WHALE.US

Terms & Conditions

Version 1.0  |  Effective Date: 07 September, 2026

1. Introduction

1.1  Welcome to Whale.us. These Terms & Conditions (“Terms” or “Terms of Use”) govern your access to and use of the Whale.us platform, including all games, promotions, and related services (collectively, the “Platform”). The Platform is operated by DEEP BLUE COAST LIMITED (“Whale,” “we,” “us,” or “our”), a company duly incorporated under the laws of Cyprus, registration number HE 494371, with its registered office at Grigori Afxentiou 39, Academia Center, Block 1, Flat/Office 3, 6021 Larnaca, Cyprus. 

1.2  By registering a Customer Account, accessing the Platform, or playing any Game, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety, including all documents incorporated by reference herein (including our Privacy Policy). If you do not agree, you must not access or use the Platform.

1.3  We may update these Terms at any time. Updates will be posted on the Platform with a revised effective date. Your continued use of the Platform following any update constitutes acceptance of the revised Terms. If you do not accept the updated Terms, you must stop using the Platform immediately.

2. Platform Statement

2.1  Eligible Territories. The Platform is available only to individuals who are both resident in, and physically located in, a state of the United States (including the District of Columbia) that is not an Excluded Territory. The Platform is not available in any U.S. territory or possession. The following states are excluded (“Excluded Territories”):

  1. California

  2. Connecticut

  3. Idaho

  4. Michigan

  5. New York

  6. Nevada

  7. New Jersey

  8. Montana 

  9. Tennessee

  10. Indiana

  11. Maine

  12. Louisiana


In addition, any other state or jurisdiction where, under the laws applicable to you, participation in the Games is legally prohibited, or that Whale excludes at its sole discretion from time to time.

2.2  No Real Money Gambling. THE PLATFORM DOES NOT OFFER REAL MONEY GAMBLING. NO ACTUAL MONEY IS REQUIRED TO PLAY ANY GAME. GOLD COINS AND SWEEP COINS HAVE NO MONETARY VALUE. GOLD COINS CAN NEVER BE REDEEMED FOR PRIZES OR CASH. ONLY SWEEP COINS THAT HAVE BEEN PLAYED THROUGH IN PROMOTIONAL PLAY MAY BE REDEEMED FOR PRIZES, IN ACCORDANCE WITH THESE TERMS AND THE OFFICIAL SWEEPSTAKES RULES.

2.3  No Purchase Necessary. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. Gold Coins and Sweep Coins are always available free of charge as described in Clauses 7.1 and 8.2.

2.4  Separate Modes of Play. The Platform offers two separate modes: Standard Play, played only with Gold Coins, and Promotional Play, played only with Sweep Coins. You choose which mode is active, and both modes cannot be active at the same time. Gold Coins cannot be used in Promotional Play and Sweep Coins cannot be used in Standard Play.


2.5  Dispute Resolution Notice. THESE TERMS INCLUDE A WAIVER OF THE RIGHT TO PURSUE CLASS OR REPRESENTATIVE CLAIMS. SEE CLAUSE 27 FOR FULL DETAILS AND OPT-OUT RIGHTS.

3. Definitions

In these Terms, the following definitions apply unless context otherwise requires:

  1. “Collective Action” means any claim, action, or proceeding asserted or pursued as a class action, group action, collective action, mass action, or in any representative or private attorney general capacity, whether in arbitration, court, or any other forum.

  2. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other material used, displayed, or available as part of the Games and Platform.

  3. “Customer Account” or “Account”” means an account held by a Registered Customer.

  4. “Excluded Territory” has the meaning set out in Clause 2.1.

  5. “Fraudulent Conduct” means the conduct described in Clause 17.

  6. “Game” means any one or more game(s) available on the Platform, whether in Standard Play or Promotional Play mode.

  7. “Gold Coins” means the virtual social gameplay currency used to play Standard Play Games. Gold Coins have no monetary value and cannot under any circumstances be redeemed for Prizes or cash.

  8. “Participate,” “Participating,” or “Participation”” means playing any Game or using the Platform in any manner whatsoever.

  9. “Official Sweepstakes Rules” means the official rules governing the Sweepstakes published on the Platform, which form part of these Terms.

