and reviews stop immediately, and you keep the specific Durable Deliverables already delivered to you, subject to the license and restrictions in Section 12. Termination does not relieve you of amounts already due, and, except where required by law, you are not entitled to a refund of fees for the current or any prior period, as set out in Section 9.9 and our Payment & Refund Policy.

19.4 Survival. The following provisions, together with any other provision that by its nature should survive, survive termination or cancellation: Section 2 (Definitions); Section 5.2 and Section 5.3 (no account access and no credentials); Section 7 (as to obligations that by their nature survive); Section 8 (adult-content and platform legal posture); Section 9.2 (cryptocurrency irreversibility acknowledgments); Section 9.11, Section 9.12, and Section 9.13 (taxes, payment without deduction and set-off and interest, and chargebacks); Section 9.16 (no clawback, no exit fee, no non-compete); Section 11.3 (what you keep); Section 12 (intellectual property and license); Section 13 (confidentiality); Section 14 (warranties and disclaimer); Section 15 (no guarantee of results or earnings); Section 16 (limitation of liability); Section 17 (indemnification); Section 19.3 and Section 19.4 (effect of termination and survival); Section 20 (arbitration); Section 21 (governing law and venue); Section 22 (general); and the closing section on how to reach us.

20. Binding Individual Arbitration and Class-Action Waiver

20.1 Please read this section carefully. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO HAVE A JURY DECIDE YOUR CLAIMS. YOU AND WHALEFINDERS AGREE THAT, EXCEPT FOR THE LIMITED MATTERS DESCRIBED BELOW, ANY DISPUTE BETWEEN US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT.

20.2 Federal Arbitration Act. This section is governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

20.3 Covered disputes. "Dispute" means any claim, controversy, or dispute between you and WhaleFinders arising out of or relating to the Service, these Terms, any Deliverable, the Site, the Portal, billing, privacy, or our relationship, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of your subscription.

20.4 Informal resolution first (60 days). Before starting an arbitration, the complaining party must first send a written Notice of Dispute. If you are the complaining party, send it to admin@whalefinders.com. If WhaleFinders is the complaining party, we will send it to the contact details on your account. The Notice of Dispute must describe the dispute and the relief sought. You and WhaleFinders agree to try in good faith to resolve the dispute informally for sixty (60) days after the Notice of Dispute is received. Neither party may start an arbitration until this 60-day period ends. The limitations period in Section 20.11 is tolled while the parties pursue informal resolution.

20.5 Arbitration procedure and administrator. If the dispute is not resolved within 60 days, either party may begin arbitration. The arbitration will be administered by the AAA under its Commercial Arbitration Rules. The applicable AAA rules are available at adr.org. The arbitration will be conducted by a single arbitrator. The seat and, where an in-person hearing is required, the location of the arbitration is the State of Wyoming, and telephone or video hearings are available for smaller claims. If the AAA declines to administer the arbitration or is for any reason unavailable to administer it, then you and WhaleFinders will, by mutual written agreement, select a comparable, nationally recognized arbitration administrator to administer the arbitration under rules substantially similar to the applicable AAA rules; and if the parties cannot agree on a replacement administrator within thirty (30) days, then the Dispute will instead proceed in the courts identified in Section 21.2 (the state and federal courts located in the State of Wyoming), and the class-action waiver in Section 20.8, the jury-trial waiver in Section 20.10, and the other applicable provisions of this Section 20 continue to apply in that forum to the fullest extent permitted by law.

20.6 Arbitration fees. Payment of filing, administration, and arbitrator fees is governed by the applicable AAA rules and fee schedule (or the rules and fee schedule of any replacement administrator under Section 20.5). If the arbitrator finds that your claim is not frivolous, WhaleFinders will not seek to recover its arbitration fees from you, to the extent permitted by law.

20.7 Arbitrator authority. The arbitrator has exclusive authority to resolve any Dispute, including any question about the formation, scope, interpretation, applicability, or enforceability of this arbitration agreement, except that a court, not the arbitrator, decides Section 20.8 (the class-action waiver) and its severability. The arbitrator may award the same individual relief that a court could award and must follow these Terms.

20.8 Class-action and collective-action waiver. YOU AND WHALEFINDERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

20.9 Severability of the class-action waiver (blow-up provision). If a court or arbitrator decides that the class-action waiver in Section 20.8 is unenforceable as to a particular claim or request for relief, then only that claim or request for relief shall be severed from arbitration and may proceed in a court of competent jurisdiction, and all other claims and requests for relief shall remain in arbitration. The unenforceability of the class-action waiver as to one claim does not make the rest of this arbitration agreement unenforceable.

20.10 Jury-trial waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WHALEFINDERS EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

20.11 One-year limitations period. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, OR IT IS PERMANENTLY BARRED. This Section 20.11 does not apply, and does not shorten the limitations period, where applicable law prohibits shortening the limitations period, including any non-waivable consumer-protection or statutory claim for which the limitations period may not lawfully be shortened; in any such case the limitations period is the shortest period the law allows, and not less than the period the law guarantees for that claim.

