Terms of Use | WhaleBiz

Last Updated: June 2026

WhaleBiz is the trade name of Whale Biz Ltd. (Company No. 517351466) ("WhaleBiz", "the Company", "we", "us"). These Terms of Use ("the Terms") apply to the purchase and use of the Company's services by the customer ("the Customer", "you").

Order confirmation and the first payment constitute full agreement to these Terms and the Company's Privacy Policy (whale.co.il/privacy-policy). No separate signature is required.

1. The Service

The Company provides artificial intelligence (AI) agents for businesses operating on digital channels (such as WhatsApp, Website, Telegram, Messenger, Instagram), along with access to the WhaleBiz CRM system to manage agents, conversations, and leads. The scope of service (number of channels, skills, and conversation quota) is determined by the purchased plan, as shown on the pricing page (whale.co.il/pricing) and the payment page.

2. Plans, Quotas and Excess

"AI Message" = any message generated and sent by the agent (AI response). Incoming messages from the customer are not counted.
The monthly AI message quota and the overage rate are determined by the purchased plan, as shown on the pricing page (whale.co.il/pricing) and the payment page. Overage beyond the quota will be charged according to the per-message rate specified in the plan.
Voice services (if purchased) are priced separately, per conversation minute.
Language model cost (LLM / tokens) is included in the plan price.
Meta (WhatsApp) message costs are not included and are paid directly to Meta. Meta does not charge for incoming messages initiated by the customer, but only for outbound messages initiated by the business.

3. Payment

There are no separate setup fees. The first payment — the first month's fee under the purchased plan — is paid upon joining, and is non-refundable, as it covers the agent's setup and customization work.
Monthly subscription fees are collected in advance, each month, via recurring charge (standing order) on the provided payment method, starting from the second month onwards.
All prices do not include VAT.
A tax invoice/receipt will be generated for each charge and sent to the Customer.

4. Recurring Monthly Billing (Standing Order)

Upon joining, the Customer approves a recurring monthly billing of subscription fees on the provided payment method until the subscription is terminated.
The fixed monthly subscription fee amount is explicitly displayed on the payment page and approved by the Customer at the time of purchase.
The Customer may terminate the recurring billing in accordance with Section 5.

5. Onboarding and Cancellation

Agent onboarding and customization take up to 14 business days from the date of the first payment.
The first payment is non-refundable (see Section 3), as it covers the onboarding work.
There is no commitment for a fixed period. The Customer may cancel the subscription at any time; the cancellation will take effect at the end of the paid month, and no further charges will be made thereafter. The current month's fee is non-refundable.

6. Pricing Changes and Transition to Usage-Based Billing (Credits)

The Company reserves the right to update the pricing structure, prices, quotas, and plans from time to time, as well as to transition to a usage-based billing model (credits / pay-as-you-go billing), all upon 30 days prior notice to the Customer (via email or the regular communication channel).
Continued use of the service after the change takes effect constitutes agreement to the updated terms. A Customer who does not agree may cancel the subscription before the change takes effect, without penalty.

7. Intellectual Property

The Customer's information, leads, customer details, and knowledge base belong exclusively to the Customer.
The source code, logic, systems, and technology of the agent and the platform remain the exclusive property of the Company. The Customer receives a non-exclusive, non-transferable license to use them, as long as the subscription is active.

8. Liability and Limitations

The service relies on third-party platforms and services (including Meta, AWS, AI providers, and clearing systems). The Company is not responsible for malfunctions, downtimes, or changes originating from third parties.
AI outputs are probabilistic in nature; the Company makes reasonable efforts to minimize inaccuracies but does not guarantee full accuracy, and the outputs should not be considered professional advice (legal, medical, financial, or other).
The Company guarantees a system availability of at least 99% on a monthly basis, except for downtimes/failures originating from third parties or scheduled maintenance work.
The Company will not be liable for any indirect, consequential, or business damage resulting from the use of the service.
In any case and subject to any applicable law, the Company's maximum total liability to the Customer for any claim under or related to these Terms (whether in contract, tort, or otherwise) shall be strictly capped to the fees actually paid by the Customer to the Company during the three (3) months preceding the event of liability.

9. Support

Technical support is included in the price, between 10:00 and 17:00 on business days.

10. Privacy and Indemnification

The agent's greeting message includes a disclosure regarding the use of AI and a link to the Privacy Policy.
Data processing is subject to the Company's Privacy Policy (whale.co.il/privacy-policy). With respect to the Customer's end-users, the Customer is the "Database Owner" and the Company acts as a "Data Processor" on its behalf; the Customer is responsible for obtaining consents and providing notifications required by law to its end-users, including explicit consent for sending messages under Section 30A of the Communications Law.
The Customer shall fully indemnify, defend, and hold harmless the Company, its directors, officers, employees, and affiliates from and against any and all damages, losses, liabilities, expenses (including reasonable attorney's fees), claims, demands, administrative fines, or legal actions (including class actions) arising out of or related to the Customer's breach of its obligation to obtain law-compliant consents from its end-users, or due to sending messages in violation of Section 30A of the Communications Law (Spam Law).

11. Integrations and Account Connections

11.1 Google Calendar Integration (Two-Way Sync)

The service allows the Customer to connect their Google Calendar account to enable two-way synchronization: reading available timeslots and writing new appointments managed by our AI agents.
Data Usage: Access to your Google Calendar data is performed solely to provide the service (checking availability, booking appointments, and updating existing calendar events). We do not use this data for any other purpose.
Limited Use Policy: The use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements. We do not sell your Google Calendar data, use it for advertising or ad-targeting, or share it with third parties except as necessary to provide the service.
Security & Retention: Calendar data is protected using strict security measures, including encryption in transit (HTTPS/TLS) and at rest. The Customer may disconnect the calendar integration at any time and request data deletion by contacting support.

11.2 WhatsApp Business Account Connection (Embedded Signup)

The Customer may connect their WhatsApp Business Account (WABA) to the WhaleBiz platform using Meta's Embedded Signup process.
By connecting the account, the Customer grants the Company authorization to manage their WhatsApp Business Account on their behalf, including reading and writing message templates, managing phone number IDs, and processing and transmitting inbound and outbound messages using Meta's official API.
The Customer declares and confirms that by connecting the account, they agree to and accept all terms of service and policies of Meta and WhatsApp Business, including: WhatsApp Business Terms of Service, Meta Business Tool Terms, and the WhatsApp Business Messaging Policy.
The Customer is solely responsible for paying Meta directly for outbound/inbound messages according to Meta's rates, and for maintaining compliance and obtaining proper Opt-in from their end-users in accordance with Meta's policies.

12. General

Order confirmation and the first payment constitute full agreement to the service description and these Terms.
These Terms shall be governed by the laws of the State of Israel, and the exclusive jurisdiction is granted to the competent courts in Tel Aviv.