Terms of Service

WhaleGPT is an INFORMATION, EDUCATIONAL, TRAINING and RESEARCH service about financial markets, quantitative methods, risk psychology, technical and fundamental analysis and market history. Everything produced, displayed, generated, simulated, written, spoken, automated or delivered through the Service — including, without limitation: chart analyses, AI outputs, probabilistic scenarios, watchlists, Monte Carlo simulations, backtests, historical replays, Challenge Navigator briefings, Telegram coach messages, Academy lessons, community content, e-books, PDFs, videos, podcasts, newsletters, alerts, pattern callouts, position-size calculators, sample trading plans, sample journals, screenshots of historical trades — has exclusively EDUCATIONAL, ACADEMIC, HISTORICAL, DESCRIPTIVE and STUDY value.

WhaleGPT IS NOT and shall under no circumstances be considered:

• a trading, order-execution, order-receiving or order-transmitting service;
• a financial advisor, investment advisor, robo-advisor, registered representative, agent, intermediary, or entity authorised or regulated by CONSOB, Bank of Italy, ESMA, SEC, FINRA, FCA, BaFin, FINMA, CFTC, ASIC, MAS or any other supervisory authority in any jurisdiction;
• a broker-dealer, market maker, dealing desk, ECN, MTF, OTF or trading venue;
• an asset manager, fund manager, hedge fund, family office or portfolio manager;
• a payment institution, e-money issuer, crypto exchange or custodian of digital assets;
• an issuer of financial products, public-offering solicitor, fund distributor or public offering;
• a trading-signals provider, signal provider, copy-trading provider, social-trading provider, EA/bot provider, prop firm or prop-firm sponsor;
• a channel for personalised recommendations, investment suggestions, suitability/appropriateness assessments or tax/legal advice.

All Service material is aimed at an adult audience wishing to STUDY the markets. Any practical application of such study in real trading or investment operations occurs exclusively outside the Service, through authorised third-party intermediaries, under the full, exclusive and non-delegable responsibility of the User.

No Service content constitutes: (a) investment advice within the meaning of art. 1(5)(f) and 18 of the Italian Consolidated Financial Act, MiFID II or analogous foreign rules; (b) an investment recommendation within EU Regulation 596/2014 (MAR) and EU Regulation 2016/958; (c) investment research; (d) personalised advice; (e) operational suggestion or trading signal; (f) suitability, appropriateness or best-execution assessment; (g) tax, legal, accounting, pension or insurance advice. Every piece of content is a GENERAL EDUCATIONAL OPINION produced for an undefined audience, without any consideration of the User's personal situation.

Use of the Service establishes NO advisory, fiduciary, agency, mandate, representation, management, financial-promotion, financial-product-distribution, mediation or investment-assistance relationship between the User and WhaleGPT. No statement, AI output, coach message, lesson, video, email, notification, alert, briefing, calculation, simulation or content of the Service may be construed as such.

• You must be at least 18 years old and have full legal capacity to contract in your jurisdiction.
• You must reside in, and access the Service from, a jurisdiction where the consumption of educational content about financial markets is lawful.
• You may NOT use the Service if you are subject to international sanctions (EU, OFAC, UK, UN, HMT, SECO) or reside in embargoed countries/territories (including, without limitation, Russia, Belarus, Iran, North Korea, Syria, Cuba, occupied regions of Ukraine, Crimea).
• You may NOT access the Service if your local law prohibits or restricts the supply of educational content on markets or crypto-assets.
• You are solely responsible for compliance with all local laws (authorisations, taxation, currency, AML, counter-terrorism, capital controls).

