WhaleTu Terms of Service

Article 1 Acceptance of Terms

1.1 Welcome to WhaleTu. This Terms of Service constitutes a legally binding electronic contract between you and WhaleTu regarding your use of the platform.

1.2 By accessing, browsing, registering, logging in, or otherwise using our services, you represent that you have read, understood, and agree to be bound by all terms of this Agreement. If you do not agree to any provision, please stop accessing or using our services immediately.

1.3 This Agreement is executed in electronic form and has the same legal effect as a written contract under applicable e-commerce laws.

1.4 Our services are primarily intended for users aged 18 or older. If you are under 18, please read this Agreement with a parent or guardian and only use our services with their explicit consent. The legal guardian assumes full responsibility for any acts of minors using the platform. In compliance with the U.S. Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under 13.

1.5 This Agreement includes the main text and any rules, statements, or policies published or to be published by the platform, including but not limited to the Privacy Policy, Disclaimer, Community Guidelines, Membership Service Agreement, Points Rules, and Commission Rules. All such content forms an integral part of this Agreement upon publication.

Article 2 Definitions

2.1 Platform / WhaleTu: Refers to the website and related services operated by the WhaleTu team under the domain whaletu.com.

2.2 User / You: Refers to any natural person, legal entity, or organization that completes the registration process or uses the platform services.

2.3 Services: Refers to online services provided to users, including travel guides, destination information, community interaction, content publishing, Q&A, resource navigation, membership services, points services, commission services, and more.

2.4 User Content: Refers to any text, images, videos, links, comments, private messages, or other information published, uploaded, or transmitted by users through the platform.

2.5 Membership: Refers to users who purchase membership services and enjoy corresponding membership benefits.

2.6 Points: Refers to virtual credits issued by the platform that can be used in designated scenarios within the platform, but cannot be exchanged for fiat currency or resold.

2.7 Account Balance: Refers to funds deposited into the user’s account through top-up, available only for consumption within the platform.

2.8 Commission: Refers to earnings obtained by users through platform promotions, referrals, rewards, and other activities.

2.9 UGC: Refers to User Generated Content.

Article 3 Account Registration and Management

3.1 Users must register an account to access certain services. During registration, users shall provide true, accurate, complete, and legally valid personal information, and promptly update such information when changes occur.

3.2 Users shall register using their own true, valid, and non-infringing information. The use of false identities, others’ information, or automated programs for bulk registration is prohibited.

3.3 Users are responsible for safeguarding their account, password, API keys, and login credentials, and shall bear legal responsibility for all activities conducted under their account. The platform assumes no liability for losses caused by the user’s failure to properly safeguard account information.

3.4 Users may not transfer, lend, rent, sell, gift, or otherwise authorize third parties to use their account. Users shall immediately notify the platform if any account anomaly is detected.

3.5 The platform reserves the right to take measures including warnings, function restrictions, suspension, or permanent banning of accounts that violate laws, regulations, or this Agreement, without prior notice.

3.6 Users shall update registration information promptly when changes occur. The platform assumes no liability for failed notifications or lost benefits resulting from inaccurate information.

Article 4 User Conduct Rules

4.1 Users shall comply with the laws, regulations, social ethics, and public order of their respective jurisdictions when using the platform, and may not use the platform for any illegal, non-compliant, or infringing activities.

4.2 Users may not publish, disseminate, or otherwise use information containing any of the following:

1. Content violating fundamental constitutional or local legal principles;
2. Content endangering national security, leaking state secrets, subverting state power, or undermining national unity;
3. Content inciting ethnic hatred, discrimination, or undermining ethnic unity;
4. Content promoting terrorism, extremism, violence, hatred, or discrimination;
5. Rumors, false information, obscenity, pornography, gambling, violence, murder, or terror-related content;
6. Content insulting or defaming others, infringing upon others’ reputation, portrait rights, privacy rights, intellectual property rights, or other legitimate rights;
7. Content involving fraud, inducement, pyramid schemes, illegal fundraising, money laundering, or phishing;
8. Unauthorized advertising, commercial promotion, spam, or traffic hijacking;
9. Malware, viruses, Trojans, phishing links, or other content that may endanger network security;
10. Content infringing upon the legitimate rights of minors or inducing minors to engage in inappropriate conduct;
11. Other content violating laws, regulations, this Agreement, or platform rules.