20.12 Small-claims carve-out. Either party may instead bring an individual claim in a small-claims court if the claim qualifies and stays in that court and is brought only on an individual basis.

20.13 Injunctive and intellectual-property carve-out. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information, without first using the informal-resolution or arbitration process.

20.14 Thirty-day opt-out right. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT. To opt out, send written notice to admin@whalefinders.com within thirty (30) days after you first accept these Terms. Your notice must include your name, the email or handle on your account, and a clear statement that you want to opt out of arbitration. If you opt out, neither you nor WhaleFinders is bound by this arbitration agreement, the class-action waiver, or the jury-trial waiver, and disputes will be resolved in the courts identified in the governing-law and venue section. Opting out has no other effect on your use of the Service.

20.15 Survival. This arbitration agreement survives termination of your subscription and of these Terms.

21. Governing Law, Venue, and Electronic Transactions

21.1 Governing law. These Terms and any Dispute are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 20.

21.2 Venue. For any matter that is not subject to arbitration, where you have validly opted out of arbitration under Section 20.14, or where a Dispute proceeds in court under the fallback in Section 20.5, you and the Company agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Wyoming, and each party waives any objection to that jurisdiction or venue on grounds of inconvenient forum.

21.3 Electronic transactions, acceptance, and signatures. You agree to transact with the Company electronically. You agree that your electronic acceptance of these Terms, your electronic consent to the automatic-renewal terms, and any record or signature provided electronically have the same legal effect as a handwritten signature and a paper record, in accordance with the Wyoming Uniform Electronic Transactions Act, W.S. 40-21-101 et seq., and the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq. You may withdraw your consent to transact electronically only by ceasing to use the Service, which may end your ability to use the Service.

22. General

22.1 Changes to these Terms. The Company may update these Terms from time to time. The Company will post the updated Terms with a new "Last updated" date. For a material change, the Company will provide reasonable notice and, where appropriate, will require you to review and accept the updated Terms again before you continue to use the Service. Your continued use of the Service after a non-material change takes effect is your acceptance of the updated Terms. If you do not agree to an update, your remedy is to stop using the Service and cancel as described in Section 9.7.

22.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, it will be severed, and the remaining provisions will remain in full force and effect. The class-action waiver in Section 20.8 is the exception to this Section 22.2 and is governed instead by the blow-up provision in Section 20.9.

22.3 Entire agreement. These Terms, together with the documents incorporated by reference in Section 1.4, are the entire agreement between you and the Company about the Service and supersede all prior or contemporaneous understandings and agreements about the Service. The conflict-priority order in Section 1.4 applies: these Terms control over the incorporated documents, except that the DPA controls on data-processing matters for Agency customers and the AUP controls on matters of permitted and prohibited use.

22.4 No waiver. A party's failure to enforce a provision is not a waiver of its right to enforce that or any other provision later. Any waiver must be in writing to be effective.

22.5 Assignment. You may not assign or transfer these Terms or any of your rights or obligations without the Company's prior written consent, and any attempted assignment without that consent is void. The Company may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

22.6 Notices. The Company may give you notice by email to the address associated with your account, through the Portal, or by posting on the Site. You must give the Company notice by email to admin@whalefinders.com, and a Notice of Dispute under Section 20.4 and an opt-out under Section 20.14 must be sent to admin@whalefinders.com. Notice is effective when sent, if no failure of delivery is received.

22.7 Force majeure. The Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, epidemics or pandemics, failures of the internet or of telecommunications, failures or decisions of platforms, payment processors, or banks, blockchain or network failures, and cyberattacks.

22.8 Export, sanctions, and anti-money-laundering. You represent and warrant that you are not located in, and are not a national or resident of, any country or territory that is subject to comprehensive United States sanctions, and that you are not a person or entity on any United States government list of restricted or prohibited parties. You agree to comply with all applicable export-control, sanctions, and anti-money-laundering laws. This Section 22.8 applies to all payments for the Service, including cryptocurrency payments described in Section 9.2, and is consistent with the Company's status as a user and payee of convertible virtual currency for its own goods and services and not a money transmitter or money services business. The Company may suspend or terminate your access if your use would violate any of those laws.

22.9 Relationship of the parties. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, fiduciary, or employment relationship between them.

22.10 No third-party beneficiaries. These Terms do not create any rights in any third party, including any End Client or Subscriber, except for the Company indemnified parties named in Section 17.1.

22.11 Interpretation. Headings are for convenience only. These Terms will not be construed against the drafting party.

22.12 Survival. The provisions identified in Section 19.4, and any other provision that by its nature should survive, survive termination or cancellation of these Terms.

For the arbitration opt-out under Section 20.14, for a Notice of Dispute under Section 20.4, and for any other legal notice, contact us at admin@whalefinders.com.