Terms of Use for WhaleBiz AI Agent Services

Last Updated: October 24, 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 message quota) is determined by the purchased plan, as shown on the pricing page (whale.co.il/pricing) and the payment page.

In addition, and as ordered by the Customer, the Company provides marketing services on the platform: AI-assisted content preparation (posts, images, videos and articles), scheduling and publishing it on the Customer's social media accounts, business profile and website, running paid campaigns, building and hosting websites and landing pages, and performance reports ("the Marketing Services"). The scope of the Marketing Services is set by the purchased plan, as shown on the pricing page (whale.co.il/pricing) and the payment page, or by a quote for an Enterprise project. Sections 11.3 and 11A below also apply to the Marketing Services.

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 and other features marked as beta are provided on request, with no commitment as to availability or results, and on terms agreed in advance.
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 charges per message according to the rates and rules it publishes from time to time, including, from 1 October 2026, replies inside the 24-hour customer service window (subject to any free allowance Meta sets).

3. Payment

Setup fee: joining the service involves a one-time setup fee, determined by the purchased plan and the setup scope (channels, knowledge base, calendars, integrations, etc.), as shown on the pricing page (whale.co.il/pricing) and the payment page. The exact amount is confirmed with the Customer before payment. The setup fee is paid in a single payment 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. The first subscription charge takes place on the day the agent goes live.
Marketing and content plans are billed according to the plan published on the pricing page (whale.co.il/pricing) at the time of order, or according to a quote for an Enterprise project. The subscription to a marketing plan starts on the day the first post goes live (for AI agents, on the agent's go-live day, as above).
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 the time published for the chosen plan on the pricing page at the time of order: up to 5 business days on Start, up to 14 business days on Standard and up to 21 business days on Business. Setting up a marketing and content plan takes the time published for it on the pricing page at the time of order: up to 5 business days on Basic, up to 10 business days on Presence and up to 14 business days on Growth. For a custom development (Enterprise) project, the timeline, scope and price are set individually in that project's requirements document and quote. In every case the count starts from the date we receive all the required materials, access and approvals from the Customer (not from the payment date). The Customer undertakes to provide the required materials; a delay in providing them postpones the timeline accordingly.
The setup fee 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).
A price change applies from the billing cycle that follows the end of the notice period, and not to any period already paid in advance.
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.
A change to the Terms that is not material, or that is required by law, takes effect upon publication.

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.
The Company retains all rights in its prompts, templates, workflows, configurations and general know-how, including improvements developed in the course of providing the service to the Customer, and may use them in services to other customers, provided that they do not include the Customer's data or confidential information.
The Company may use feedback and suggestions provided by the Customer, without consideration. Feedback does not include the Customer's data.
Aggregated and de-identified data produced under Section 5.4 of the Privacy Policy is not the Customer's data and is owned by the Company.

8. Liability and Limitations

The service relies on third-party platforms and services (including Meta, social networks and advertising platforms, content publishing services, infrastructure providers, language model providers, and payment clearing systems). The Company is not responsible for malfunctions, downtimes, or changes originating in a third-party service that is beyond its reasonable control, provided that it has taken reasonable measures to mitigate the impact.
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, including loss of profit, loss of leads, or damage to reputation.
In any case and subject to any applicable law, the Company's total aggregate liability to the Customer for any cause of action whatsoever (whether in contract, tort, or otherwise) in connection with the services or these Terms shall be limited to the total amount actually paid by the Customer to the Company for the service during the six (6) months preceding the date of the event giving rise to the damage.
The limitations in this section do not apply to damage caused by wilful misconduct or gross negligence.
The Company is not liable for any delay or failure to perform caused by force majeure, including war, hostilities, a general outage of infrastructure providers, or orders of a competent authority.

8A. Acceptable Use and Suspension

The service is intended for businesses only and is not intended for consumers.
The Customer shall not use the service to send commercial messages without consent, to distribute content prohibited by law, or in a manner that violates the policies of Meta, of other channel providers, or of the networks and advertising platforms on which content is published.
The Company may suspend the service, after notice to the extent possible in the circumstances, in the event of a payment delay exceeding 14 days; use in breach of the law, these Terms or Meta's policies; a risk to the security of the system or to other users; or at the demand of a competent authority. The service will be restored once the reason for the suspension has been removed.

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 Customer's privacy policy - not to the Company's Privacy Policy. The end user is not a party to this agreement, and these Terms of Use do not apply to them.
The Customer is responsible for publishing, in its own privacy policy, a section covering the WhatsApp channel and AI processing, including naming Whale Biz Ltd (WhaleBiz) as its data processor with a link. A ready-to-paste text is available on the WhatsApp channel and AI agent notice page; that text is a suggested wording and not legal advice, and responsibility for the content of the Customer's privacy policy and its compliance with law remains with the Customer.
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 ensure that end users know they are corresponding with an AI agent, and shall approve the wording of the agent's opening message before go-live.
If information of special sensitivity, including medical information, is to be processed in the Customer's database, the Customer shall notify the Company before go-live and shall define together with the Company which questions the agent hands over to an authorized staff member on the Customer's behalf (see Section 18.2 of the Privacy Policy).
The Customer shall indemnify the Company, its managers, employees, and partners, subject to written notice to the Customer within a reasonable time and to the Customer being given an opportunity to defend, for any damage, loss, expense (including attorney's fees and legal costs), claim, demand, administrative fine, or legal proceeding (including class actions) incurred by or brought against the Company as a result of 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 the messages Meta charges for, according to Meta's rates, and for maintaining compliance and obtaining proper Opt-in from their end-users in accordance with Meta's policies.