  10. “Payment Administration Agent” means any payment facilitator, related body corporate, affiliate, or third party appointed by Whale to act as its payment agent.

  11. “Payment Medium” means any debit or credit card, bank account (debited by ACH or electronic check), supported cryptocurrency wallet, or other payment method approved by Whale and used to purchase Gold Coins. Wire transfers and peer-to-peer payment services are not accepted.

  12. “Platform” means the services provided through any URL or mobile application belonging to or licensed to Whale and branded as part of the Whale.us offering, including whale.us and all subdomains, subpages, and successor sites, together with all Games, features, tools, and services available thereon.

  13. “Customer” or “you”” means any person who Participates, whether or not a Registered Customer.

  14. “Prizes” means redeemable prizes available to be won through Promotional Play in accordance with these Terms.

  15. “Promotional Play” or “Sweepstakes”” means Participation in Whale's sweepstakes promotions by playing Games using Sweep Coins.

  16. “Registered Customer” means a Customer who has successfully registered a Customer Account.

  17. “Standard Play” means Participation in any Game played with Gold Coins.

  18. “Sweep Coins” means sweepstakes entries used exclusively to play Promotional Play Games. Sweep Coins cannot be purchased, directly or indirectly, under any circumstances.

  19. “Lootboxes” means virtual containers available on the Platform that may be opened to receive in-Platform rewards, as further described on the Platform.

  20. “Tribes” means the social team feature available on the Platform allowing groups of players to compete together.

4. Registration & Customer Warranties

4.1  Registration Requirements

To register a Customer Account, you must provide the following information:

  1. Full legal name;

  2. Date of birth;

  3. Permanent residential address;

  4. Email address; 

  5. Username; 

  6. Gender.

Whale may also require a copy of your government-issued identification and proof of address upon registration or at any time thereafter. You will be required to set a username and password. How we collect, use, and protect your personal information is described in our Privacy Policy, available on the Platform.

4.2  Customer Warranties

By registering and using the Platform, you declare and warrant that:

  1. You are at least 18 years of age, or such higher minimum legal age of majority as stipulated by the laws of your jurisdiction of residence, and are legally permitted to participate in the Games;

  2. You do not reside in, and are not accessing the Platform from, any Excluded Territory;

  3. You are using the Platform strictly in your personal capacity for recreational and entertainment purposes only;

  4. You are participating in the Games on your own behalf and not on behalf of any other person;

  5. All information you provide to us is true, complete, and accurate, and you will immediately notify us of any change to such information;

  6. Any funds used to purchase Gold Coins are not derived from any illegal activity or source;

  7. You will not purchase Gold Coins using a business or corporate account — purchases must be made only through a Payment Medium held in your own name;

  8. You will not engage in any fraudulent, collusive, or unlawful activity in connection with the Platform or any Game, and will not use automated software (including bots) to participate in any Game;

  9. You will only use a valid Payment Medium that is legally and beneficially owned by you.

4.3  Responsible Jurisdiction Check

It is the Customer's sole responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who knowingly circumvents restrictions on Excluded Territories — including through VPNs, proxy services, or false information about location or identity — is in material breach of these Terms, may be committing fraud, and may be subject to criminal prosecution.

4.4  Ineligible Persons

Employees, contractors, officers, and directors of Whale, its affiliates, subsidiaries, and holding companies, as well as any company or individual involved in the design, production, or distribution of the Games, and their immediate family members (spouse, parents, siblings, and children, whether by birth, marriage, or adoption) and household members (persons sharing the same residence for at least three months per year), are not eligible to Participate.

4.5  Location Verification

You must enable location services on each device you use to access the Platform and must not disable, block, spoof, or otherwise interfere with them. Whale uses a third-party geolocation provider to verify your physical location when you log in, before any Gold Coin purchase, during gameplay, and at any other time Whale considers appropriate. If your location cannot be verified, or you are located in an Excluded Territory, Whale will restrict your access to the Platform, including purchases, Promotional Play, and Prize redemption.

5. Licence

5.1  Subject to your continued compliance with these Terms, Whale grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Platform, including Gold Coins and Sweep Coins, through a supported web browser or mobile device, solely for your personal, private entertainment.

