Legal
Terms & Conditions
The rules that apply when you use this website, buy a licence, or take part in the community board.
Read with the EULA. These terms cover this website and your general dealings with us. The End User Licence Agreement covers the software itself and governs if the two overlap on licensing questions.
1. Agreement to terms
By browsing this site, creating an account, posting on the community board or purchasing a licence, you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it.
If you do not accept these terms, do not use the site.
2. Accounts
You are responsible for the accuracy of your account details and for keeping your credentials secret. You are responsible for activity under your account.
We may suspend or close an account that is used for abuse, fraud, or in breach of the acceptable use rules below. Where practical we will tell you why.
3. Orders and pricing
Prices shown are in US dollars unless stated otherwise, and exclude any local taxes you may owe. We may change prices at any time, but a change never applies retroactively to a licence you have already paid for.
Add-ons priced per year renew annually unless cancelled. If a renewal fails and is not corrected, the add-on stops and its features are disabled — your data is preserved.
Where a charge was made in error we will refund it. Statutory refund rights in your jurisdiction are unaffected by this section.
4. Acceptable use
Do not use this site or the software to:
- Break any law, or help someone else break one.
- Process stolen devices, or provide unlocking services you are not lawfully entitled to provide.
- Attack, scan, overload or attempt to gain unauthorised access to our systems or another customer's installation.
- Scrape the site, resell our content, or misrepresent yourself as GsmWhale or an authorised reseller.
Whether a particular unlocking or repair operation is lawful depends on your jurisdiction and the provenance of the device. That determination is yours to make; we provide the tool, not the legal cover.
5. Community board
The feature request and bug board is public. Anything you post there can be read by anyone, so do not include credentials, customer data or anything commercially sensitive.
You keep ownership of what you post, and grant us a licence to display and act on it. We may edit or remove posts that are abusive, unlawful, off-topic or that disclose someone else's data — including your own customer's.
Upvotes and roadmap position are indicative, not a commitment to build anything.
6. Intellectual property
The GsmWhale name, logo, this website and the unmodified software are our property and protected by copyright and trademark law. Your licence to use the software is set out in the EULA.
Third-party brand names and marks referenced on this site — including payment gateway and supplier logos — belong to their respective owners and are used for identification only. Their presence does not imply a partnership or endorsement unless we say so explicitly.
7. Third-party services
Connecting a payment gateway, supplier API or messaging provider is an agreement between you and that provider. We do not control their availability, their fees or their terms and cannot be responsible for their decisions.
8. Availability
This marketing website is provided as-is and we may change or remove any part of it at any time. Availability commitments for the software and add-ons, where any are offered, are stated in the Support Agreement — not here.
9. Liability
To the maximum extent permitted by law, our total liability arising from your use of this website is limited to the greater of the fees you paid us in the previous twelve months, or fifty US dollars.
We are not liable for indirect or consequential loss, including lost profits or lost business opportunity. Nothing here excludes liability for fraud, death or personal injury caused by negligence, or anything else that cannot lawfully be limited.
10. Governing law
These terms are governed by the laws of the jurisdiction in which GsmWhale is established, without regard to conflict-of-law rules. Before starting formal proceedings we ask that you raise the dispute with us directly — the overwhelming majority are resolved in a single conversation.
If any clause is found unenforceable, the rest of these terms remain in force.
11. Contact
Questions about these terms: Contact us.