The use of through our mobile applications may involve collection and use of your information. This Privacy Policy explains and informs you how your information is collected, used and disclosed by Whale.AI with respect to your access and use of our services through our mobile applications. It is important for you to understand this Privacy Policy and how you may protect your information, so please read this Privacy Policy carefully.
By using Whale.AI , you agree that we may access, collect, use and share your information in accordance with this Privacy Policy, as revised from time to time. In addition, your use of Whale.AI signifies that you agree with the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not use Whale.AI .
This Privacy Policy is incorporated into and forms part of the Whale.AI Terms of Service that you have agreed to in order to use Whale.AI . Any terms used in this Privacy Policy will have the same meaning as the equivalent defined terms in the Whale.AI Terms of Service unless otherwise defined in this Privacy Policy or the context requires otherwise. Unless otherwise specified in this Privacy Policy, these terms in the Whale.AI Terms of Service shall also be applicable in this Privacy Policy.
Any information that is collected is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise our Privacy Policy from time to time. If we make any change to this policy, which we deem to be material changes, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use our services after the changes become effective, with or without notification, you are agreeing to be bound by the revised policy.
Whale.AI may link you to social media or other features or services (including websites, plug-ins and widgets) provided by a third party. Please note that this Privacy Policy doesn’t apply to the information collected by any third-party websites, services or applications that can be accessed through our services, and does not apply to the information collected by other companies and organizations who advertise their services on Whale.AI . We bear no liability for any third party use of any information provided by you to them.
1) information provide to us when you open a Whale.AI account, including your account name, gender, date of birth, age, city or area, social media account information (profile photo, gender, etc.), and any tags you posted about yourself;
2) any information included in your Whale.AI profile which are visible to other users of Whale.AI , or information you make available to us via your use of Whale.AI , which may include your photos, gender, and city or area;
3) information about your and others’ usage of and interaction with the service and our application, including usage by geographies, device and connection information, IP address, device capability, bandwidth, statistics on page views, and network type;
4) information we collect as you use Whale.AI , which may include:
✓ technical information, such as your mobile carrier-related information, configuration information made available by other programs you use to access Whale.AI , your IP address, your location/country/region/time zone, your device's version and identification number, user settings, and the operating system; and
✓ information about the likes and dislikes you have made using Whale.AI .
To provide certain features, we must access your microphone, camera, or location, with your permission, as described below:
1) Microphone: We access the microphone on your device (with your permission) to record audio messages and deliver sound during video calls.
2) Camera: We access the camera on your device (with your permission) to take your profile pictures and deliver realtime images during video calls.
3) Location: We display your current location on your profile page (with your permission) to provide personalized and optimized experience for you and other users.
Based on the terms and conditions from Whale AI, here’s a detailed explanation of the copyright and usage rights for the music you create using their app:
1）Originality of Lyrics and Beats:
The lyrics and beats you generate using Whale AI are based on your inputs. For paid subscribers, the content created is unique to your session and you own the rights to it. However, for free users, Whale retains ownership of the content generated, though you can use it for non-commercial purposes .
2）Access to Created Songs:
Paid subscribers have full ownership of the songs they generate and can use them commercially. This includes publishing the songs on platforms like YouTube, Spotify, and Apple Music, and monetizing them .
Free users can only use the songs they generate for non-commercial purposes and are not allowed to upload them to commercial streaming services .
3）Publishing and Royalties:
As a paying subscriber, you can publish your songs on any platform and collect royalties from them. Whale does not claim any ownership or royalties from the content you create as a paid user .
If you are a free user, you cannot use the songs for commercial purposes, which includes not being able to monetize them on platforms like YouTube or upload them to commercial streaming services .
For more detailed information, you can refer to Whale’s Terms of Service and FAQs.
Feel free to ask if you have any more questions!
By using Whale.AI , you agree that all processing activities of sensitive personal information are for the purposes and in the manner as described in this Privacy Policy.
Please note that we do not use your sensitive personal information for the purpose of making direct marketing unless agreed by you.
The services of Whale.AI are not for anyone under the age of 【18】, and anyone under the specified minimum age may not create a Whale.AI account or use Whale.AI services. Hence, we do not knowingly collect personal information from any data subject under such age. If we learn that we have collected personal information of a data subject under 【18】, we will take steps to delete such information from our files as soon as possible.
We may use your Information for any of the following purposes:
1) to provide services to you (including both the services currently provided by us via Whale.AI and the services to be rendered by us via Whale.AI in the future);
2) to personalize and improve our services and your experiences when you use our services by, among other things, suggesting friends or profile information, or customising the content we show you, including ads;
3) to respond to inquiries, for the purposes of customer service, security, archival and backup purposes in connection with providing services of Whale.AI ;
4) to monitor and analyse usage and trends of our services;
5) to enhance the safety and security of our products and services;
6) to verify your identity and prevent fraud or other unauthorised or illegal activity;
7) to enforce our Terms of Use and other usage policies.
