Summary

We want you to have a great experience with Whistle, but here are the key things you should know before using the app:

• Whistle is not medical advice. It helps you plan workouts and improve your fitness, but it’s not a replacement for a doctor. Always talk to a healthcare professional if you’re unsure about your health.

• You’re responsible for how you use the app. Make sure the info you enter is accurate and that you stay safe during workouts. Whistle doesn’t guarantee results or prevent injuries.

• Use it fairly. Don’t misuse or tamper with the app. We can suspend access if needed to protect the service or other users.

If you’d like the full details, keep reading.

These Terms of Service (“Terms”) govern your use of Whistle, a mobile application operated by Vogelhaus Apps GmbH (“we,” “our,” or “us”). By accessing or using the Whistle app (the “App”), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must discontinue use of the App immediately.

Purpose of the App

Whistle is designed to provide personalized fitness insights and workout planning based on information you provide and data obtained from Apple HealthKit. Our aim is to support your personal health and fitness journey, not to diagnose, treat, cure, or prevent any disease or condition.

Whistle is not a medical device, healthcare provider, or a substitute for professional medical advice. You should always consult your doctor or a qualified healthcare professional before starting or modifying any fitness or wellness program.

In case of a medical emergency, contact emergency services immediately.

User Responsibilities

By using the App, you agree to:

• Provide accurate and truthful information within the app.

• Use Whistle only for lawful and intended purposes.

• Refrain from any behavior that disrupts the functionality of the app or affects other users.

• Keep your device and iCloud secure and protect access to your personal data.

• Accept full responsibility for your own health and safety while following any recommendations from the App.

Health Disclaimer

Whistle uses algorithms to generate suggestions and insights based on your health and activity data. However, we cannot guarantee the accuracy, completeness, or suitability of these recommendations for your individual health circumstances.

You acknowledge that:

• Whistle does not provide medical advice or replace professional healthcare consultation.

• Any decision you make based on information from the App is at your own risk.

• We are not liable for any injury, illness, or damages resulting from your reliance on the App or its content.

This includes, without limitation:

• Injuries sustained while performing suggested workouts.

• Health complications arising from following recommendations.

• Misinterpretation of data or guidance within the App.

Limitation of Liability

To the maximum extent permitted by law, Vogelhaus Apps GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the App;

• Any unauthorized access to or use of our servers or data;

• Any interruption or cessation of the App or related services;

• Any bugs, viruses, or harmful code transmitted through the App;

• Any errors or omissions in any content, or for any loss or damage incurred as a result of the use of any content made available via the App.

Force Majeure

We are not responsible for any failure to perform or delays in performance caused by events outside our reasonable control, including but not limited to natural disasters, technical failures, wars, pandemics, or changes in legal or regulatory requirements.

Right to Refuse Service

We reserve the right to refuse access to the App to any user at any time, for any reason, including (but not limited to) misuse, abuse, violation of these Terms, or behavior that negatively impacts our infrastructure or other users.

Excessive or abusive use of AI features, including surpassing token limits in a way that affects service quality, may result in temporary restrictions or suspension of access.

Indemnification

You agree to indemnify, defend, and hold harmless Vogelhaus Apps GmbH and its officers, employees, partners, affiliates, and licensors from and against any claims, losses, liabilities, damages, or expenses arising from:

• Your use or misuse of the App;

• Your violation of these Terms;

• Your breach of any applicable laws or regulations;

• Your reliance on any data, insights, or recommendations provided by the App.

Third-Party Services and Links

Whistle may contain links to or integrate with third-party services, such as Google Vertex AI, Firebase, Mixpanel, or Apple HealthKit. We do not control and are not responsible for the content, policies, or practices of these third parties.

You are solely responsible for reviewing and agreeing to any third-party terms and privacy policies before engaging with their services.

Intellectual Property

All content, branding, design, algorithms, and code in or associated with Whistle is the intellectual property of Vogelhaus Apps GmbH or its licensors. Except for personal, non-commercial use, you may not copy, modify, distribute, or create derivative works without prior written consent.

You agree not to use any part of the App for commercial purposes without our express authorization.

We grant you a personal, non-transferable, non-exclusive, revocable license to download and use the App for your own personal, non-commercial fitness planning, subject to these Terms.

Modifications to the App

We reserve the right to modify, update, suspend, or discontinue any part of Whistle at any time without prior notice. We are not liable to you or any third party for any modification or discontinuation of the App or its features.

We may also enforce reasonable limits on the use of certain features, such as token limits for AI coaching, to ensure system integrity, fairness among users, and cost sustainability. These limits are designed to maintain consistent performance and may be adjusted at our discretion.

Changes to These Terms

We may revise these Terms from time to time to reflect changes in our features, legal requirements, or business practices. Your continued use of the App after any changes means you accept the updated Terms.

We recommend reviewing these Terms periodically to stay informed.

Eligibility

Whistle is intended for individuals aged 16 and older. By using the App, you confirm that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are under 16, you may not use the App.

Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, if we believe you have violated these Terms, misused the App, or posed a risk to its stability or security.

Because Whistle does not require an account, termination will result in your loss of access to the App’s features on your device. You may also delete the App at any time to stop using it.

Governing Law

These Terms are governed by the laws of Austria. Any disputes arising from or relating to these Terms or your use of the App will be subject to the exclusive jurisdiction of the courts located in Austria, unless otherwise required by applicable consumer protection laws.

Miscellaneous

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision under these Terms does not waive that right or provision.

These Terms are provided in English. If we offer translations, the English version will prevail in case of conflict.

Contact Us

If you have questions, feedback, or concerns about these Terms of Service, please contact us.