5.2  These Terms do not grant you any right, title, or interest in the Platform or Content. If you do not comply with these Terms, your licence is immediately and automatically terminated without any liability to you.

5.3  If the Platform or any Game is deemed illegal under the laws of your jurisdiction, you are not granted any licence to access it and must immediately cease use.

6. Your Customer Account

6.1  Single Account

You may only hold one Customer Account on the Platform. Attempting to open or maintain more than one Account may result in all Accounts being suspended or cancelled. You must notify us immediately if you become aware that you hold more than one Account. Do not create a new Account to change your personal details — contact Customer Support instead.

6.2  Accuracy

You must keep your registration details accurate and up to date at all times. All personal information provided when creating or updating your Account must match your government-issued identification.

6.3  Account Security

You are solely responsible for maintaining the confidentiality of your password and Account credentials. You must not share your Account or password with any third party. We strongly recommend enabling multi-factor authentication. You are responsible for all activity under your Account, including unauthorised use. If you suspect a security breach, notify us immediately at support@whale.us. Whale is not responsible for any loss or damage arising from your failure to protect your credentials.

6.4  Non-Transfer of Accounts and Currencies

You may not transfer, sell, or acquire Gold Coins, Sweep Coins, or Customer Accounts between players or with third parties. Gold Coins and Sweep Coins may not be converted into one another. Any attempt to do so may result in Account suspension and forfeiture of balances.

6.5  Account Closure

You may close your Account at any time by emailing support@whale.us. Closing your Account will result in the cancellation and forfeiture of all Gold Coins and Sweep Coins in your Account. Any Prize redemption request approved before closure will be completed, subject to Clauses 14 and 15. You may re-open your Account (unless self-excluded) by contacting Customer Support. A self-excluded Account cannot be re-opened during the self-exclusion period, which is at least one (1) year, and is never re-opened automatically. All re-opening requests are subject to our compliance review process.

6.6  Discretion to Refuse or Close Accounts

Whale reserves the right to refuse to open, place limits on, suspend, or close any Customer Account at its sole discretion and without liability.

7. Gold Coins

7.1  Nature of Gold Coins

Gold Coins are virtual social gameplay currency with no monetary value. They may only be used to play Standard Play Games and cannot be redeemed for Prizes, cash, or any other item of value. Whale provides Gold Coins free of charge via the following means:

  1. A free Gold Coin balance when you register a Customer Account;

  2. Free top-ups;

  3. Always-free Games that you can play at any time without making a purchase; and

  4. Promotional campaigns and achievements within the Platform.

You may also win Gold Coins through Standard Play or, if you choose, purchase additional Gold Coins on the Platform. A purchase is never required to start, or to continue, playing any Game.

7.2  Gold Coin Purchases

Purchasing Gold Coins constitutes the purchase of a limited licence to play Standard Play Games. It does not constitute a deposit of funds, and funds used to purchase Gold Coins are non-refundable. The Payment Medium you use must be legally and beneficially owned by you and registered in your name. If the name on your Customer Account does not match the name on your Payment Medium, your Account will be suspended. No single Gold Coin package offered on the Platform exceeds USD $500 (five hundred US dollars). Total Gold Coin purchases are limited to USD $9,000 per day, and you may set lower personal limits under our Responsible Social Gameplay Policy. If any purchase is charged back, reversed, or returned, your Account will be suspended and the charged-back amount becomes a debt immediately due to Whale.

7.3  Currency

Gold Coin purchases may be made in U.S. dollars or in a supported cryptocurrency. Supported cryptocurrencies are independently issued, publicly traded cryptocurrencies; Whale does not issue or accept any token or virtual currency created by Whale or its affiliates. All exchange and transaction fees are borne solely by you. If you purchase Gold Coins using FIAT, Sweep Coins must be redeemed in FIAT; if using cryptocurrency, Sweep Coins must be redeemed in cryptocurrency. You may not switch currency method while a Sweep Coin balance remains in your Account.

7.4  Inactivity

Gold Coins in your Account expire if your Account has no gameplay activity for ninety (90) consecutive days. Expired Gold Coins have no value and are not refunded. 