The User is the SOLE decision-maker and the SOLE party responsible for every financial, trading, investment, risk-management, position-opening/closing and capital-management choice. In particular, the User represents, warrants and undertakes to:

• perform independent DUE DILIGENCE before any operation;
• consult a qualified financial, tax and/or legal advisor, authorised in their jurisdiction, BEFORE trading;
• treat no Service output as a personalised recommendation, advice or invitation to act;
• trade only with capital they can afford to lose IN FULL without harming their financial, family or psychological stability;
• not use borrowed money, excessive leverage, third-party funds, funds earmarked for essential needs (mortgage, rent, healthcare, education, subsistence);
• respect the rules, limits and conditions of their broker, prop firm and tax authority;
• assume every risk, every loss and every consequence, direct or indirect, of any decision taken on the basis — in whole or in part — of studying Service content.

• The User is responsible for credential confidentiality, device security and any activity carried out through their account.
• Monthly and annual subscriptions AUTO-RENEW at expiry until cancelled from the Billing area. Cancellation takes effect at the end of the already-paid cycle.
• Prices may be changed with at least 30 days' notice; changes do not apply to the current cycle.
• EU consumers have a 14-day right of withdrawal (art. 52 et seq. Italian Consumer Code). By purchasing digital content and requesting immediate delivery, the User EXPRESSLY ACCEPTS that the right of withdrawal LAPSES under art. 59(o) Italian Consumer Code from the moment performance begins.
• Amounts paid for digital services already supplied (unlocked lessons, downloaded chapters, consumed AI prompts, ongoing subscriptions) are NON-refundable.
• Explicit guarantees (e.g. "30-day money-back" on single products) apply solely under the conditions stated on the sales page at purchase time and do not constitute extended warranties on the entire Service.
• "Lifetime" plans grant access for the product's operational lifetime, save for Service interruption due to causes beyond our control (force majeure, critical-supplier failure, authority order, product discontinuation).

The User undertakes NOT to:

• resell, redistribute, republish, sub-license, rent, or repackage Service output, content, lessons, prompts or algorithms as paid signals, copy-trading or any derivative service;
• manage third-party capital based on Service content or output without holding the regulatory authorisations required in their jurisdiction;
• perform bulk scraping, automated crawling, reverse-engineering, decompilation, disassembly, training of third-party AI models, or attempt to extract underlying models, weights, datasets, prompts or proprietary knowledge;
• abuse APIs, circumvent quotas, rate-limits, throttling, CAPTCHA or anti-abuse controls;
• create multiple accounts to circumvent pricing, free trials, guarantees or usage limits;
• upload unlawful, defamatory, obscene content, content infringing third-party privacy or intellectual property, national security, or containing malware;
• use the Service for market manipulation, insider trading, spoofing, layering, wash trading, pump-and-dump, money laundering, terrorism financing, fraud, tax evasion, sanctions evasion or any other unlawful activity;
• impersonate WhaleGPT, employees, coaches, partners or users, or misrepresent the nature of the Service or its content;
• interfere with the security, integrity or availability of the Service (DoS, DDoS, exploits, injection, privilege escalation, unauthorised access).

The software, algorithms, prompts, interfaces, trademarks, logos, trade names, graphics, texts, methods, didactic structures, flows, images, voices, videos, templates, calculators, e-books, checklists, frameworks and any other Service content (excluding content uploaded by the User) are the exclusive property of WhaleGPT or its licensors and are protected by copyright, trademark, patent, trade-secret and other intellectual property laws.

We grant you a PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE and LIMITED license for the sole purpose of personal learning, within these Terms. Any other use is prohibited and will be enforced in the competent venues.

User-uploaded content (screenshots, notes, configurations) remains owned by the User; by uploading you grant WhaleGPT a worldwide, royalty-free, non-exclusive license limited to operating and improving the Service for that User only, revocable by deleting the content.

The Service integrates probabilistic AI models (LLMs, vision models, quantitative models). Their outputs may contain factual errors, omissions, hallucinations, inaccurate price levels, misinterpretations of charts, references to nonexistent or outdated events, approximate statistical calculations and bias. The models do NOT have exhaustive real-time access to all markets, order books, instant news or private information. The User acknowledges and accepts that any AI output is EXCLUSIVELY educational material to be verified independently on official sources (broker, exchange, regulators, market-data providers). WhaleGPT disclaims any responsibility for model outputs and for decisions taken on their basis.