4.3 Users may not engage in the following conduct:

1. Using automated programs, software, scripts, crawlers, robots, or other technical means to access, scrape, copy, or distribute platform data without authorization;
2. Interfering with, damaging, or attacking platform servers, network systems, or normal operation order;
3. Bypassing, cracking, or attempting to bypass platform security measures, access controls, rate limits, or technical protection measures;
4. Impersonating others, forging identities, or falsely representing any individual, organization, institution, or platform staff;
5. Collecting, using, or disclosing others’ personal information without consent;
6. Using the platform to organize or participate in offline illegal activities or dangerous conduct;
7. Malicious registration, bulk registration, account farming, artificial inflation, data manipulation, or disruption of platform fairness;
8. Other conduct that may harm the platform, other users, or third-party legitimate rights.

4.4 In case of violation of this Article, the platform has the independent right to judge and take measures including content deletion, function restriction, account banning, and cooperation with law enforcement. Users shall independently bear all legal responsibilities arising therefrom, including but not limited to compensation for losses, elimination of impact, and payment of reasonable rights protection costs.

Article 5 User Content and Intellectual Property

5.1 Before publishing content on the platform, users shall ensure they have legal rights to such content or have obtained necessary authorization, and that the content does not infringe any third-party legitimate rights, including but not limited to copyright, trademark rights, patent rights, portrait rights, privacy rights, and reputation rights.

5.2 By publishing content, users grant the platform a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use such content for the purposes of operating, maintaining, promoting, displaying, distributing, archiving, and improving the platform services. This license may continue to survive to a reasonable and necessary extent after the user deletes relevant content or deletes the account, but the platform is under no obligation to permanently preserve user content.

5.3 Users understand and agree that the platform has the right but not the obligation to review, edit, move, delete, or otherwise manage user-published content. The platform assumes no liability for deletion, failure to display, or failure to store user content.

5.4 User-published content represents only the views and positions of the publisher, not those of the platform. Users shall independently bear responsibility for the legality, authenticity, and accuracy of their published content.

5.5 If a third party believes that user-published content infringes its legitimate rights, it may submit a notice through the platform’s infringement complaint channel. Upon receiving a valid notice, the platform will promptly handle the matter in accordance with the Digital Millennium Copyright Act (DMCA) and international common rules.

5.6 The intellectual property rights of the platform itself, including but not limited to website design, layout, code, logos, trademarks, text, images, software, databases, and domain names, belong to the platform or relevant rights holders. Without authorization, users may not copy, modify, reverse engineer, distribute, or use them for commercial purposes.

5.7 Users may not use the platform’s trademarks, logos, domain names, or any confusingly similar marks without authorization.

Article 6 Membership Services

6.1 Membership Tiers and Benefits: The platform provides membership services of different tiers. Specific tiers, prices, and benefits are subject to the Membership Service Description published on the platform. Membership benefits may include higher commission ratios, exclusive badges, priority customer service, and additional features.

6.2 Membership Purchase: Users may purchase membership services through payment methods supported by the platform. Membership benefits will take effect within the agreed time after successful payment.

6.3 Membership Validity: Membership services take effect according to the cycle selected at the time of purchase, usually one year or other period as published by the platform. After membership expires, if not renewed, membership benefits automatically terminate and the account reverts to ordinary user status.

6.4 Auto-Renewal: If membership services support auto-renewal, the platform will remind users via email or in-site notification before membership expiration. Users may turn off auto-renewal at any time in account settings. After turning off, no further charges will be made after the current membership cycle ends.

6.5 Benefit Changes: The platform reserves the right to adjust membership benefits, prices, or service content according to operational needs, with changes taking effect after publication on the platform. Already purchased membership services are not subject to price adjustments, refunds, or additional charges during the validity period.

6.6 Membership Refund: Except as otherwise provided by law or where the platform is at fault, membership services are non-refundable once purchased. If the user’s jurisdiction grants consumers a cooling-off right, the user may apply for a refund within the cooling-off period in accordance with applicable law.

