Terms of Use, Privacy Policy & Risk Disclosure

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These Terms of Use and Privacy Policy (together, the “Terms”) govern your access to and use of Whales Sonar (the “Service”), operated by the team behind whales-sonar.com (“we”, “us”, “Whales Sonar”). By connecting a wallet, signing the acceptance message, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Whales Sonar is a software interface that lets you simulate (“paper”), in a free no-deposit simulator, or replicate (“live”) the perpetual-futures positions of selected third-party traders on the Hyperliquid exchange and on builder-deployed (HIP-3) markets surfaced through it. The Service is a tool only: it does not operate, control, or custody the Hyperliquid protocol, which is a decentralized venue run by an independent set of validators. The Service is currently in beta, access is invitation-only, and features may change, break, or be discontinued without notice.

2. Eligibility & restricted persons

Access is limited to eligible persons. By using the Service you represent and warrant that you meet all of the criteria below, on every date you use the Service, and you agree to stop using it immediately if any ceases to be true.

• Age & capacity. You are at least 18 years old and have full legal capacity to enter into these Terms, on your own behalf or with authority to bind the entity you represent.
• No U.S. persons on perpetual futures or live trading. The Service replicates perpetual-futures positions. If you are a U.S. Person, you must not access or use live (real-money) trading or any perpetual-futures feature of the Service; only the free, no-deposit simulator (which places no real orders) is available to you, for informational purposes. A “U.S. Person” means, without limitation, a U.S. citizen or resident, a U.S. lawful permanent resident (green-card holder), any entity organized or incorporated in the United States, or any person otherwise subject to U.S. jurisdiction or taxation. The same restriction applies to any other “Perpetual Futures Prohibited Jurisdiction”, meaning any jurisdiction where perpetual-futures trading is prohibited or would subject us to registration or licensing requirements.
• Prohibited Jurisdictions. You are not located in, resident in, a citizen of, or an entity organized under the laws of, any Prohibited Jurisdiction. Prohibited Jurisdictions include, without limitation, Cuba, Iran, North Korea, Syria, Russia, Belarus, and the Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia regions of Ukraine, together with any country or territory subject to comprehensive economic sanctions or embargoes by the United States, the United Nations, the European Union, the United Kingdom, or Switzerland, and any jurisdiction where using the Service would be unlawful.
• Sanctions & screening. Neither you nor any person on whose behalf you act is (i) the subject of sanctions administered by OFAC (the U.S. Office of Foreign Assets Control), the UN, the EU, the UK, or Switzerland, (ii) listed on any sanctions or denied-persons list (including OFAC’s Specially Designated Nationals list), or (iii) a politically exposed person acting in that capacity. You will not use the Service to violate, or to help anyone violate, any sanctions, anti-money-laundering, or counter-terrorist-financing law.
• Your responsibility for legality. You are solely responsible for determining whether your access to and use of the Service, including leveraged, derivative, perpetual-futures, tokenized-equity and other builder-deployed markets, is lawful in your jurisdiction, and you represent that it is. You must not use any VPN, proxy, or other method to disguise your location or to evade any access restriction, eligibility check, or sanctions screening.
• Identity verification (KYC/AML). We may, at our sole discretion and at any time, require you to complete identity-verification, source-of-funds, or other due-diligence checks (Know-Your-Customer, anti-money-laundering, counter-terrorist-financing), and we may suspend or restrict your access until they are completed to our satisfaction or where required by law.

3. Non-custodial by design

• We never hold, receive, or transfer your funds. Your funds remain on your own Hyperliquid account at all times.
• To trade live, you authorize an agent (API) wallet. By Hyperliquid’s own design this wallet can place orders but is technically unable to withdraw or transfer your funds. The agent key is generated on our side and held encrypted; it is never shown to you or anyone else and only signs orders for your account.
• You can revoke the agent on Hyperliquid, or disconnect it in Settings, at any time, which immediately stops live trading on that account.

4. Whale selection is information, not advice

Scores, rankings, statistics and the “Top” lists shown in the Service are produced algorithmically from public on-chain data and are provided for informational purposes only. They are not a recommendation, solicitation, or endorsement to copy any particular trader, and they do not account for your personal circumstances, objectives, or risk tolerance. A high score does not predict future performance. You are solely responsible for deciding which trader to copy, how much capital to allocate, and what risk settings to use.

5. Fees, the builder fee

• The Service is free to use during the beta. However, on live (real-money) trading, each order placed on your behalf carries a Hyperliquid “builder fee” that is routed to us. The current rate is 4.5 basis points (0.045%) per executed order (applied on both opening and closing fills), the same order of magnitude as Hyperliquid’s own taker fee, and never more than the on-chain maximum (0.1% on perps).
• This fee is billed on-chain by Hyperliquid, in addition to Hyperliquid’s own trading fees, and applies to live trading only, never to paper mode. You authorize it once with a single wallet signature (an approveBuilderFee action); you can revoke that authorization on Hyperliquid at any time, which stops the fee (and the ability to attach it).
• The fee is a cost of trading and reduces your net returns; for high-turnover strategies it can be material. You acknowledge and accept this fee as a condition of using live mode.
• We may change the fee rate prospectively; any change will be reflected here and you will be asked to re-authorize if required by Hyperliquid.