8. Sweep Coins

8.1  Nature of Sweep Coins

Sweep Coins are sweepstakes entries used exclusively to play Promotional Play Games. Sweep Coins CANNOT BE PURCHASED. They are available only through free promotional offers. Use of automated systems to acquire Sweep Coin is strictly prohibited and will result in disqualification and Account suspension.

8.2  How to Obtain Sweep Coins

Sweep Coins may be obtained through methods including, but not limited to, the following:

  1. Free entry / Alternative Method of Entry ("AMOE") — as set out in Clause 8.3 below;

  2. Promotional giveaways on Whale's social media channels (amounts stated in each giveaway);

  3. As a bonus when purchasing specifically marked Gold Coin bundles (amounts displayed at point of purchase — all Gold Coin purchases are final and non-refundable);

  4. As prizes in tournaments and promotions (to be announced separately from time to time);

  5. Through other promotional methods made available by Whale.us at its discretion.

Equal treatment. All Sweep Coins are treated identically however they are obtained. Sweep Coins obtained through the AMOE or any other free method are subject to the same rules, play-through requirements, and eligibility conditions, and have exactly the same chances of winning (including the same return-to-player percentages), as Sweep Coins received as a bonus with a Gold Coin purchase. Whale does not limit the number of AMOE requests a Customer may submit, subject to Clause 8.3(c).

8.3  Free Alternative Method of Entry (AMOE)

(a) Customers may receive free Gold Coins and Sweep Coins through the Free Entry / AMOE method, by either: (i) sending a standard postcard or plain white card ("Request Card") of at least 4" x 6", unfolded, inside a stamped envelope addressed to: Deep Blue Coast Limited; PO Box 6756, Watertown, NY 13601; or (ii) submitting a digital request through the upload option made available within the Customer Account.

(b) Each request, whether by mail or digital upload, must include the following information, presented in the order listed: (i) your full legal name as shown on your government-issued ID; (ii) your Whale.us username; (iii) your registered residential address; (iv) your registered email address; (v) the word "CODE:" followed by your unique request code (generated on the Platform — do not share this code); and (vi) the following statement: "I wish to receive Sweep Coins to participate in the sweepstakes promotions offered by Whale.us. By submitting this request, I hereby declare that I have read, understood, and agree to be bound by Whale's Terms and Conditions." For mailed submissions, the outer envelope must also have your return address handwritten on the front along with the words "Sweep Coin Credits."

(c) Only one request per envelope or digital submission is permitted. Mailed Request Cards must be handwritten by the Customer personally and mailed from the same state as the Customer's verified residential address; digital submissions must be made directly by the Customer through their own verified Customer Account. Illegible, incomplete, or third-party submissions are void. Sweep Coins will not be credited for requests submitted without a valid unique code. Whale reserves the right to reject requests from Excluded Territories.


9. Lootboxes, Tribes & Platform Features

9.1  Lootboxes. Lootboxes are virtual containers that may be opened to receive in-Platform rewards including Gold Coins, Sweep Coins, or other promotional items as displayed on the Platform. Lootbox contents, odds of receiving each item type, and any applicable fees are disclosed on the Platform prior to opening. Lootbox purchases are final and non-refundable.

9.2  Tribes. Tribes is a social team feature allowing groups of Registered Customers to participate together in Platform activities and competitions. Tribe membership is free, and any Tribe competition that awards Sweep Coins or Prizes is free to enter and requires no purchase or payment. Membership in a Tribe does not create any partnership, joint venture, or shared liability between Tribe members or between a Tribe and Whale.

9.3  Changes to Features. Whale reserves the right to modify, suspend, or discontinue any Platform feature — including Lootboxes and Tribes — at any time without prior notice. Whale will not be liable to you for any such modification or discontinuance.

10. Games

10.1  To participate in any Game, you must hold an active Customer Account and have sufficient Gold Coins or Sweep Coins (as applicable) in your Account. Games may have their own rules available on the Platform, which are binding on you.

10.2  Void Games. Whale reserves the right to declare participation in a Game void, in whole or in part, if there is an error, mistake, misprint, or technical error affecting the outcome.

