WHALE LOCATOR
Live Community Sightings Network
Terms of Use
Version 3.1 • Effective Date: April 14, 2026
Live Community Sightings Network
Version 3.1 • Effective Date: April 14, 2026
Welcome to Whale Locator, a community-powered platform for reporting and tracking whale and marine mammal sightings across the Salish Sea. Whale Locator is operated by Melonping (“we,” “our,” or “us”).
By creating an account, accessing, or using the Whale Locator platform at www.whalelocator.com, through our iOS or Android mobile applications, or through any other means (collectively, the “Service”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you must not use the Service.
We reserve the right to update these Terms at any time. Material changes will be communicated via the platform, push notification, or email. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. If you disagree with any changes, your sole remedy is to stop using the Service and delete your account.
All accounts require email verification and administrator approval before access is granted. We support registration via email and password, Google Sign-In, and Apple Sign-In. We reserve the right to deny or revoke access to any account at our sole discretion. You agree to provide accurate and complete registration information.
You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized use. We are not liable for any loss arising from unauthorized access to your account.
Accounts are assigned roles (User, Content Admin, or Master Admin) at the discretion of our administrators. Role assignments determine feature access and moderation capabilities. Role privileges may be adjusted at any time without notice.
When submitting a sighting report, you agree to provide accurate, good-faith information to the best of your ability, including species identification, count, location, direction of travel, behaviour, and observation source (shore or boat). GPS location is required for all sighting submissions. Sighting times may be set up to six hours in the past to accommodate delayed reporting.
You may edit or delete your own sighting reports within 15 minutes of submission. After this window, modifications can only be made by an administrator. Administrators may edit, approve, reject, or remove any sighting at any time.
Registered users may submit species identification suggestions for unconfirmed automated sightings. Suggestions include the proposed species, observation source, and optional supporting details such as photographs and notes. Administrators review suggestions and may accept them to confirm the sighting. Accepted suggestions earn the contributing user tier points. Suggestions are stored separately from sighting data and may be removed by administrators at any time.
Whale Locator’s backend generates automated sighting reports when multiple whale-watching vessels cluster in the same area, indicating probable whale activity. Automated sightings are marked as unconfirmed and require human verification. Where a prior confirmed sighting exists nearby, the automated report may inherit species, count, and identification data from that earlier report. Automated sightings are provided for informational purposes and do not represent confirmed observations.
Whale Locator provides species identification guidance as an educational tool only. Species identification via the platform is not a substitute for confirmation by a trained researcher or naturalist. Users are encouraged to include notes, photographs, and individual identification codes where possible.
By uploading photographs with a sighting report, you grant Melonping a non-exclusive, royalty-free, worldwide licence to display, reproduce, and distribute the photograph within the Service and for conservation, research, and promotional purposes. You represent that you own the photograph or have the right to grant this licence.
Vessel, marine animal, and observer locations displayed on the Service are approximate and may be delayed, inaccurate, or incomplete. They are provided for informational and conservation purposes only and are not intended for navigational, commercial, or safety-critical use. Reporter positions are derived from device GPS and may be imprecise; sighting positions reflect the reporter’s best estimate of where the animal was observed, not where it currently is; and vessel positions are derived from third-party AIS data subject to the limitations described in §5.
Whale Locator’s Encounter feature groups multiple individual sighting reports—both automated and user-submitted—into a single tracked encounter representing a pod or individual’s movement across time and space. Encounters are created and managed by administrators using mapping tools within the platform.
When sightings are grouped into an encounter, individual map markers are replaced by a track line showing the animal’s path. A summary banner appears on each linked sighting’s detail card and is visible to all users. Encounter detail information, including timelines, vessel interactions, and administrative tools, is accessible to administrators only.
Encounter data is derived from linked sightings and is subject to the same accuracy disclaimers as individual sighting reports. Encounter groupings may be modified or dissolved by administrators at any time.
Whale Locator displays real-time Automatic Identification System (AIS) vessel positions sourced from third-party data providers. This data is provided for informational and conservation purposes only.
Whale Locator may embed or link to third-party webcam and hydrophone streams from conservation partners, research organisations, and public sources. These streams are provided for educational and observational purposes.
We do not operate or control these streams. Availability, quality, and content are determined by the third-party operators. Some streams may be seasonal or subject to equipment outages. Embedded content is displayed under the respective operator’s licence terms, which may include restrictions on commercial use.
Whale Locator displays weather, wind, wave, and radar data sourced from Environment and Climate Change Canada (ECCC), the National Oceanic and Atmospheric Administration (NOAA), and the National Data Buoy Center (NDBC). Marine forecasts are sourced from ECCC forecast zones.
Weather data is provided for general informational and planning purposes only. It may be delayed, incomplete, or inaccurate. Do not rely on weather data displayed on the platform for marine safety decisions. Always consult official marine weather sources before going on the water.
Regulatory information displayed on the platform is provided for educational and awareness purposes only. It may not be current, complete, or applicable to your specific situation. Penalties for violating marine mammal approach regulations may reach $250,000 under Canadian law. It is your sole responsibility to know and comply with all applicable federal, provincial, state, and local laws and regulations.
