Vogelhaus Apps GmbH ("us," "we," or "our") operates an application called Peaks ("Application"). We take pride in the services offered through Peaks and invite you to use it. Our basic service is freely accessible, and we may also provide advanced features through paid subscriptions and/or one-time purchases. Peaks is designed to calculate your individual circadian rhythm based on data obtained from HealthKit. While we strive to protect your data, we cannot be responsible if this information is inadvertently shared with unauthorized parties due to user error or similar circumstances.

These Terms of Service (“Terms”) govern your use of Peaks. Before accessing or using Peaks, you should read these Terms and our Privacy Policy carefully. By accessing or using any part of Peaks, you acknowledge that you understand and agree to these Terms and our Privacy Policy. If you don't fully agree with these Terms or our Privacy Policy, you're not authorized to access or use Peaks.

Peaks is designed to support your journey towards better daily performance by helping you understand and optimize your circadian rhythms. It's crucial to note that Peaks should not be used as a substitute for professional healthcare consultation. Always consult with a healthcare professional before adopting any changes to your lifestyle, such as alterations in your sleeping patterns, physical activity levels, or dietary habits, based on the insights derived from our service.

Your decision to use Peaks signifies your assertion that you are in an appropriate state of health to make use of our service and any resultant lifestyle recommendations. If you have any health condition that may be affected by changes in your daily routines influenced by our service, it's imperative to seek approval from a healthcare professional beforehand.

While Peaks strives to provide a personalized rhythm to enhance your wellness and energy potential, it's understood that individual results may vary based on diverse personal circumstances. Therefore, Peaks does not assure any specific health or wellness outcomes.

Peaks is not in the business of providing medical services, diagnosis, treatment, or advice. It doesn't offer clinical services or handle any health condition or disease. It's vital to understand that the analysis of your sleep patterns, heart rate variability, and other lifestyle data by Peaks is intended solely for recreational and personal understanding, to assist in promoting a healthier lifestyle. The application's functionality should not be regarded as exceptionally precise and should not be employed for medical purposes, including diagnosis, treatment, prevention, or curing any disease or condition.

In the face of a medical emergency, immediately contact your local emergency service or visit the nearest emergency healthcare facility.

Subscriptions

Peaks is available through the Apple App Store and may offer additional services and features as part of paid subscriptions. The rates for these services are listed in the Application and on the App Store. We reserve the right to modify these rates at any time and/or to offer special promotions.

Free Trial

Peaks may offer a free trial period for subscriptions during which you can use all features of the Application at no charge. We reserve the right to change the duration of this trial at any time or to discontinue it. We also reserve the right to offer special promotions.

Automatic Renewal

To ensure uninterrupted service, all Peaks subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the current period ends. Your account will be charged for renewal within 24 hours before the end of the current period. You can manage and cancel subscriptions in your account settings on the App Store.

One-time purchases

Peaks may offer additional services and features through one-time purchases. The prices for these purchases are listed in the Application or on the App Store. We reserve the right to modify these prices at any time and/or offer special promotions.

Cancellation

You can discontinue your subscription at any time through the App Store. However, you won't receive a refund for any unused portion of your subscription. You also remain responsible for paying all charges for services provided up to the date you discontinue your subscription.

If you made a one-time purchase, you can cancel it, but we can't refund you. Canceling your subscription or one-time purchase will deactivate your access to the paid features of Peaks.

Payments

Apple handles and controls all payments related to subscriptions or one-time purchases. These will be charged to your iTunes Account at the purchase confirmation. The sale is final, and we can't provide a refund. Your purchase will also be subject to Apple's applicable payment policy, which might not allow for refunds. We can't issue refunds, nor send invoices, as Apple exclusively handles these functions. You can confidentially access your account balance information through the App Store. If you have a billing dispute, you should contact the App Store directly. More information is available in Apple's Terms and Conditions.

Right to Refuse Service

We reserve the right to refuse service to anyone for any reason. This includes, but isn't limited to, using the Application for unintended purposes, overutilizing resources, or violating these Terms.

