Legal
End User Licence Agreement
The terms under which you may install, run and modify GsmWhale on your own infrastructure.
This is a plain-English summary of the agreement, not a substitute for it. It is written so you can read it without a lawyer and know what you are agreeing to. Where the summary and the numbered clauses differ, the clauses govern.
1. Licence grant
Subject to payment of the applicable fee and to this agreement, GsmWhale grants you a non-exclusive, non-transferable, worldwide licence to install and run one copy of the software per licensed installation on infrastructure you own or control.
A "licensed installation" means a single deployment serving one panel, whether or not it is split across multiple servers for load or redundancy. Each additional deployment requires its own licence unless your plan states otherwise.
You may modify the source for your own internal use, including adding or removing features, provided you do not redistribute the modified software as a competing product.
2. Restrictions
You may not:
- Resell, sublicense, rent or lease the software as a standalone product, except through the official reseller or distributor programme.
- Remove, obscure or alter copyright, licence or attribution notices in the source or admin interface.
- Distribute the software, in original or modified form, to parties outside your organisation.
- Use the software to facilitate transactions that are unlawful in your jurisdiction or in the jurisdiction of your customer.
- Circumvent licence validation, or share licence keys between installations.
3. Add-ons and modules
Add-ons are licensed per installation and, where stated, per year. An add-on licence is tied to the installation it was issued for and does not transfer automatically if you migrate or clone the panel.
Disabling or not renewing an add-on does not delete its data. Your records remain in the database and the add-on can be re-enabled later — we will not hold your data hostage to a subscription.
Third-party integrations (payment gateways, supplier APIs) are governed by their own terms. We are not a party to those agreements and cannot override them.
4. Updates and support
Your licence includes updates within the major version you licensed. Major version upgrades may be offered at an additional fee, which will always be stated before purchase rather than sprung on you.
Support scope, response targets and covered channels are set out in the Support Agreement, which forms part of this agreement by reference.
5. Your data
You own your data — orders, customers, catalogue, invoices and everything else the panel stores. We do not claim a licence over it and we do not access it except where you ask us to for support, or where we are legally compelled to.
Because GsmWhale runs on your infrastructure, backup and retention are your responsibility unless you have purchased the Auto Backup add-on or a managed plan that states otherwise in writing. How personal data is handled is described in our Privacy Policy.
6. Warranty and liability
The software is provided "as is". We warrant that we have the right to license it and that it will perform substantially as described in the documentation, but we do not warrant that it will be uninterrupted or error-free, or that it will meet every requirement you have — which is why the free version exists and why we answer pre-sale questions before you pay.
To the maximum extent permitted by law, our total liability under this agreement is limited to the fees you paid in the twelve months before the claim. We are not liable for lost profits, lost orders, or indirect and consequential losses.
Nothing in this agreement excludes liability that cannot lawfully be excluded.
7. Term and termination
This agreement runs for as long as you use the software. It terminates automatically if you materially breach it and do not remedy the breach within thirty days of notice.
On termination you must stop using the software and remove it from your infrastructure. Clauses covering restrictions, liability and governing law survive termination.
Refunds are governed by the plan you purchased and the consumer law of your jurisdiction, which we do not attempt to contract out of.
8. Contact
Questions about this agreement, or a request for a signed copy for your procurement records — reach us via the Contact page. We are happy to discuss enterprise or distributor terms that differ from the above.