11.3 Connecting Social Media, Advertising and Website Accounts

For the Marketing Services, the Customer connects its social media accounts, advertising accounts, business profile and website to the platform through each platform's official authorization mechanism. The connection is made directly or through a third-party publishing service engaged by the Company, which holds the access authorization for the purpose of publishing. We do not ask for account passwords. A website that we do not host may require a dedicated application password, which the Customer may revoke at any time.
By connecting an account, the Customer authorizes the Company to act in the account on its behalf and only within the scope of the services it ordered: to publish and schedule content, to run the campaigns it ordered, and to read performance data of the accounts, posts and ads. The Company will not use the authorization for any other purpose.
The Customer remains the owner of its accounts and accepts the terms and policies of each platform, including its advertising policies. The Company is not responsible for decisions of a platform, such as rejecting an ad, limiting reach, blocking an account or changing its interface.
The Customer may disconnect any account at any time, in the interface or in the platform's settings. On disconnection, or at the end of the engagement, we will revoke the access authorizations we hold and instruct the publishing service to revoke those it holds. Content already published remains in the Customer's accounts and is the Customer's responsibility.
The advertising budget is not included in the price of the service and is paid by the Customer directly to the advertising platform, unless otherwise agreed in writing.

11A. Marketing Content and Websites

Preparing content: Content is prepared by the platform with the help of AI, based on the materials, instructions and brand profile provided by the Customer; setup and support are performed by the Company. AI-assisted content may contain inaccuracies, so the Customer reviews it before approving it.
Approval and publishing: In the settings, the Customer chooses one of two modes: (a) explicit approval - no content is published without the Customer's approval; (b) publish unless rejected - the content is shown to the Customer in advance and is published on schedule unless the Customer switched it off by the set deadline. Content the Customer approved, or did not switch off by the deadline, is deemed approved by the Customer, and responsibility for its substance rests with the Customer. The Company is responsible for publishing the content as approved, in the account and at the time set.
Customer materials: The Customer represents that it holds all rights in the materials it provided (images, videos, music, trademarks, quotes and testimonials), and that it has obtained consent to publication on social media and on the website from every person who appears in them.
Patients and medical information: Photos or videos of patients, including "before and after" images and testimonials, will be provided to the Company only if the patient has given written consent to public publication, separate from consent to treatment or to receiving messages. A minor may appear in content only with the written consent of a parent or guardian. The Company may refuse to publish material without such consent. If a person withdraws consent, the Customer will notify the Company, and the Company will stop using the material in new content and will remove posts already published on the Customer's instruction, to the extent the platform allows. In regulated fields, such as medicine, aesthetics, finance and law, the Customer is responsible for the content complying with the laws and ethics rules that apply to advertising in its profession, and for the content not promising a result.
Labelling AI content: Where a law or a platform's policy requires content created or altered with AI to be labelled, we will label it accordingly, and the Customer will not ask for the label to be removed. We do not use AI to generate "before and after" images or treatment results, and we do not generate the likeness or voice of an identifiable person without that person's written consent.
Rights in content: Once the fee has been paid, the Customer may use the content prepared for it without time limit, including after the engagement ends. The templates, designs, production and rendering code, prompts and tools used to prepare the content remain the Company's property (Section 7) and are not handed over to the Customer. The Company does not warrant that AI-assisted content is protected by copyright.
Results: The Company does not guarantee any level of reach, engagement, number of enquiries or sales.
Websites and landing pages hosted by the Company: The Customer is the owner of the website and the owner of the database of enquiries that come through it, and will publish its own privacy policy on the website. The Company hosts the website and forwards enquiries to the Customer's CRM account, as a data processor on its behalf. The website measures visits and clicks without cookies and without storing IP addresses; the source of the visit is kept only in the browser tab, until it is closed. Additional analytics and advertising tools are turned on only at the Customer's request and subject to visitors' consent. At the end of the engagement the Customer receives the website content (texts and images) and the enquiries received; the platform code is not handed over.

12. General

Order confirmation and the first payment constitute full agreement to the service description and these Terms.
Upon termination of the engagement, data export and deletion are carried out in accordance with Section 9 of the Privacy Policy.
In the event of any conflict, the following order of precedence applies: (1) a signed agreement between the parties, if any; (2) the Data Processing Addendum (Section 24 of the Privacy Policy); (3) the Privacy Policy; (4) these Terms; (5) marketing materials. The Hebrew version prevails over any translation.
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.