Terms of Service

You must be at least 13 years old to use the Site. If you are under 18 (or the age of majority where you live), you may use it only with the permission of a parent or guardian. In the European Economic Area and the UK, users under 16 need a parent's or guardian's permission.

White Whale is a design and development studio. The Site describes the services we offer — such as UX audits, website design and development, brand identity, social content and motion design — and shows examples of our work.

Information on the Site, including service descriptions, timelines and budget ranges, is general information and not an offer to contract. Any work we do for you is subject to a separate written agreement, as described in section 4.

When you send us a project request, you agree to give accurate information and to send it only on your own behalf or with permission from the organization you name. We refer to the project details and other information you send us as "Your Content".

Sending a request does not create a contract or an obligation for either of us. We may decline any request, for any reason. Please don't include confidential information or trade secrets in a request — if a project needs them, we can sign a confidentiality agreement first.

You keep ownership of Your Content. You give us permission to use it only to review your request, reply to you and prepare a proposal, as described in our Privacy Policy.

If we agree to work together, the project is governed by a separate written agreement signed by both of us — such as a service agreement, proposal or statement of work (a "Client Agreement"). The Client Agreement sets out the scope, fees, payment terms, timelines, ownership of deliverables and other terms of the project.

If a Client Agreement conflicts with these Terms, the Client Agreement prevails for that project. These Terms continue to govern your use of the Site.

White Whale also builds and runs its own software products, such as Vlibr and Hirelinky. Each product has its own terms of service and privacy policy, which govern your use of it. These Terms do not apply to those products.

The Site and its content — including text, graphics, images, logos, design and the White Whale name — belong to White Whale or its licensors and are protected by law. Work shown in our portfolio may belong to our clients and is shown with their permission.

You may view the Site and share links to it for personal or internal business purposes. You may not copy, reproduce, modify or distribute its content, or use our name or logos, without our written permission.

If you send us ideas, suggestions or feedback about the Site or our services, we may use them freely and without any obligation to you.

You agree not to:

• use the Site to break any law, or help anyone else do so;
• send spam, false or misleading requests, or requests in someone else's name without permission;
• upload or send anything that contains malware or that infringes anyone's rights;
• try to access parts of the Site or our systems that are not meant for you, or probe, scan or test their security;
• interfere with or overload the Site, or get around its security features or spam protection;
• scrape or collect data from the Site by automated means without our written permission.

We may block access to the Site for anyone we reasonably believe is violating this section.

The Site may link to websites and services run by others, including tools we mention and the websites of clients and partners. We do not control them and are not responsible for their content, policies or practices. Your use of them is at your own risk and subject to their terms.

We may change, suspend or stop any part of the Site at any time, with or without notice.

We respect intellectual property rights and respond to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act (DMCA) and similar laws. To report content on the Site, send us a notice through our contact form with: your contact details; a description of the copyrighted work; the link to the content you believe infringes it; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner, with your physical or electronic signature.

The Site is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Site will be uninterrupted, error-free or secure, that its information is complete or up to date, or that anything you send us will never be lost — keep your own copies of anything important.

To the fullest extent permitted by law, White Whale and its members, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to the Site or these Terms, even if we were told such damages were possible.

Without limiting the above, and to the fullest extent permitted by law, we are not responsible for any loss, corruption or unavailability of Your Content or other data — whether caused by a technical failure, a security incident, an outage at one of our providers, or any other cause. You are responsible for keeping your own copies of anything that matters to you.

Our total liability for any claim arising out of or related to the Site or these Terms is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) US $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, or your rights as a consumer under mandatory law. Liability for work under a Client Agreement is governed by that agreement.

You agree to defend and indemnify White Whale against any third-party claims, losses and costs (including reasonable legal fees) arising from Your Content or your breach of these Terms or the law.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in Delaware, and you and we consent to their jurisdiction. Before filing a claim, please contact us through our contact form — most problems can be solved quickly that way. If you are a consumer living outside the United States, you may also have the right to bring a claim in your local courts under mandatory consumer law.

We may update these Terms from time to time. When we do, we will post the new version on this page and change the "Last updated" date above. By continuing to use the Site after a change takes effect, you accept the updated Terms.

These Terms and our Privacy Policy are the entire agreement between you and us about the Site; a Client Agreement governs any project, as described in section 4. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them in connection with a merger, acquisition or sale of assets. Neither party is responsible for delays caused by events beyond its reasonable control. If these Terms are translated, the English version governs.

Questions about these Terms? Reach us through our contact form.

White Whale Agency, LLC. Registered in Delaware, United States.