10.3  Server Authority. In the event of any discrepancy between the result shown on a user's device and the Whale server, the Whale server result is the official and governing result.

10.4  Game Rules and Odds. The rules of each Game, its return-to-player percentage, and its odds or paytable are available on the Platform when the Game is loaded. Every Game operates with the same return-to-player percentage and odds whichever Sweep Coins or Gold Coins are used to play it. All Games are single-player games against the Platform; Customers do not play against one another.

11. Standard Play

Standard Play is played exclusively with Gold Coins. In Standard Play, you can only win additional Gold Coins. No money, Prizes, or items of monetary value of any kind can be won through Standard Play.

12. Sweepstakes Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

12.1  Promotional Play is played exclusively with Sweep Coins. Only Games played with Sweep Coins offer the opportunity to win Prizes. It is the Customer's sole responsibility to determine whether Promotional Play is legal in their jurisdiction.

12.2  The amount of Sweep Coins required to play each Game, and the applicable rules and Prize information, are set out in each Game's information pages on the Platform. Whale's decisions regarding the administration and operation of the Sweepstakes, and the amount and nature of Prizes, are final and binding.

12.3  Official Sweepstakes Rules and Sponsor. The Sweepstakes are sponsored by Deep Blue Coast Limited, Grigori Afxentiou 39, Academia Center, Block 1, Flat/Office 3, 6021 Larnaca, Cyprus. The Official Sweepstakes Rules, which you accept when you register a Customer Account, form part of these Terms. They set out the sweepstakes periods and entry deadlines, eligibility, all free methods of obtaining Sweep Coins, the nature and retail value of each Prize (each eligible Sweep Coin being redeemable for a Prize with a retail value of USD $1.00), the odds of winning, and the redemption process. If there is any conflict between these Terms and the Official Sweepstakes Rules in relation to Promotional Play, the Official Sweepstakes Rules prevail. Whale will not represent that you have won a Prize unless you have won it.

12.3 The Sweepstakes is a continuous promotion that began in September 2026 and continues until it is ended by the Sponsor. The Sponsor may end the Sweepstakes, or end it in any state, by giving at least thirty (30) days’ notice on the Platform and by email to affected Customers, except where earlier action is required by law.

13. Promotions

All promotions, contests, and bonus offers are subject to these Terms and any additional promotion-specific terms published at the time. No promotion that offers Sweep Coins or Prizes will require a purchase or payment to enter, and all advertising of the Sweepstakes will state that no purchase is necessary. In the event of conflict, promotion-specific terms prevail to the extent of the inconsistency. Whale reserves the right to withdraw or modify any promotion without notice and without liability. If Whale reasonably determines that you are abusing any promotion, it may withhold, deny, or cancel any bonus or Prize at its sole discretion.

14. Redemption of Prizes

14.1  Eligibility

Only Promotional Play provides access to Prizes. No Prizes can be won through Standard Play. Only Sweep Coins can be redeemed for Prizes. Except for Sweep Coins won through Promotional Play, all Customers must play through their Sweep Coins three (3) times before those Sweep Coins become eligible for redemption. No Prize may be redeemed without completing the identity verification process as required by Whale.

14.2  Redemption Methods

Prizes available for redemption will be identified on the Platform and may include cryptocurrency and FIAT currency, subject to applicable conditions. The same currency type used to purchase Gold Coins must be used for Prize redemption (see Clause 7.3).

14.3  Limits, Timing & Fees

Whale does not charge any fee to redeem a Prize. No single Prize redemption by a Customer resident or located in Florida may exceed USD $5,000. Whale will process one redemption request per Customer Account per 24-hour period. We reserve the right to pay Prizes in instalments over multiple days. There may be delays due to identity verification requirements.

14.4  Cryptocurrency Redemption

When redeeming Sweep Coins for cryptocurrency, you are responsible for ensuring your receiving wallet can accept the selected currency. Sweep Coins are redeemable at an implied rate of 1 Sweep Coin per USD $1.00; the actual cryptocurrency amount is determined by the prevailing market rate at redemption.

14.5  FIAT Redemption

When redeeming for FIAT currency, you are responsible for ensuring your nominated bank account can receive the funds. The same implied rate of 1 Sweep Coin per USD $1.00 applies, converted at the prevailing exchange rate.

