Deepwhale

Terms of Service (Version 3.0)

Last updated: August 5, 2025

These Terms of Service ("Terms") govern the contractual relationship between Mingard Informatik, trading as Deepwhale.io and domiciled in Switzerland ("Deepwhale.io", "we" or "us"), and every person ("User" or "you") who creates an account on, or otherwise uses, our platform and the related services (collectively, the "Service"). By creating an account or using the Service you accept these Terms as well as our separate Privacy Policy in full.

1. Scope of Service

1.1 Description of Service. Deepwhale.io is a Software-as-a-Service (SaaS) platform that provides automated market-analysis and monitoring tools for business customers. The Service includes in particular:

  • Automated creation of company profiles by extracting data from publicly accessible websites;
  • Automated PEST analyses (Political, Economic, Socio-cultural, Technological);
  • Monitoring of the online activities of stakeholder entities defined by the User; and
  • Aggregation of public tenders from third-party platforms (e.g. SIMAP, TED) based on the search criteria specified by the User.

1.2 Ongoing Development. The Service is continuously evolving. We reserve the right to modify, expand or restrict its functionality at any time.

2. Third-Party Data & Fundamental Disclaimer

2.1 Nature of the Service. The core of the Service is the automated collection, aggregation and algorithmic processing of data originating from publicly accessible third-party sources. We do not create this content ourselves.

2.2 No Warranty for Data Integrity. Deepwhale.io gives no warranty or guarantee and accepts no liability for the accuracy, completeness, timeliness, legality or availability of the data aggregated from third-party sources or for the analyses derived from those data.

2.3 User Responsibility. The information and analyses provided by the Service constitute neither business, legal nor investment advice. They are provided for information purposes only. You are solely responsible for verifying all information relevant to your business decisions at the original sources and for conducting your own due-diligence review.

2.4 Limitation of Liability. Deepwhale.io is not liable for direct or indirect damages (including loss of profit or data) resulting from reliance on information that may be erroneous or incomplete.

3. Use of the Service & User Obligations

3.1 Purpose Limitation. The Service may be used solely for its intended purpose of market and competitor analysis.

3.2 Prohibited Use. You must not:

  • use the Service or data obtained from it for illegal activities;
  • de-compile, reverse-engineer or otherwise attempt to extract the source code of the underlying software (frontend or backend crawlers);
  • systematically copy raw data aggregated by the Service and resell it to third parties or build a competing service with it; or
  • impair the operation of the Service by excessive requests or by introducing harmful code.

3.3 Account Security. You are responsible for keeping your login credentials (e-mail and password) confidential and for all activities that occur under your account.

4. Subscriptions & Payment

4.1 Subscription Model. The Service is offered on a subscription basis and your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.

4.2 Cancellation. You may cancel your subscription at any time from your account settings or by contacting us. The cancellation becomes effective at the end of the current billing period; no refunds are provided for partial billing periods.

5. Data Protection & Storage

5.1 Applicable Law and Privacy Policy. The processing of personal data is governed by the Swiss Federal Act on Data Protection (nDSG). Our practices regarding the collection, use and storage of your data are set out in our separate Privacy Policy, which forms an integral part of these Terms.

5.2 Minimal Data Collection. To create and manage your account we collect and store only your e-mail address. We do not request any other personal data from you.

5.3 Server Location and Data Transfers. You acknowledge and agree that your data, including your e-mail address and any profile data you enter, are stored and processed on servers of our hosting partner (Google Cloud Platform) in the Netherlands (EU). The transfer to the EU is permissible under Swiss law because the EU provides an adequate level of data protection. Further details on our subprocessors and the security measures taken can be found in our Privacy Policy.

6. Intellectual Property

6.1 Ownership of Deepwhale.io. The software, design, trademarks (in particular "Deepwhale.io") and all other components of the Service are and remain the exclusive intellectual property of Mingard Informatik.

6.2 Third-Party Content. Deepwhale.io claims no ownership over content aggregated from third-party platforms. All rights in such content remain with their respective owners.

6.3 User License. You receive a non-exclusive, non-transferable right to use the analyses and processed data generated through the Service for your internal business purposes during the term of your subscription.

7. Availability

Deepwhale.io endeavours to provide high availability of the Service but cannot guarantee uninterrupted or error-free operation. Access may be temporarily restricted, in particular during maintenance, security updates or events beyond our control (e.g. outages of third-party platforms).

8. Limitation of Liability

To the extent permitted under Swiss law, any liability of Deepwhale.io for slight and moderate negligence is excluded. Liability for indirect and consequential damages (such as loss of profit, reputational damage or data loss) is fully excluded. This limitation does not apply to damages arising from injury to life, body or health, or in cases of intent or gross negligence.

9. Final Provisions

9.1 Governing Law. These Terms and the entire contractual relationship are governed exclusively by substantive Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws provisions of private international law.

9.2 Jurisdiction. The exclusive place of jurisdiction for all disputes is Zurich, Switzerland.

9.3 Severability. Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

Contact

Mingard Informatik
Anemonenstrasse 42, 8047 Zurich
UID: CH-020.1.103.175-5
hello@deepwhale.io