6.7 Membership Termination: If a user violates this Agreement or relevant laws and regulations during the membership period, the platform has the right to suspend or terminate membership benefits without refund of fees paid.

6.8 Membership services are limited to the purchasing account holder and may not be transferred, shared, or sublet.

Article 7 Points Services

7.1 Nature of Points: Points are virtual credits on the platform that can be used for designated redemptions, deductions, or participation in activities within the platform. Points do not have fiat currency attributes and cannot be exchanged for cash, transferred, or resold.

7.2 Points Acquisition: Users may obtain points through platform tasks, activity rewards, membership gifts, purchases, and other means. Specific acquisition rules are subject to platform publication.

7.3 Points Purchase: Users may purchase points through payment methods supported by the platform. After successful purchase, points will be credited to the user account. Except as otherwise provided by law or where the platform is at fault, points purchases are non-refundable.

7.4 Points Use: Users may use points in scenarios supported by the platform, subject to published usage rules and restrictions.

7.5 Points Validity: Points may have validity period limitations, subject to the rules stated at the time of acquisition. Expired and unused points will automatically become invalid without compensation.

7.6 Points Freeze and Deduction: If a user violates rules, engages in abnormal transactions, or in other circumstances deemed necessary by the platform, the platform has the right to freeze, deduct, or zero out user points.

7.7 Points and Cash: Points cannot replace cash payment or be reverse-exchanged for fiat currency. The platform makes no promises regarding the market value or liquidity of points.

7.8 Upon account deletion, unused points in the account will be automatically cleared without refund or compensation.

Article 8 Platform Rights and Obligations

8.1 The platform has the right to formulate and modify platform rules according to operational needs, which take effect after publication on the platform. Continued use of platform services by users constitutes acceptance of modified rules.

8.2 The platform has the right to review and manage user-published content, and to take measures including deletion, blocking, removal, restriction of distribution, and restriction of search for违规 content.

8.3 The platform has the right to adjust, suspend, or terminate part or all of the services due to technical, security, or compliance factors, and will notify users within a reasonable scope in advance.

8.4 The platform shall adopt reasonable technical and management measures to protect user data security and prevent data leakage, tampering, or loss. In the event of a data security incident, affected users and regulatory authorities will be notified in accordance with applicable law.

8.5 The platform shall establish user feedback and complaint handling mechanisms and respond to reasonable user requests in a timely manner.

8.6 The platform assumes no responsibility for private transactions, offline meetings, or personal disputes between users.

8.7 The platform reserves the right to delete content that violates this Agreement or is deemed unsuitable for display at any time without prior notice.

Article 9 Privacy and Data Protection

9.1 The platform attaches great importance to user privacy protection. For specific data collection, use, storage, transmission, deletion, and protection measures, please refer to the Privacy Policy.

9.2 Users agree that the platform processes their personal information in accordance with the Privacy Policy, and agree that data may be transmitted and stored in the United States and other jurisdictions necessary for providing services.

9.3 Users enjoy the following data privacy rights:

1. Right to Know and Access: Inquire about personal data collected and processed by the platform;
2. Right to Rectification: Request correction of inaccurate personal data;
3. Right to Erasure (Right to be Forgotten): Request deletion of personal data when statutory conditions are met;
4. Right to Restrict Processing: Request restriction of processing of personal data in statutory circumstances;
5. Right to Data Portability: Obtain personal data in a structured, commonly used, and machine-readable format;
6. Right to Object: Object to processing based on legitimate interests or direct marketing;
7. Right to Withdraw Consent: Withdraw previously given consent at any time;
8. Right to Complain: File a complaint with the data protection authority of the user’s country or region.

9.4 Exercise of Rights: Users may submit requests through the platform’s official email legal@whaletu.com. We will respond within the time limits prescribed by applicable law.

Article 10 Disclaimer and Limitation of Liability

10.1 The platform provides services on an “as is” and “as available” basis, and does not guarantee that services will be uninterrupted, timely, secure, or error-free.

10.2 The platform makes no express or implied warranties regarding the authenticity, accuracy, completeness, legality, or timeliness of user-published content.

