TERMS & CONDITIONS

1. LEGAL NOTICES

Publisher: The Big Whale

Headquarters: 9, rue des Colonnes, 75002 Paris, France

Email: contact@thebigwhale.io

Capital: €43,250

RCS Paris: 911 651 859

CPPAP: 0624 Z 94960

VAT No.: FR43911651859

Managing Director: Grégory Raymond

Director of Publication: Grégory Raymond

Hosting:

Gandi SAS

63-65 boulevard Masséna

75013 Paris, France

2. DEFINITIONS

For the purposes of these General Terms and Conditions of Sale (hereinafter the "GTC"), the following terms shall have the following meanings:

  • "GTC": these General Terms and Conditions of Sale governing any subscription to The Big Whale Services;
  • "Customer": any corporate client holding an active licence with The Big Whale;
  • "Data": personal data as defined by Regulation (EU) 2016/679 (GDPR);
  • "The Big Whale Newsletter": the free newsletter produced by The Big Whale on topics related to digital assets;
  • "Services": all paid services offered by The Big Whale, including (i) access to the professional web application, (ii) dashboards providing data and analysis on crypto-assets and regulation, (iii) premium editorial content, and (iv) private monthly events known as "Deep Dives";
  • "Subscription": the act by which the Customer subscribes to The Big Whale Services under a licence agreement;
  • "Sites": the website and web application published by The Big Whale and accessible via https://the-big-whale.io/ and its subdomains.

3. PURPOSE

The purpose of these GTC is to define the conditions under which the Customer benefits from the Services. They govern all subscriptions to The Big Whale’s professional offers.

4. ACCESS TO SERVICES

The Services are exclusively intended for professional clients (companies, institutions, professional organizations).

The Customer warrants that it has the legal capacity and authority to subscribe to The Big Whale Services on behalf of the entity it represents.

The Big Whale reserves the right to cancel any Subscription that contains incomplete or erroneous information. Services are only accessible to Customers who comply with these GTC and with the Site’s General Terms of Use.

5. SERVICE OFFERS

The Big Whale offers two categories of content:

  1. Free content:
    • The Big Whale Newsletter, accessible free of charge and sent weekly by email.
  2. Professional subscription (licence-based):
    • Access to The Big Whale’s web application;
    • Access to premium editorial content and databases;
    • Access to interactive dashboards presenting data and analyses on crypto-assets;
    • Privileged access to private monthly events (“Deep Dives”);
    • Customer support and dedicated account management.

Validation of the Subscription requires:

  • verification by the Customer of the Subscription details and total price;
  • express acceptance of these GTC;
  • secure payment of the Subscription.

The Big Whale will then send the Customer a confirmation email.

6. PRICE OF SERVICES

The prices of the Services are expressed in euros and cover the production of editorial content, data analysis and the organization of events by The Big Whale.

The applicable rates are communicated directly to the Customer during the subscription process, depending on the type of licence and the number of users.

The Big Whale may change its rates at any time. The applicable prices are those in effect on the date of subscription.

Validation of the Subscription commits the Customer to full payment of the Services.

7. PAYMENT FOR SERVICES

Payment for the Services is made online, securely, by one of the following methods:

  • by credit card (Visa, Mastercard, American Express, etc.) via our partner Stripe,
  • by bank transfer,
  • by cryptocurrencies.

Payment data is processed securely. No banking data is stored on The Big Whale servers.

8. IMPLEMENTATION OF SERVICES

Once the Subscription has been validated and payment confirmed, the Customer receives access credentials to the web application and Services within a maximum of five (5) business days.

The Newsletter remains accessible independently of the Subscription.

9. TERMINATION – RENEWAL – WITHDRAWAL

  • Subscriptions are concluded under the terms of sale specified in the invoice related to the subscription.

10. CLAIMS – DISPUTES

Any claims relating to the Services must be sent to contact@thebigwhale.io.

In the event of a dispute, the parties shall make every effort to find an amicable solution. Failing that, exclusive jurisdiction is given to the courts of Paris, France.

11. LIABILITY

The Big Whale undertakes to provide the Services in accordance with the Subscription.

Its liability is limited to the provision of the Services as defined herein.

The information provided (newsletters, dashboards, analyses, events) is informational in nature and does not constitute financial, legal or investment advice.

The Big Whale cannot be held liable for indirect damages (loss of profits, business interruption, data loss, etc.).

12. INTELLECTUAL PROPERTY

All content provided by The Big Whale (texts, data, dashboards, graphics, logos, photographs, videos, sounds, etc.) is protected by intellectual property rights and remains the exclusive property of The Big Whale.

The Customer is granted a non-transferable, revocable and non-exclusive licence to access and use this content strictly for its internal purposes.

Any reproduction, distribution or disclosure to third parties without prior written consent is strictly prohibited.

13. PERSONAL DATA

In the course of providing the Services, The Big Whale processes certain personal data (professional contact details of Customer representatives).

Such data is processed in accordance with the GDPR for the following purposes:

  • management of subscriptions;
  • provision of the Services;
  • communication about similar services and satisfaction surveys.

Data is kept for the duration of the Subscription, and up to three (3) years thereafter for prospecting purposes.

The Customer may exercise its rights (access, rectification, opposition, deletion, restriction, portability) by writing to contact@thebigwhale.io.

It may also lodge a complaint with the CNIL (www.cnil.fr).

14. EVIDENCE AND ARCHIVING

Computerized records kept by The Big Whale under reasonable security conditions shall constitute proof of communications, orders and payments.

15. ENTIRETY – PARTIAL INVALIDITY – APPLICABLE LAW

These GTC, together with the General Terms of Use and the Privacy Policy, constitute the entire agreement between The Big Whale and the Customer.

If any provision is declared invalid, the remaining provisions shall remain fully applicable.

These GTC are governed by French law.

16. DURATION – AMENDMENTS

These GTC take effect upon publication and remain applicable until replaced by a new version.

The Big Whale reserves the right to amend the GTC at any time. The applicable version is the one in force at the time of subscription.

‍