Any human coach available on Telegram provides exclusively EDUCATIONAL MENTORSHIP and study support for Service content. The coach does NOT provide personalised advice, does NOT manage capital, does NOT execute orders, does NOT guarantee any result and is NOT a party authorised to perform investment-advisory activity. Every message is a personal opinion for educational purposes. The User accepts that Telegram interaction is also governed by Telegram's terms (Telegram FZ-LLC).

The Challenge Navigator module and any prop-firm-related content (without limitation: FTMO, FundedNext, MyForexFunds, The5ers, FunderPro, Topstep, Apex, Earn2Trade) is for EDUCATIONAL PURPOSES ONLY. WhaleGPT is NOT officially affiliated with such companies unless expressly stated, does NOT guarantee challenge passing, profit-split payouts, funded-account delivery, account duration, compliance with internal rules or firm solvency. Prop firm rules ALWAYS prevail over Service output and may change unilaterally.

Any content, comments, strategies, screenshots, opinions or materials shared by Users through community areas, forums, Discord or chat are NOT produced, validated, verified or endorsed by WhaleGPT. Such content remains the sole responsibility of its authors. WhaleGPT reserves the right, but not the obligation, to moderate, remove or report content that violates these Terms or the law.

The Service is provided "AS IS" and "AS AVAILABLE", without any warranty, express or implied. To the maximum extent permitted by applicable law, WhaleGPT, its directors, employees, contractors, providers, licensors and partners DISCLAIM all warranties — including, without limitation, warranties of accuracy, completeness, timeliness, currency, fitness for a particular purpose, merchantability, non-infringement, uninterrupted operation, security, freedom from errors, bugs, malware or vulnerabilities, reliability of AI outputs, correctness of third-party market data, profitability, win-rate, maximum drawdown, sharpe ratio or any other metric.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in NO event shall WhaleGPT, its subsidiaries, parents, affiliates, directors, employees, contractors, consultants, providers, licensors, business partners or agents be liable for:

1. trading losses, capital losses, position losses, margin calls, position liquidations, slippage, market gaps, widened spreads;
2. lost profits, lost earnings, lost opportunity, lost goodwill, reputational loss, data loss, loss of time;
3. indirect, incidental, special, consequential, punitive, exemplary or moral damages;
4. damages arising from trading or investment decisions based, in whole or in part, on the Service, its AI outputs, educational content, briefings, pattern callouts, simulations or coach messages;
5. damages arising from the use or inability to use the Service, bugs, errors, interruptions, delays, malfunctions, session loss, latency, cyberattacks, tampering, third-party issues (brokers, exchanges, prop firms, ISPs, cloud, AI providers);
6. damages arising from reliance on third-party content, external links, market data, news, economic calendars and partner materials;
7. damages arising from the action or omission of any broker, exchange, prop firm, custodian, bank, intermediary or authority.

WhaleGPT's TOTAL AGGREGATE MAXIMUM LIABILITY toward the User, for any cause, contract, tort, strict liability or other legal theory, is in any case CAPPED at the LESSER of (a) the amount actually paid by the User to WhaleGPT in the 6 MONTHS immediately preceding the event giving rise to the claim and (b) EUR 50. This cap applies even if WhaleGPT has been advised of the possibility of such damages and even in the event of failure of the essential purpose of any remedy.

No exclusion or limitation applies where mandatory law does not allow it (wilful misconduct, gross negligence, personal injury, mandatory consumer protections).

The User undertakes to indemnify, defend and hold WhaleGPT, its subsidiaries, parents, affiliates, directors, employees, contractors, providers and partners harmless from ANY claim, action, proceeding, investigation, damage, loss, cost, penalty or expense (including reasonable legal and advisory fees, in any degree of judgment) arising from or related to: (i) use of the Service in breach of these Terms or law; (ii) trading, investment, capital-management or prop-challenge participation decisions; (iii) infringement of third-party rights (IP, privacy, image, reputation, contract); (iv) content uploaded or shared by the User; (v) claims by brokers, exchanges, prop firms, banks, tax authorities, supervisory authorities.