14.6  Mistaken Credits

If your Account is mistakenly credited with Prizes that do not belong to you, those funds remain Whale's property and will be recovered. If funds have already been transferred prior to discovery of the error, the mistakenly paid amount constitutes a debt immediately due to Whale. You must notify Customer Support at support@whale.us if you become aware of any incorrect crediting.

15. Verification

Whale is entitled to conduct identity, credit, and other verification checks as required by applicable law, regulatory authorities, or in its reasonable discretion to prevent financial crime. Until verification is complete, redemption requests will remain pending and Account access may be restricted. If verification cannot be completed because you fail to provide required documents within 30 days of request, Whale may deactivate or restrict your Account. Whale may use third-party service providers to conduct verification checks.

16. Responsible Social Gameplay

Whale is committed to responsible social gameplay. We provide a range of tools — including Purchase limits, time-out periods, and self-exclusion — to help Customers manage their activity. Details of our Responsible Gameplay Policy and Self-Exclusion Procedure are available on the Platform. If you have concerns about your gameplay habits, please consult these resources or contact our support team.

17. Fraudulent Conduct

17.1  As a condition of accessing the Platform, you may not, directly or indirectly:

  1. Hack into any part of the Games or Platform through password mining, phishing, or any other means;

  2. Attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;

  3. Knowingly introduce malware, viruses, Trojans, worms, or other harmful code;

  4. Circumvent the Platform's navigation or structure to obtain information Whale has not made publicly available;

  5. Engage in any form of cheating, collusion, or match-fixing;

  6. Use the Platform to facilitate illegal money transfers or money laundering; or

  7. Participate in or encourage schemes to share special offers, redemption codes, or identification documents for fraudulent purposes.

17.2  Whale monitors all transactions to prevent money laundering and other financial crime. If Whale suspects fraudulent, unlawful, or improper activity, your Account will be suspended immediately and may be permanently deactivated. Whale may pass information to relevant authorities, financial institutions, and other online service providers. You agree to cooperate fully with any Whale investigation.

18. Intellectual Property

All software, graphics, Content, trademarks, and user interfaces on the Platform are owned by or licensed to Whale and are protected by applicable intellectual property laws. Your use of the Platform does not grant you any intellectual property rights in the Content, Games, or Platform. You must not reproduce, modify, or distribute Content without Whale's prior written consent. By posting or uploading any content to the Platform or Whale's social media pages, you grant Whale a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use such content in any manner Whale sees fit.

19. Third-Party Websites & Links

Whale is not responsible for any third-party websites and makes no guarantee as to their content, security, or accuracy. Any third-party sites purporting to offer Gold Coins or Sweep Coins are not authorised to do so and may be attempting to obtain your personal information fraudulently. Links to third-party sites do not constitute an endorsement by Whale.

20. Platform Availability & Disruptions

THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS. WHALE MAKES NO WARRANTY THAT ACCESS TO THE PLATFORM WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. Whale is not liable for any downtime, server disruptions, lag, technical failures, data loss, or any losses alleged to arise from Platform unavailability. In the event of a system malfunction, all affected Gameplay is void. Whale will use commercially reasonable efforts to credit any Gold Coins or Sweep Coins lost due to a technical failure. Whale reserves the right to remove, modify, or discontinue any part of the Platform at any time.

21. Privacy

Whale is committed to protecting your privacy and complying with all applicable data protection laws. Our Privacy Policy is incorporated into these Terms and governs how we collect, use, and protect your personal information. You consent to receive marketing communications from Whale by email and push notification, and may opt out at any time by contacting support@whale.us.

22. Use of Live Chat & Community Features

Live chat and community features on the Platform are provided for recreational and social purposes only. You must not use these services to harass, threaten, or abuse other Customers or Whale staff; post fraudulent, illegal, or defamatory content; spam; distribute malicious code; solicit funds; or engage in any form of collusion. Whale monitors all communications and reserves the right to remove any feature that is abused. Violation of these rules may result in Account suspension and cancellation of Prizes.

