A quick summary

This short summary is here to help you understand the main points of these Terms. It does not replace the full Terms below, which are the legal agreement between you and Vogelhaus Apps GmbH.

Peaks is a personal wellness app. It is designed to help you understand sleep, circadian rhythm, and related patterns. It is not medical care, not a medical device, and not something to use in an emergency or as the only basis for health decisions.

You may use Peaks for your own personal, non-commercial use. Some features may depend on Apple services, internet access, or limited supporting online systems. If you buy a subscription or other paid feature, billing, renewals, cancellations, and refund requests are generally handled through the App Store.

We want Peaks to be useful and reliable, but we cannot promise it will always be perfect, uninterrupted, or right for every person. We may update, improve, or change parts of the app or related features for reasons like security, bug fixes, legal compliance, technical changes, or product improvement. If the law gives you specific rights when we make certain changes, those rights still apply.

If you misuse Peaks or interfere with the app, we may limit or suspend access. Your use of Peaks is also subject to our Privacy Policy. Nothing in these Terms takes away any mandatory consumer rights you have under applicable law.

These Terms of Service (“Terms”) govern your use of Peaks (“Peaks” or the “App”), including related online features, and form a legal agreement between you and Vogelhaus Apps GmbH, contact@vogel.haus (“Vogelhaus,” “we,” “us,” or “our”).

By downloading, installing, accessing, or using Peaks, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use Peaks.

Eligibility

Peaks is offered for individual, personal, non-commercial use. You may use Peaks only if you are legally capable of entering into a binding agreement under the law that applies to you.

License

Peaks is licensed, not sold. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use Peaks on Apple-branded devices that you own or control, solely for your personal, non-commercial use and in accordance with these Terms and any applicable Apple usage rules.

You may not:

• copy, reproduce, distribute, sell, rent, lease, sublicense, or otherwise make Peaks available to third parties except as expressly permitted by applicable law

• reverse engineer, decompile, disassemble, or attempt to extract source code, underlying ideas, or trade secrets from Peaks, except to the extent applicable law expressly permits it

• bypass, disable, or interfere with security or access controls in Peaks or related services

• use Peaks in a way that interferes with the App, our systems, third-party platforms, or other users

• use Peaks for unlawful, harmful, fraudulent, deceptive, or abusive purposes

We retain all right, title, and interest in and to Peaks and all related intellectual property rights.

What Peaks is and is not

Peaks is designed to help you understand and reflect on circadian rhythm, sleep, and related wellness patterns using data you choose to make available from Apple Health and data you provide directly.

Peaks is a wellness and lifestyle tool. Peaks is not a medical device and does not provide medical advice, diagnosis, treatment, monitoring, or clinical services. Any information, insights, estimates, scores, visualizations, reminders, or recommendations provided through Peaks are for personal informational purposes only and are not a substitute for professional medical judgment or care.

Do not use Peaks for medical emergencies, urgent health decisions, or as the sole basis for changing medication, treatment, sleep, exercise, diet, or other health-related routines. If you believe you have a medical emergency, contact emergency services immediately. If you have questions about your health, consult a qualified healthcare professional.

No guaranteed outcomes

We aim to make Peaks useful and reliable, but we do not guarantee that Peaks will be error-free, uninterrupted, always available, or suitable for every person or every purpose. Individual outcomes vary, and we do not promise any specific health, performance, sleep, or wellness result from using Peaks.

Your responsibilities

You are responsible for deciding whether Peaks is appropriate for you and for how you interpret and use the information shown in the App.

You are also responsible for maintaining the security of your devices, passcodes, Apple account, and iCloud account, where applicable, and for keeping your operating system and app versions reasonably up to date.

Online and account-linked features

Some Peaks features rely on internet connectivity, Apple services, secure server-side authentication, referral infrastructure, promotional-offer signing, or similar supporting systems.

Certain optional features may depend on your Apple account, iCloud settings, or other Apple platform services. If required third-party services, Apple services, device settings, or network connectivity are unavailable, certain Peaks features may not work or may be limited.

Where relevant to these features, Peaks may create and maintain a limited server-side account record, identifier, or entitlement record associated with your Apple account, device, or App Store transactions, as described in our Privacy Policy.

Paid features

Peaks may offer paid subscriptions, free trials, promotional offers, and one-time purchases for additional features or entitlements. Pricing, billing period, and available offers are shown in the App or through the App Store at the time of purchase.

Subscriptions

Subscriptions renew automatically unless you cancel them in your App Store account settings at least 24 hours before the end of the then-current billing period. Your account may be charged for renewal within 24 hours before the end of the current billing period. You can manage or cancel subscriptions through your App Store account settings.

Free trials and promotions

We may offer free trials or promotional pricing from time to time. Eligibility, duration, and terms of those offers may vary. We may change or discontinue offers to the extent permitted by law and platform rules.

One-time purchases

Peaks may also offer one-time purchases for certain features or entitlements. Details are shown in the App or through the App Store at the time of purchase.

Billing, cancellation, and refunds

Apple handles billing, payment processing, cancellations, and refund requests for App Store purchases. We do not receive your full payment card details, and we generally cannot directly issue App Store refunds or invoices.

If you cancel a subscription, it will generally remain active until the end of the current billing period. Deleting the App does not by itself cancel a subscription.

Nothing in this section limits any mandatory rights you may have under applicable law.