10.3 Users bear all risks and consequences arising from travel decisions, consumption behaviors, itinerary arrangements, and offline activities made independently based on platform content.

10.4 The platform assumes no responsibility for third-party links, advertisements, services, or content. After navigating to third-party platforms, users shall comply with third-party rules.

10.5 To the maximum extent permitted by law, the platform assumes no liability for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, data loss, goodwill damage, or business interruption.

10.6 The platform’s total liability to any user (if any) shall be limited to the amount actually paid by the user to the platform or the revenue actually obtained by the platform from that user. When the platform provides free community services, it assumes no compensation obligation.

10.7 The platform assumes no liability for service interruptions, data loss, or other losses caused by force majeure, third-party actions, network service provider reasons, user reasons, or other factors beyond the platform’s control.

Article 11 Fees, Payment, and Refunds

11.1 Basic platform services are provided free of charge. Paid services (including but not limited to membership services, points purchases, value-added services) are subject to the fee standards and rules published on the platform.

11.2 When purchasing paid services, users shall complete payment according to the published prices and payment methods. Users shall ensure they use legally owned payment methods.

11.3 Except as otherwise provided by law or where the platform is at fault, paid services are non-refundable once purchased.

11.4 If the user’s jurisdiction grants consumers a right of withdrawal, cooling-off period, or other refund rights, the user may apply for a refund within the statutory period in accordance with applicable law. The platform will process the refund after verification.

11.5 Duplicate payments or erroneous payments caused by user reasons (such as operational errors, wrong account, payment method issues) should be reported to platform customer service within a reasonable time.

11.6 The platform reserves the right to adjust fee standards according to operational needs, and will notify users through platform announcements or email before adjustments. Already purchased services are not affected by price adjustments.

Article 12 Account Balance and Commission Rules

12.1 Account Balance

12.1.1 Users may top up their accounts through payment methods supported by the platform. After successful top-up, the corresponding amount will be credited to the user’s account balance.

12.1.2 Account balance can only be used for designated consumption scenarios within the platform (such as purchasing membership services, points, or value-added services). It does not have fiat currency attributes and does not support withdrawal, transfer, refund, or cash exchange.

12.1.3 Topped-up balance remains valid indefinitely, but if a user’s account is banned or deleted due to violations, unused balance will not be refunded.

12.1.4 Users shall top up through official platform channels only. Do not use unofficial third-party or individual channels; otherwise, the platform assumes no responsibility.

12.1.5 Top-up issues caused by user operational errors or incorrect amounts are non-refundable or reversible, except as otherwise provided by law.

12.2 Commission Withdrawal

12.2.1 Commissions obtained by users through platform promotions, referrals, rewards, and other activities constitute withdrawable earnings, subject to this Article and the platform’s published Commission Rules.

12.2.2 Commission withdrawals are subject to a minimum threshold. The minimum amount for each withdrawal is 100 USD (or equivalent currency). Commissions below the threshold will remain in the user account.

12.2.3 When applying for commission withdrawal, the platform will process payment through the user’s bound receiving account or supported payment channel. Arrival time depends on the third-party payment channel’s processing time, usually 3–15 business days.

12.2.4 A 3% payment processing fee will be deducted from commission withdrawals. This fee is borne by the user and will be directly deducted from the withdrawal amount. If additional third-party fees such as currency conversion fees, bank transfer fees, or intermediary bank fees apply, they shall also be borne by the user.

12.2.5 Users shall ensure that bound receiving account information is true, accurate, and valid. Users bear responsibility for withdrawal failures, returned funds, or capital losses caused by incorrect information.

12.2.6 If a user engages in violations, fraudulent transactions, arbitrage, money laundering, fraud, or other misconduct, the platform has the right to freeze, deduct, or zero out earned or pending commissions, and reserves the right to pursue legal responsibility.

12.2.7 Commissions earned by users may involve tax reporting obligations. Users shall comply with tax laws in their respective countries or regions. The platform assumes no personal income tax, VAT, or other tax liability for users. If required by applicable law, the platform reserves the right to withhold relevant taxes.

12.2.8 Once a commission withdrawal application is submitted and approved, it cannot be revoked or refunded except due to platform fault or as required by law.