Whale.AI allows you to share text messages, photos, screenshots, videos and other communications in the Whale.AI application with other users, and if you choose to do so your text messages, photos, screenshots, videos and other communications will be stored on our servers. In addition, if you choose to share these items with other Whale.AI users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications in the Whale.AI application is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). Whale.AI is not responsible for any use or misuse of information you share.
We operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your personal information is used and stored may not be in your jurisdiction.
You consent to the transfer of your personal information (both inside and outside of your jurisdiction) for the purposes described in this Privacy Policy.
Your information is shared with others in the following ways:
Sharing on our products
1) Public information in your profile can be seen by anyone. Please do not post or add personal data to your profile that you would not want to be publicly available.
2) Your active status or usage information is collected and displayed to other users (e.g. whether you are currently active on Whale.AI ).
Sharing with third-party partners
By using Whale.AI , you agree to the third party use, sharing, and transfer of your personal information (both inside and outside of your jurisdiction) as prescribed in this Privacy Policy.
1) Measurement partners.
We may share information about you in anonymous and/or aggregated form with third parties for usage analytics (to help us better understand who is using our services and how), and for industry analysis, research, and other similar purposes.
2) Partners offering services in Whale.AI
Your information may be accessed and used by our service providers who are working with us in connection with the operation of our services. These service providers may have access to your information but only to the extent necessary to perform services on our behalf and are obligated not to disclose that information or use it for any other purposes. These providers will collect the information sent by your mobile phone, tablet or desktop computer, and their use of that information is governed by their applicable privacy policy.
3) Law enforcement
We may share information about you if we are (or if we believe we are) required by law or legal process (such as a subpoena, warrant or court order), if we have to respond to a lawful request from legal authorities to disclose such information, or if we need to enforce or apply this Privacy Policy, our Terms of Service or our other policies.
4) New owner
If we are acquired by a third party or may re-organise our group structure, your information may be transferred within our group and/or to a third party who will continue to operate Whale.AI or similar services under either this Privacy Policy or a different privacy policy which will be notified to you. The party to which your personal information is transferred may be located, and use your Information, outside of your jurisdiction.
Other than as permitted under this Privacy Policy or as otherwise consented to by you or as required by law or legal process, we will not transfer your personal information to any other third parties for their processing for any purposes.
We employ administrative, physical and electronic measures designed to protect your information from unauthorized access, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that your personal information is compromised as a result of a breach of security, we will promptly notify you if your personal information has been compromised, as required by applicable law.
Where we do share your personal information with any third parties, we will use reasonable efforts to ensure that such third parties only use your personal information: (i) in compliance with this Privacy Policy; and (ii) subject to any other instructions we give them, including any appropriate confidentiality and security measures that we implement.
You can access and modify the information you provided to us through your account.
If you believe your information posted on Whale.AI is not authentic or accurate and can provide us with reasonable proof regarding this, you can require us via the contact information provided in this Privacy Policy to correct these unauthentic or inaccurate information and we will use reasonable efforts to honour your request; however, we may retain an archived copy of your information as required by law and/or for record keeping purposes.
Once your account is closed or deleted, you will no longer have access to your message history, preferences or any other information associated with your use of our services. Even after you remove information from your account or profile, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. Additionally, we will retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or enforce the Terms of Service. We will retain de-personalized information after your account has been closed.
In some cases, we may not be able to update, amend or remove your personal information, in which case we will let you know why we are unable to do so, for example, certain requests may require disproportionate technical effort or extremely impractical, or are prohibited by law.
Since Whale.AI will be used in multiple jurisdictions and we may not be possible to identify all the inconsistency between certain terms of this Privacy Policy and the applicable law in your jurisdiction, thus you agree to notify us once such inconsistency is identified by you. Under this circumstance we will take necessary methods to eliminate such inconsistency, including deleting these personal information improperly collected or used by us.
We may offer various friends making Services that you can purchase and use through the Services. You don't own these Services; instead you buy enough app gems to use them. You'll always be shown the price for Services before you complete a purchase. But Whale.AI does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.
Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT Whale.AI IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
If your Whale.AI account remains inactive for 3 consecutive months, all of your free virtual Coins may be frozen. To unfreeze any such virtual Coins, you must email us and request that we unfreeze your free virtual Coins. Upon receipt of your request and review of your information, we will unfreeze your free virtual Coins as soon as possible. You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate Coins as we see fit in our sole discretion, and that we will have no liability for exercising such right.
It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.
Whale.AI does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.
Whale.AI offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by Whale.AI. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account (e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within the Whale.AI app or log in to your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Whale.AI application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on Whale.AI or deleting the Whale.AI application from your device does not cancel your subscription; Whale.AI will retain all funds charged to your application platform until you cancel your subscription.
Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Whale.AI. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
If you have any questions about our Privacy Policy or any privacy-related matters, please contact us via email at 【fancingangu@outlook.com】.