23. Complaints & Customer Support

Customer support is available at support@whale.us. All communications must be sent from the email address registered to your Account. Complaints must include: your username; full legal name; a detailed explanation of the complaint; and relevant dates and times. Whale will endeavour to respond as promptly as possible. Abusive, threatening, or offensive communications to Whale staff may result in Account suspension.

24. Suspension & Deactivation of Accounts

24.1  Whale reserves the right to suspend or deactivate your Account at its sole discretion if it has reason to believe that you have engaged or are likely to engage in any of the following:

  1. Breach of any provision of these Terms;

  2. Holding more than one Customer Account;

  3. Mismatched identity between your Account and your Payment Medium or redemption account;

  4. Harassment, abusive, or offensive conduct toward other users or staff;

  5. Account inactivity;

  6. Bankruptcy;

  7. Provision of false, incomplete, or misleading information;

  8. Inability to verify your identity, source of wealth, or source of funds;

  9. Use of VPNs, proxies, or any service to mask your real location;

  10. Underage participation (under 18 years of age or applicable higher legal age);

  11. Access from an Excluded Territory;

  12. Allowing another person to access or use your Account;

  13. Coordinated gameplay with other Customers using the same or materially similar selections;

  14. A charge-back, dispute, or return notification via your Payment Medium;

  15. Failing due diligence checks, or involvement in collusion, cheating, or money laundering; or

  16. Use of automated systems or bots providing an unfair advantage.

24.2  If your Account is deactivated for any reason in Clause 24.1, you will be liable for all claims, losses, liabilities, damages, costs, and expenses incurred by Whale arising therefrom and shall indemnify Whale on demand. Whale reserves the right to withhold balances and recover any Prizes, Gold Coins, or Sweep Coins attributable to the relevant conduct. Your details may be passed to regulatory authorities at Whale's discretion.

25. Indemnity & Limitation of Liability

25.1  Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WHALE AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, LICENSORS, AND SUPPLIERS (“INDEMNIFIED PERSONS”) FROM AND AGAINST ANY CLAIMS, SUITS, ACTIONS, DEMANDS, DISPUTES, ALLEGATIONS, OR INVESTIGATIONS BROUGHT BY ANY THIRD PARTY OR GOVERNMENTAL AUTHORITY, AND ALL LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (a) YOUR ACCESS TO OR USE OF THE PLATFORM; (b) YOUR BREACH OF THESE TERMS OR ANY APPLICABLE LAW; (c) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS; (d) YOUR PLAYING OF ANY GAME; OR (e) YOUR ACCEPTANCE OR USE OF ANY PRIZE.

25.2  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHALE AND THE INDEMNIFIED PERSONS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR: (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL; OR (ii) ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID TO WHALE IN THE 30 DAYS IMMEDIATELY PRECEDING THE DATE YOU FIRST ASSERT ANY CLAIM. IF YOU HAVE PAID NOTHING IN THAT PERIOD, YOUR SOLE REMEDY IS TO STOP USING THE PLATFORM AND CLOSE YOUR ACCOUNT.

25.3  Nothing in these Terms limits or excludes Whale's liability for death or personal injury caused directly and proximately by Whale's gross negligence or wilful misconduct. Where applicable law prohibits certain limitations, those limitations will not apply to you to the extent so prohibited. This Clause 25 survives termination of these Terms.

26. Whale Not a Financial Institution

You will not receive interest on any outstanding Prizes. Whale is not a financial institution and should not be treated as one. Whale does not provide tax or legal advice. Customers are encouraged to seek independent professional advice regarding any tax obligations arising from Prize redemptions.

27. Dispute Resolution 

PLEASE READ THIS CLAUSE 27 CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES, WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, AND LIMITS HOW YOU MAY SEEK RELIEF FROM WHALE.

27.1  Governing Law. This Clause 27 is governed by the Federal Arbitration Act.

27.2  Scope. By agreeing to these Terms, you agree that all past, present, and future disputes, claims, or causes of action between you and Whale arising out of or related to these Terms, the Platform, or the Games (“Disputes”) — including questions of arbitrability — will be resolved as set out in this Clause 27.