Article 13 Account Deletion

13.1 Users have the right to apply for deletion of their platform account. After account deletion, users will no longer be able to use platform services, and personal information, published content, points, membership benefits, account balance, and pending commissions will be handled in accordance with this Agreement and the Privacy Policy.

13.2 Conditions for Deletion: Before account deletion, users shall ensure that:

1. The account is in a secure state and not at risk of theft;
2. There are no unfinished transactions, orders, or disputes in the account;
3. The account is not under investigation for violations or legal proceedings;
4. Points, membership benefits, account balance, and pending commissions have been used or waived.

13.3 Deletion Process: Users may submit a deletion application through the account settings or contact platform customer service. The platform will review and process the deletion application within a reasonable time.

13.4 Consequences of Deletion:

1. The account will no longer be able to log in, and all services will stop;
2. Points, membership benefits, topped-up balance, and pending commissions will be automatically cleared or invalidated;
3. Personal data will be deleted or anonymized within the compliance period;
4. Publicly published content may continue to be displayed in anonymized form, or be deleted upon user request;
5. Data required to be retained by law will be retained in accordance with the law and will no longer be used to provide services.

13.5 Irreversibility: Account deletion is usually irreversible. Users shall back up any data and content they wish to retain before deletion.

13.6 If the account has outstanding payments, unresolved disputes, or is under investigation, the platform has the right to suspend the deletion application until such matters are resolved.

Article 14 Agreement Modification, Suspension, and Termination

14.1 The platform reserves the right to modify this Agreement according to changes in laws and regulations or operational needs, with modifications taking effect after publication on the platform. Continued use of services by users constitutes acceptance of the modified Agreement. Material changes will be notified to users by email or in-site notification.

14.2 If a user violates this Agreement or relevant laws and regulations, the platform has the right to immediately terminate services to the user without notice, and reserves the right to pursue legal responsibility.

14.3 After service termination, the platform has no obligation to retain any content or information under the user account, except as otherwise required by law or stipulated in the Privacy Policy.

Article 15 Dispute Resolution and Governing Law

15.1 The formation, validity, interpretation, performance, and dispute resolution of this Agreement shall not be governed by the laws of mainland China, but by the laws of the United States (the server location) and international internet common rules.

15.2 Any dispute arising from or relating to this Agreement shall first be resolved through friendly consultation between the parties.

15.3 If consultation fails, either party may submit the dispute to the competent courts of Delaware, United States, or to arbitration in accordance with a separately signed written arbitration agreement between the parties.

15.4 If the user is an EU resident, the user also has the right to file a complaint or seek relief with the data protection authority or consumer protection authority of the EU member state where they reside.

Article 16 Notices and Delivery

16.1 The platform may send notices to users through in-site notifications, emails, or page announcements. Notices are deemed delivered upon sending.

16.2 Users may contact us through the platform’s official email addresses:

• General affairs: contact@whaletu.com
• Legal / Privacy compliance: legal@whaletu.com
• User support: support@whaletu.com

Article 17 Third-Party Beneficiaries

17.1 Except as otherwise provided in this Agreement, this Agreement binds only the platform and the user, and does not create any rights for third-party beneficiaries.

Article 18 Assignment

18.1 Users may not assign any rights or obligations under this Agreement without the platform’s prior written consent.

18.2 The platform has the right to assign its rights and obligations under this Agreement in the event of merger, acquisition, asset sale, or business reorganization, without prior user consent, but will notify users through platform announcements.

Article 19 Waiver

19.1 The platform’s failure or delay in exercising any right under this Agreement does not constitute a waiver of that right, nor does it affect the platform’s exercise of that right in the future.

Article 20 Headings

20.1 The headings of the clauses in this Agreement are for convenience of reading only and do not affect the actual meaning and interpretation of the clauses.

Article 21 Entire Agreement

21.1 This Agreement and the relevant rules and policies published by the platform constitute the entire agreement between the parties regarding the platform services, superseding any prior oral or written agreements between the parties on the same matter.

Article 22 Final Interpretation

22.1 The final right of interpretation of this Agreement belongs to the WhaleTu Community operation team.