Disclaimer

We strive to ensure the accuracy of the data provided by Peaks, but errors and inaccuracies may still occur. Therefore, you shouldn't solely rely on the information provided by the Application to make health decisions. Always consult with a medical professional.

Account & Authentication

Peaks uses secure, anonymous authentication powered by Apple's App Attest technology to provide certain features. When you use features that require authentication:

• An anonymous account is automatically created using your device's secure hardware

• No personal information such as your name, email, or password is required or stored

• Your account is linked to your Apple ID (if signed in) or device identifier for continuity across sessions

• You are responsible for maintaining the security of your device and Apple ID

Referral Program

Peaks may offer referral programs that allow you to earn rewards by inviting others to use the app. By participating in any referral program, you agree to the following terms:

• Referral Codes: You may generate a unique referral code to share with others. This code is personal to you and may not be sold or transferred.

• Rewards: When someone uses your referral code, both you and the new user may receive promotional benefits as described in the app. Specific rewards are subject to change.

• Restrictions: Self-referrals (using your own code) are not permitted and will not result in rewards. Each user may only claim one referral code per app.

• Program Changes: We reserve the right to modify, suspend, or terminate the referral program at any time, with or without notice.

• Abuse: Any attempt to abuse, manipulate, or exploit the referral program may result in disqualification from current and future rewards, and may lead to account restrictions.

Access to External Resources

Peaks may contain links or access to external websites, content, resources, or services, not owned or controlled by Vogelhaus Apps GmbH. Please understand that we do not assume responsibility for the content, privacy policies, or practices of any third-party sites or services. By using the Application, you acknowledge and agree that Vogelhaus Apps GmbH is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your engagement with these external resources will be governed by their respective terms and policies.

Please remember that the internet is a dynamic network and websites can change very quickly and without warning, thus we cannot guarantee the standards of any website links we provide nor can we be held responsible for the contents of non-Peaks websites. You are encouraged to use discretion while browsing the internet.

We are not a healthcare provider

Peaks is intended to provide health-related data and insights based on the information obtained from HealthKit. However, it's important to understand that Peaks is not a healthcare provider, a medical device, or a substitute for a doctor's advice or professional medical diagnosis, treatment, or care. While we aim to provide helpful and accurate information, the Application does not promise any specific results from the use of its features.

The information provided by Peaks should not be used as a replacement for professional medical advice. Always consult with your doctor or another qualified health care professional if you have any questions about a medical condition, or before starting, altering or discontinuing any existing treatment or care.

The decision to rely on information obtained from Peaks is solely at your own risk. By using Peaks, you acknowledge and agree that we are not responsible for any health problems that may result from your use of or reliance on the Application or its features.

This disclaimer of liability includes direct or indirect damages or injury arising from:

• Any inaccuracies in or omissions from the Application

• Any decision made or action taken or not taken in reliance upon the Application's content

• The misuse of the Application to violate any law or regulations

Please ensure that you fully understand the limitations of Peaks as a health information tool and always prioritize professional medical advice.

Indication

By agreeing to these Terms, you agree to indemnify, defend and hold harmless Vogelhaus Apps GmbH, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Application; (b) your breach of any of these Terms; (c) any misunderstanding, misuse or misinterpretation of the health-related data and recommendations provided by the Application; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Application using your account whether such access is obtained via fraudulent or illegal means.

Furthermore, by using Peaks, you understand and agree that the Application is a tool for understanding and optimizing your circadian rhythms, not a substitute for professional medical advice or treatment. You agree to indemnify and hold harmless Vogelhaus Apps GmbH and its representatives from any claims or actions resulting from your decision to use the Application's data and recommendations as a basis for health-related decisions or actions, instead of consulting with a medical professional.

Changes to these Terms

We reserve the right to change these Terms for any reason at any time. When we update these Terms of Service, you'll be asked to read and accept them again when opening Peaks the next time.

Contact Information

For any questions or concerns about these terms, please reach out to us at contact@vogel.haus.