Whale Locator offers optional push notifications to alert you when new sightings are reported within geographic zones you select.
To receive notifications, you must grant notification permissions on your device and select one or more notification zones within your account settings. Available zones cover predefined geographic areas of the Salish Sea. You may modify or disable your notification preferences at any time.
Notifications may be throttled (limited to one per zone within a five-minute window) to prevent excessive alerts. We do not guarantee the timeliness, delivery, or accuracy of push notifications. Notification functionality depends on third-party services that are outside our control. Your device token is stored securely and used solely for delivering sighting notifications. Tokens are automatically cleaned up if they expire or become invalid.
Premium subscriptions are available as monthly or annual plans. Pricing is displayed in the app at the time of purchase and may vary by platform and region. Subscriptions are processed through the Apple App Store (for iOS) or Google Play Store (for Android) via our payment partner, RevenueCat.
Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. Payment is charged to your Apple ID or Google Play account at confirmation of purchase. You may manage or cancel your subscription through your device’s app store settings.
Refund requests are handled by the Apple App Store or Google Play Store in accordance with their respective refund policies. Melonping does not process refunds directly for in-app subscriptions.
Consumers in the European Union, European Economic Area, and United Kingdom: you have a statutory right to withdraw from a subscription contract within 14 days of purchase without giving any reason, in accordance with Directive 2011/83/EU (Consumer Rights Directive) and, for UK consumers, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To exercise this right, contact us at contact@whalelocator.com or request a refund through your app store within the withdrawal period.
By subscribing and beginning to use the paid features, you expressly request that performance of the subscription service begin immediately and acknowledge that you will lose your right of withdrawal once the digital content has been supplied and performance has begun with your consent. If you cancel during the withdrawal period before performance has begun, a full refund will be issued. If you cancel after performance has begun, the withdrawal right no longer applies, and cancellation will take effect at the end of the current billing period without a partial refund.
We reserve the right to change subscription pricing, features, or availability at any time. Existing subscribers will be given reasonable notice of material changes. Price changes take effect at the next renewal period.
You agree not to use the Service to:
Sighting reports submitted through the Service contribute to a shared, community-driven dataset. By submitting a sighting, you grant Melonping a perpetual, non-exclusive, royalty-free licence to use, aggregate, anonymise, and share sighting data for research, conservation, enforcement, educational, and platform improvement purposes.
We share sighting data and confidence-weighted infraction-related reporting data with our partner organisations, which include but are not limited to:
Data shared with partners may include sighting details, timestamps, approximate reporter locations, vessel tracking data, encounter tracks, and aggregated behavioural patterns. Personal user information (name, email, phone) is not shared with partners unless required by law or with your explicit consent.
By submitting any content to the Service—including sighting reports, photographs, species identification suggestions, chat messages, notes, and any other material (“User Content”)—you grant Melonping a perpetual, irrevocable, non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Service and for research, conservation, enforcement, educational, and promotional purposes.
You represent and warrant that you own or have the necessary rights to all User Content you submit and that your User Content does not infringe the intellectual property, privacy, or other rights of any third party. You retain ownership of your User Content, subject to the licence granted above.
Your privacy is important to us. Our collection, use, storage, and sharing of personal information is governed by our Privacy Policy, available at:
www.whalelocator.com/privacy.html
By using the Service, you acknowledge that you have read and agree to the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.
The Whale Locator platform, including its design, code, logos, and branding, is the property of Melonping and is protected by applicable intellectual property laws. The Whale Locator name, logo, and associated marks are trademarks of Melonping.
The platform incorporates third-party components and data sources used in accordance with their respective licences, including but not limited to: Leaflet (mapping library), CARTO and Esri (map tiles), OpenSeaMap (nautical overlay), Flagpedia (country flags), Google Noto Emoji (licensed under CC BY 4.0), Environment and Climate Change Canada (weather data), NOAA and NDBC (weather and buoy data).
Melonping respects the intellectual property rights of others. If you believe that content on the Service infringes your copyright, you may submit a takedown notice to our designated agent with the following information:
Takedown notices should be sent to contact@whalelocator.com with the subject line “Copyright Takedown Notice.” We will review and respond to valid notices in accordance with applicable law, including the U.S. Digital Millennium Copyright Act (DMCA) and Canadian copyright law. Content that is the subject of a valid takedown notice will be removed or disabled promptly. Repeat infringers may have their accounts terminated.
The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Sighting reports are submitted by community members and generated by automated systems. They are not independently verified by Melonping. We do not guarantee the accuracy, completeness, timeliness, or reliability of any sighting report, encounter track, species identification, vessel position, weather data, or regulatory information displayed on the platform.
The Service is not a navigational tool. AIS vessel positions, sighting and observer positions, map data, weather layers, and regulatory zone boundaries are provided for informational and conservation purposes only and must not be used for marine navigation, collision avoidance, commercial decision-making, or any safety-critical purpose.
Nothing on this platform constitutes legal, scientific, or professional advice. Species identifications are provided for educational purposes only. Regulatory information may be outdated or incomplete. Weather data may be delayed or inaccurate. Consult official sources for current regulations and marine weather conditions.