27.3  Informal Resolution First. Before initiating any arbitration, you agree to notify Whale in writing of the nature of your Dispute and to attempt to resolve it in good faith through the complaints process in Clause 23. Arbitration may only be initiated if your Dispute is not resolved within a reasonable period through that process.

27.4  No Collective Actions. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. NEITHER YOU NOR WHALE MAY BRING OR PARTICIPATE IN A COLLECTIVE ACTION, CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. THE AAA RULES SHALL NOT PERMIT COLLECTIVE ACTIONS. If a court finds this prohibition unenforceable as to a particular claim, that claim must be severed and heard in court; all other claims remain in individual arbitration.

27.5  Opt-Out Right. You have the right to opt out of this arbitration clause by sending written notice, signed by you, to Whale within 30 days of creating your Customer Account. Opting out means neither you nor Whale is bound by this clause. If you do not opt out in time, you are deemed to have accepted it. This Clause 27 survives termination of these Terms.

27.6 Arbitration Procedure. Any Dispute not resolved under Clause 27.3 will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its rules then in effect, which are incorporated by reference into this Clause. The arbitration will: (a) be conducted by a single, neutral arbitrator; (b) be conducted in the English language; (c) be held virtually rather than in person, except by mutual agreement of the parties; and (d) be limited to one deposition per party, except by mutual agreement of the parties. Where neither party's claim or counterclaim exceeds USD $25,000, both parties agree to waive an in-person or virtual hearing and resolve the Dispute solely through written submissions to the arbitrator. No award or procedural order made in the arbitration will be published. Neither party may argue that the AAA is an inconvenient, incompetent, or unauthorized forum, and each party expressly waives any such argument. 

28. Death of a Customer

In the event of the death of a Customer, the Customer's legal representative or executor must notify Whale in writing within 60 days, providing a certified death certificate, legal documentation of authority (such as letters testamentary), and valid government-issued identification. Upon receipt, Whale will restrict Account access. Any Sweep Coins will be redeemed and Prizes transferred to the deceased's estate subject to receipt of legally sufficient documentation. The estate remains liable for any outstanding debts or liabilities incurred prior to Whale's receipt of notice. In the event of a dispute among potential heirs, Whale will take no action until it receives either a valid court order or a written agreement between all disputing parties.

29. General

29.1  Entire Agreement.  These Terms constitute the entire agreement between you and Whale in respect of your Participation and supersede all prior communications, representations, and proposals.

29.2  Amendments.  Whale may amend these Terms at any time. Amendments will be published on the Platform and take effect immediately. Continued use of the Platform constitutes acceptance.

29.3  Tax.  You are solely responsible for any taxes applicable to Prizes you collect or redeem.

29.4  Force Majeure.  Whale will not be liable for any failure or delay in performance caused by events outside its reasonable control.

29.5  No Agency.  Nothing in these Terms creates any agency, partnership, trust, fiduciary relationship, or joint enterprise between you and Whale.

29.6  Severability.  If any provision of these Terms is found invalid or unenforceable, it will be severed and the remaining provisions will continue in full force. The invalid provision will be amended to reflect Whale's original intent as closely as possible.

29.7  Assignment.  These Terms are personal to you and may not be assigned, transferred, or sub-licensed by you without Whale's prior written consent. Whale may assign, transfer, or delegate its rights and obligations without notice to you.

29.8  Business Transfers.  In the event of a merger, acquisition, or sale of assets, your Account and associated data may be transferred to the purchaser. Whale will notify you of your options via email or Platform notice.

29.9  Language.  These Terms may be published in multiple languages for accessibility. The English-language version is the sole legal basis of the relationship; in case of any discrepancy, the English version prevails.

29.10  Notices.  The postcard address in Clause 8.3 is for Sweep Coin requests only. All legal notices and correspondence must be addressed and emailed to support@whale.us.

30. Governing Law

30.1  These Terms, your use of the Platform, and the relationship between you and Whale are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

30.2  Subject to Clause 27, all disputes arising out of or in connection with these Terms shall be submitted exclusively to the courts of the State of Delaware, and the parties irrevocably consent to the venue and personal jurisdiction of those courts.

Version History

Version 1.0  |  07 September, 2026 |  Aligned with the Duane Morris reasoned legal opinion