6. Your responsibilities

• You are solely responsible for all trading decisions made through your account, including enabling live mode, the capital you allocate, your stop-loss / take-profit settings, and your Hyperliquid account configuration (e.g. account mode, collateral, leverage).
• You are responsible for complying with Hyperliquid’s own terms and for any taxes arising from your activity. We make no representations about your tax obligations.
• You are responsible for securing your wallet, private keys, password, and 2FA device. Actions performed from your authenticated session or signed by your wallet are deemed yours.

7. Prohibited activities

You agree not to, and not to assist anyone else to: (a) use the Service for any unlawful purpose, money laundering, sanctions evasion, or fraud; (b) manipulate markets, including wash trading, spoofing, or misuse of non-public information; (c) attack, overload, reverse-engineer, or interfere with the Service or its infrastructure, or exceed reasonable rate limits; (d) infringe our or any third party’s intellectual-property or other rights; or (e) circumvent any access restriction, eligibility check, or security measure.

8. No warranty & assumption of risk

The Service is provided “as is” and “as available”, on a best-effort basis, without warranties of any kind (including merchantability, fitness for a particular purpose, accuracy, availability, or non-infringement). Order execution depends on third parties (Hyperliquid, oracles, blockchain and network infrastructure) that we do not control. Copying has inherent latency: your fills, sizes, prices, and timing will differ from the whale’s, and orders may be delayed, partially filled, skipped, or rejected. You assume all risks of using the Service, including those described in the risk disclosure above, smart-contract or oracle failures, liquidation, slippage, regulatory changes, and loss of access.

9. Limitation of liability & indemnity

To the maximum extent permitted by law, we (and our contributors and operators) will not be liable for any indirect, incidental, special, consequential, or exemplary damages, nor for any trading losses, liquidations, lost profits, or loss of data, arising from or relating to your use of the Service or your interaction with Hyperliquid through it. Where liability cannot be excluded, our total aggregate liability is limited to the greater of the amount you paid us for the Service in the preceding 12 months (zero during the free beta) or USD 100. You agree to indemnify and hold us harmless from claims arising out of your use of the Service, your breach of these Terms, or your violation of any law or third-party right.

10. Privacy Policy

What we collect

• Wallet & account data: your wallet address (for wallet sign-in), your Hyperliquid master address, your agent (API) wallet address, and, for the email/paste flow, an API-wallet private key stored encrypted at rest (libsodium). If you sign up with email, your email address (stored encrypted) and authentication data (operated by Supabase).
• Acceptance record: the wallet signature, version, and timestamp of your acceptance of these Terms.
• Operating data: the bot’s activity for your account (positions mirrored, P&L, equity history, settings) and basic server logs (IP, timestamp, user-agent) used for security, abuse-prevention, and to assess eligibility.
• Public blockchain data: positions and trades on Hyperliquid are public by the nature of the venue and are outside our control.

Why & how we use it

We process this data to provide and operate the Service, to keep it secure and prevent abuse, to comply with legal obligations, and to produce aggregated, anonymized statistics. We do not sell your personal data. We share data only with service providers strictly necessary to run the Service (e.g. authentication, hosting, infrastructure), or where required by law.

Retention, your rights & cookies

• We retain data only as long as needed to provide the Service or meet legal requirements. Disconnecting Hyperliquid removes your stored key immediately; for full account deletion, contact us and we will erase your personal data within 30 days, subject to any legal retention duties.
• Depending on your jurisdiction, you may have rights to access, correct, delete, restrict, or port your personal data, or to object to processing. To exercise them, contact us (below).
• Cookies: we use only what is strictly necessary for authentication and session management (local session storage). No advertising or third-party tracking cookies.

This Privacy Policy takes into account the personal-data-protection principles of the Republic of Panama (including Law No. 81 of 2019 on Personal Data Protection) and, where they apply to you, other applicable data-protection laws such as the EU/UK GDPR.

11. Governing law & disputes

These Terms, and any dispute arising out of or relating to them or the Service, are governed by and construed in accordance with the laws of the Republic of Panama, without regard to its conflict-of-law rules.

Informal resolution first. Before starting any arbitration, you agree to contact us in writing and to attempt to resolve the dispute informally for at least thirty (30) days from the date of that notice.

Binding arbitration. If the dispute is not resolved, it will be finally settled by binding arbitration on an individual basis, conducted in English before a single arbitrator, with the seat (legal place) of arbitration in Panama unless we agree otherwise. The arbitrator may grant any remedy that would be available in court, and judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own legal costs and shares the arbitration costs equally, except as the arbitrator or applicable law determines otherwise.

Class-action waiver. To the fullest extent permitted by law, disputes will be resolved on an individual basis only, and you and we waive any right to bring or participate in a class, collective, consolidated, or representative action. If the agreement to arbitrate is held unenforceable, the courts of Panama will have jurisdiction; this class-action waiver survives.

12. Changes, termination & contact

We may update these Terms; the version and “last updated” date above will change, and material updates may require you to re-accept before continuing live trading. Continued use after a change constitutes acceptance. You may stop using the Service at any time (stop the bot, disconnect, or delete your account). We may suspend or terminate access for users who breach these Terms, abuse or attack the Service, or where required by law. For any question, privacy request, or notice, contact us through the app’s support channel or the contact details published on whales-sonar.com.

13. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so is void. We may freely assign or transfer these Terms, in whole or in part, including to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

14. Force majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor conditions, governmental or regulatory action, changes to or failures of the Hyperliquid protocol, blockchain, oracle, or network infrastructure, internet or power outages, cyber-attacks, or failures of third-party services on which the Service depends.

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