Referral program

Peaks may offer referral features or referral rewards. If you participate, you agree that:

• referral codes are personal to you and may not be sold, transferred, or publicly misused

• referral rewards, eligibility criteria, limits, and availability may change at any time

• self-referrals and abusive, manipulative, deceptive, or fraudulent behavior are not allowed

• we may suspend, limit, reverse, or remove referral benefits if we reasonably suspect abuse, fraud, or a violation of these Terms

We may change, suspend, or end any referral program at any time, subject to applicable law.

Privacy

Your use of Peaks is also governed by our Privacy Policy, which explains how we process data and which service providers or platforms we use.

We do not use health or fitness data gathered in the health, fitness, or medical context for advertising, marketing, or referral targeting.

Third-party services and terms

Peaks may link to, interoperate with, or rely on third-party services, websites, or platforms, including Apple services. We do not control third-party services and are not responsible for their availability, content, security, or practices.

Your use of third-party services is governed by their own terms and policies. You agree to comply with any applicable third-party terms when using Peaks.

Support

We, and not Apple, are responsible for providing maintenance and support for Peaks to the extent required by applicable law or expressly stated by us. If you have questions, complaints, or claims relating to Peaks, you can contact us using the details in the Contact section below.

Additional App Store terms

If you downloaded Peaks from Apple’s App Store, you acknowledge and agree that:

• these Terms are between you and Vogelhaus only, and not between you and Apple

• Apple has no obligation to provide maintenance or support services for Peaks

• if Peaks fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, paid for Peaks; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to Peaks

• Vogelhaus, and not Apple, is responsible for addressing any claims by you or a third party relating to Peaks or your possession or use of Peaks, including product liability claims, claims that Peaks fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar laws

• Vogelhaus, and not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to Peaks or your possession and use of Peaks

• you represent and warrant that you are not located in a country subject to a U.S. government embargo, have not been designated by the U.S. government as a terrorist-supporting country, and are not listed on any U.S. government list of prohibited or restricted parties

• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right to enforce these Terms against you as a third-party beneficiary

Updates and changes to Peaks

We may provide patches, bug fixes, security updates, compatibility updates, or new versions of Peaks. You may need to install updates to continue using all or part of Peaks. Where required by law, we will provide updates needed to keep Peaks in conformity for the period required by law.

We may change Peaks or related online features for valid reasons, including security, safety, fraud prevention, legal or regulatory compliance, bug fixes, adapting to a new technical environment, improving functionality, or responding to changes in third-party platforms or services we rely on.

We will not charge you additional fees for a change described in this section unless we separately offer a new paid feature or plan and you choose to purchase it.

If a change to a continuously provided digital feature materially and adversely affects your access to or use of that feature, we will provide clear notice in advance on a durable medium where required by law and inform you about any rights you may have to terminate the affected service or continue using an unchanged version where applicable law requires that option.

Suspension and termination

We may suspend or terminate your access to Peaks, or to specific online features, if we reasonably believe that:

• you violated these Terms

• you misused Peaks

• your use creates risk, harm, or legal exposure for us, third-party providers, or other users

• your use interferes with the operation, security, or integrity of Peaks or related services

We may also suspend online features where reasonably necessary for security, maintenance, technical, or legal reasons.

You may stop using Peaks at any time. If you have an active subscription, cancellation is handled through your App Store account settings.

Sections that by their nature should survive termination will continue to apply, including sections relating to intellectual property, health and medical disclaimers, disclaimer of warranties, limitation of liability, governing law, and the additional App Store terms.

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we may notify you in the App or by other appropriate means. The updated Terms become effective when published or on any later date stated in the update.

If applicable law requires your consent for a particular change, we will seek it in an appropriate way. Otherwise, if you continue using Peaks after the updated Terms take effect, that continued use constitutes acceptance of the updated Terms.

Mandatory consumer rights

Nothing in these Terms excludes, limits, or affects any mandatory rights you may have under applicable consumer protection law. This includes any non-waivable rights relating to conformity of digital content or digital services, updates, price reduction, refunds, withdrawal, or termination where applicable.

Disclaimer of warranties

To the fullest extent permitted by applicable law, Peaks is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. This includes implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and satisfactory quality.

We do not warrant that Peaks will always be available, secure, uninterrupted, error-free, or free from delays, bugs, or inaccuracies.

This section applies only to the extent permitted by applicable law and does not limit any mandatory consumer rights.

Limitation of liability

To the fullest extent permitted by applicable law, Vogelhaus Apps GmbH and its directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunity, or other intangible losses, arising out of or related to your use of or inability to use Peaks.

To the fullest extent permitted by applicable law, our total liability for claims arising out of or related to Peaks will not exceed the amount you paid us for Peaks in the 12 months before the event giving rise to the claim, or EUR 50 if you have not made any payment, whichever is greater.

Nothing in these Terms excludes or limits liability for intent, gross negligence, death or personal injury caused by negligence, fraud, product liability, or any other liability that cannot be excluded or limited under applicable law. Mandatory consumer rights remain unaffected.

Governing law

These Terms are governed by the laws of Austria, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

If you are a consumer, this choice of law does not deprive you of any mandatory consumer protections of the country where you have your habitual residence. Jurisdiction is determined by applicable law.

Severability and no waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the extent permitted by law.

If we do not enforce a provision of these Terms, that is not a waiver of our right to do so later.