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.

Whistle is a personal fitness and training-planning app. It helps you plan workouts, understand training context, review progress, use Apple Watch, and get AI-assisted coaching. Whistle 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 Whistle for your own personal, non-commercial use. Some features depend on Apple services, internet access, HealthKit permissions, iCloud, Apple Watch, WeatherKit, Google AI infrastructure, or other supporting services.

If you buy a subscription or other paid feature, billing, renewals, cancellations, and refund requests are generally handled through the App Store.

AI coach output can be wrong, incomplete, or inappropriate for your specific circumstances. You are responsible for deciding whether a workout, plan, or recommendation is safe for you.

We want Whistle to be useful and reliable, but we cannot promise that it will always be perfect, uninterrupted, or right for every person. Nothing in these Terms takes away mandatory consumer rights you have under applicable law.

Agreement

These Terms of Service (“Terms”) govern your use of Whistle (“Whistle” or the “App”), including related website, beta, support, Apple Watch, AI, and online features, and form a legal agreement between you and Vogelhaus Apps GmbH (“Vogelhaus,” “we,” “us,” or “our”).

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

If you do not agree, do not use Whistle.

Eligibility

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

Whistle is intended for people aged 16 and older. If you are under 16, you may not use Whistle.

License

Whistle 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 Whistle on Apple-branded devices that you own or control, solely for your personal, non-commercial fitness planning and training use, in accordance with these Terms and any applicable Apple usage rules.

You may not copy, reproduce, distribute, sell, rent, lease, sublicense, reverse engineer, decompile, disassemble, extract source code, bypass security controls, interfere with Whistle or related services, misuse AI or online features, or use Whistle for unlawful, harmful, fraudulent, deceptive, or abusive purposes, except to the extent applicable law expressly permits.

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

What Whistle is and is not

Whistle is designed to help you plan, adapt, and understand fitness training using data you choose to make available from Apple Health, data you provide directly, your training plan, your schedule, your preferences, and related context such as weather.

Whistle is a fitness and wellness tool. Whistle is not a medical device and does not provide medical advice, diagnosis, treatment, monitoring, or clinical services. Any information, workouts, plans, insights, estimates, scores, summaries, notifications, visualizations, AI responses, or recommendations provided through Whistle are for personal informational and training-planning purposes only.

Do not use Whistle for medical emergencies, urgent health decisions, injury diagnosis, treatment decisions, medication decisions, or as the sole basis for changing exercise, diet, sleep, recovery, treatment, or other health-related routines.

If you believe you have a medical emergency, contact emergency services immediately. If you have questions about your health, training safety, injury risk, or whether a workout plan is appropriate for you, consult a qualified healthcare professional.

No guaranteed outcomes

We aim to make Whistle useful and reliable, but we do not guarantee that Whistle will be error-free, uninterrupted, always available, or suitable for every person or every purpose.

Individual outcomes vary. We do not promise any specific health, fitness, race, performance, recovery, sleep, weight, injury-prevention, or wellness result from using Whistle.

Your responsibilities

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

You are responsible for exercising safely, using appropriate equipment, following applicable rules and laws, respecting traffic and environmental conditions, stopping when something feels unsafe, and seeking professional advice when needed.

You are responsible for the accuracy of information you enter into Whistle and for maintaining the security of your devices, passcodes, Apple account, iCloud account, and App Store account.

You are also responsible for keeping your operating system and app versions reasonably up to date.

Health, training, and AI coach disclaimers

Whistle may generate workouts, training plans, summaries, and coaching suggestions based on available data. This information may be incomplete, delayed, inaccurate, or unsuitable for your current condition.

AI coach responses are generated by machine-learning systems and may contain errors. The coach may misunderstand your request, misread context, rely on incomplete data, or suggest a plan that is too easy, too hard, or otherwise inappropriate.

You should review all AI-generated workouts, schedule changes, and recommendations before following them. Do not follow a workout or recommendation if it seems unsafe, painful, medically inappropriate, or inconsistent with professional advice you have received.

Online, AI, and Apple-linked features

Some Whistle features rely on internet connectivity, Apple services, Google AI infrastructure, WeatherKit, HealthKit, iCloud, Apple Watch, StoreKit, notifications, calendar access, speech recognition, or similar supporting systems.

If required third-party services, Apple services, device settings, permissions, network connectivity, or regional availability are unavailable, certain Whistle features may not work or may be limited.

AI features may be unavailable in some regions, may be subject to usage limits, and may pause when daily or monthly coach usage limits are reached.

Paid features

Whistle 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 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.

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.

Whistle 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.

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.

Privacy

Your use of Whistle 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

Whistle may link to, interoperate with, or rely on third-party services, websites, platforms, or SDKs, including Apple services, Google and Firebase services, Mixpanel, Loops, website hosting providers, and email providers.

We do not control third-party services and are not responsible for their availability, content, security, model output, policies, 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 Whistle.

Support

We, and not Apple, are responsible for providing maintenance and support for Whistle to the extent required by applicable law or expressly stated by us.

If you have questions, complaints, or claims relating to Whistle, contact us at contact@vogel.haus.

Additional App Store terms

If you downloaded Whistle 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 Whistle.

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

Vogelhaus, and not Apple, is responsible for addressing any claims by you or a third party relating to Whistle or your possession or use of Whistle, including product liability claims, claims that Whistle 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 Whistle or your possession and use of Whistle.

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 Whistle

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

We may change Whistle 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, managing AI costs and usage limits, 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 Whistle, or to specific online or AI features, if we reasonably believe that you violated these Terms, misused Whistle, exceeded or abused usage limits, created risk or legal exposure, interfered with the operation or security of Whistle, or harmed us, third-party providers, or other users.

We may also suspend online or AI features where reasonably necessary for security, maintenance, technical, cost-control, platform, or legal reasons.

You may stop using Whistle 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, AI 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, on the website, 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 Whistle 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, Whistle 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 Whistle will always be available, secure, uninterrupted, error-free, or free from delays, bugs, AI errors, inaccurate estimates, incorrect recommendations, or data-sync issues.

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, training opportunity, race result, or other intangible losses, arising out of or related to your use of or inability to use Whistle.

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.

Sources checked: Whistle website, current Whistle Privacy, current Whistle Terms, Peaks Privacy, Peaks Terms. I’d still have counsel review before publishing, especially the Google AI regional-processing wording.