To the maximum extent permitted by applicable law, Melonping and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, personal injury, or property damage arising from your use of or inability to use the Service.
In particular, Melonping assumes no liability for any harm to marine life, legal penalties, or enforcement actions that may arise from a user’s reliance on sighting data, encounter tracks, vessel positions, weather data, or regulatory information displayed on the platform.
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Melonping and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your violation of these Terms, your violation of any applicable law or regulation, or your infringement of any third-party rights.
We reserve the right to review, edit, approve, reject, or remove any content on the platform, including sighting reports, photographs, species identification suggestions, encounter groupings, and chat messages, at our sole discretion and without notice.
We may suspend, restrict, or permanently terminate your account at any time, with or without cause and with or without notice, including for violations of these Terms, submission of fraudulent data, harassment of other users, or any conduct we determine to be harmful to the community or the mission of the platform.
Upon termination, your right to access the Service ceases immediately. Any active subscription will not be refunded for the remainder of the billing period, though you may continue to use the Service until the end of the paid period at our discretion. Previously submitted sighting data may be retained in anonymised form. Termination does not relieve you of obligations incurred before termination.
You may request deletion of your account at any time through the account settings within the app or by contacting us at contact@whalelocator.com. Upon receiving a verified deletion request, we will:
You may also request a copy of your personal data by contacting us at contact@whalelocator.com. We will provide your data in a commonly used, machine-readable format within 30 days of a verified request. These rights are provided in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial and state privacy legislation.
Whale Locator is available as a native application for iOS (via the Apple App Store) and Android (via the Google Play Store). The mobile applications are WebView wrappers that load the Whale Locator web platform. These Terms apply equally to use of the Service through the website and through the mobile applications.
Mobile applications may request device permissions including location access (for sighting reporting and notification zone functionality), push notification permissions, and camera access (for sighting photographs). Granting these permissions is optional but may be required for certain features.
Your use of the mobile applications is also subject to the terms and conditions of the Apple App Store or Google Play Store, as applicable. In the event of a conflict between these Terms and the app store terms, the app store terms shall prevail with respect to the app store’s own services.
The Service may contain links to third-party websites, including DFO regulatory pages, Be Whale Wise resources, webcam and hydrophone operators, weather data providers, and external data sources. These links are provided for convenience and do not imply endorsement. We are not responsible for the content, accuracy, or availability of third-party resources.
The Service relies on third-party infrastructure and services. Interruptions or changes to these third-party services may affect the availability or functionality of the platform.
Whale Locator is currently in beta. The platform may contain bugs, experience downtime, or undergo significant changes without notice. Features may be added, modified, or removed at any time. By using the beta, you accept these risks and agree that Melonping is not liable for any data loss, service interruption, or other issues arising from the beta nature of the software.
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of British Columbia.
Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at contact@whalelocator.com. We will attempt to resolve the matter within 30 days of receiving your written notice.
To the fullest extent permitted by applicable law, you and Melonping agree that any dispute arising out of or related to these Terms or the Service shall be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding, whether as a named plaintiff, class member, or otherwise. This waiver applies to claims in court and, if applicable, in arbitration.
If this class action waiver is found to be unenforceable in your jurisdiction, it shall be severed from these Terms and the remaining provisions of this section shall continue in full force and effect.
These Terms, together with the Privacy Policy and any supplemental policies or guidelines published on the platform, constitute the entire agreement between you and Melonping regarding the Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Melonping shall not be liable for any failure or delay in performing its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, internet outages, third-party service failures, or acts of God.
Melonping is committed to making the Whale Locator platform accessible to all users regardless of ability. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 at the AA level and welcome feedback on how we can improve accessibility. If you encounter accessibility barriers while using the Service, please contact us at contact@whalelocator.com.
We do not discriminate against any user on the basis of race, ethnicity, national origin, gender, sexual orientation, age, disability, religion, or any other protected characteristic. Access to the Service is provided on an equal basis to all eligible users.
Whale Locator
Operated by Melonping
Email: contact@whalelocator.com
Website: www.whalelocator.com
In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act), Melonping designates the following single point of contact for direct communication with authorities of the European Union Member States, the European Commission, the European Board for Digital Services, and recipients of the Service:
Email: contact@whalelocator.com
Communications may be submitted in English. Responses will be provided in English within a reasonable time.
Melonping is not established in the European Union. Users and authorities may contact the point of contact above for all matters arising under the Digital Services Act.
If you believe that content on the Service is illegal under European Union law or the law of a Member State, you may submit a notice to contact@whalelocator.com with the subject line “DSA Illegal Content Notice.” Please include the URL or location of the content, an explanation of why you consider it illegal, your name and email address (unless the notice concerns an offence under Articles 3 to 7 of Directive 2011/93/EU), and a statement confirming your good-faith belief in the accuracy of the information provided. We will review valid notices and respond in accordance with applicable law.
If you are a recipient of the Service in the European Union and you disagree with a moderation decision affecting your account or content, you may submit a complaint to contact@whalelocator.com with the subject line “DSA Complaint.” You also retain the right to pursue out-of-court dispute resolution and judicial redress under applicable European Union and national law.