WhaleGPT shall not be liable for delays, suspensions or inability to deliver the Service caused by events beyond its reasonable control, including without limitation: natural disasters, pandemics, wars, acts of terrorism, strikes, blackouts, failures of cloud or telecommunications infrastructure, cyberattacks, authority orders, regulatory changes, unavailability of AI providers or third-party market data.

We may suspend or terminate the account, with or without notice, in case of breach of these Terms, suspected abuse, fraud, chargeback, non-payment, order by a competent authority or reputational risk. The User may terminate the account at any time from the Billing area. Upon termination the User may request export of their personal data within 30 days at privacy@whalegpt.io.

We may update these Terms for legal, regulatory, security, technical or business reasons. Material changes will be notified at least 30 days in advance via email or in-app notice. Continued use after the effective date constitutes full acceptance. Historical versions are retained and may be requested at legal@whalegpt.io.

These Terms are governed by the LAWS OF THE EMIRATE OF DUBAI and applicable DIFC Laws, excluding conflict-of-law rules and the Vienna Convention on the International Sale of Goods (CISG). Any dispute shall be subject to the EXCLUSIVE jurisdiction of the DIFC Courts (Dubai International Financial Centre Courts). Alternatively, the parties may submit any dispute to arbitration administered by the DIFC-LCIA Arbitration Centre (or, failing it, by DIAC), seated in Dubai, in English, before a sole arbitrator. The mandatory consumer forum granted by the law of the consumer's place of residence (including art. 66-bis Italian Consumer Code and analogous provisions in EU Member States) remains in any event unaffected. Before resorting to court or arbitration, the parties shall attempt in good faith to amicably resolve the dispute within 30 days of written notice. EU consumers may use the European Commission's ODR platform: https://ec.europa.eu/consumers/odr.

To the extent permitted by applicable law, the User agrees that any dispute with WhaleGPT shall be resolved on an INDIVIDUAL basis and expressly waives the right to participate in class, collective, representative or consolidated actions. This waiver does not apply where mandatorily prohibited by consumer law.

• USA: the User acknowledges that they are not relying on the Service as registered SEC/FINRA investment-advisor services, and that WhaleGPT is not registered as an investment advisor or broker-dealer under the Securities Act 1933, Investment Advisers Act 1940 or Securities Exchange Act 1934.
• UK: WhaleGPT is not FCA-authorised and Service content does not constitute a "financial promotion" under s. 21 FSMA 2000; it is distributed as "educational material" relying on Financial Promotion Order exemptions.
• Switzerland: content does not constitute an offer or solicitation under FinSA/FIDLEG; WhaleGPT is not a registered financial-services provider.
• Australia: WhaleGPT does not hold an AFSL and content is not "financial product advice" under the Corporations Act 2001.
• Canada: WhaleGPT is not registered with provincial authorities (OSC, AMF, BCSC, etc.) and content is not "advice" under NI 31-103.

• Severability: invalidity of any single clause shall not affect the validity of the remaining ones, which shall continue in full force.
• Entire agreement: these Terms, together with the Risk Disclosure, Privacy Policy, Cookie Policy and AML Policy, constitute the ENTIRE agreement between the parties and supersede any prior agreement, representation or understanding.
• No waiver: failure to exercise a right does not constitute a waiver.
• Assignment: the User may not assign their rights without our written consent. We may assign the agreement to group companies or successors.
• Survival: clauses 1, 2, 3, 5, 7-22 survive termination.
• Notices: any legal communication shall be sent to legal@whalegpt.io.
• In case of conflict between Italian and English versions, the ITALIAN version prevails for Italian residents, the ENGLISH version for others.