Terms of Service

Effective Date: November 20, 2025

Last Updated: November 20, 2025

1. Agreement to Terms

Wings & Whistles LLC ("W&W," "we," "us") operates the Wings & Whistles mobile application (the "App"). By downloading, accessing, or using the App, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

You must be at least 13 years old to use the App. If you are between 13 and 17, you may use the App only with the permission of a parent or legal guardian.

App Stores

If you download the App from Apple or Google, you also agree to the applicable app-store terms. Apple and Google are not responsible for providing support or handling claims related to the App.

2. Description of Service

Wings & Whistles is a mobile application that provides bird identification services through sound recognition, educational content about birds, and gamification features to enhance the bird watching experience. Bird identification results are generated by automated systems and are estimates only; they may not always be accurate.

2A. Limited License

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

3. User Accounts

To access certain features of the App, you may be required to create an account. You are responsible for:

4. Acceptable Use

You agree to use Wings & Whistles only for lawful purposes and in accordance with these Terms. You agree not to:

5. Intellectual Property

The App and its original content, features, and functionality are owned by Wings & Whistles LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6. User Content

You may be able to submit or upload content through the App, for example audio recordings or other materials.

You retain ownership of your content. By submitting content, you grant Wings & Whistles LLC a limited, non-exclusive, worldwide, royalty-free license to store and process your content solely to provide the features you use in the App (for example, identification, saving your recordings, and showing your history), subject to the privacy controls and opt-in settings described in our Privacy Policy. We do not publicly display or share your content with other users without your permission.

If you opt in to data contribution or model improvement, this license also allows us to use your content to train, evaluate, and improve our bird recognition models, as described in our Privacy Policy. You remain responsible for your content and for ensuring that you have all rights necessary to grant these permissions.

6A. Audio Capture and Compliance

Certain features may capture audio. You are responsible for complying with all applicable recording, privacy, and wildlife protection laws and for obtaining any required consents. Do not use the App to secretly record people or in places where recording is prohibited. Use the App responsibly and do not disturb wildlife.

7. Privacy

Your use of the App is governed by our Privacy Policy at https://www.wingsandwhistles.app/privacy, which is incorporated by reference.

8. In-App Purchases

The App may offer in-app purchases. All purchases are final and non-refundable, except as required by law. Prices are subject to change without notice.

9. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. Wings & Whistles LLC does not warrant that the App will be uninterrupted, error free, or free of viruses or other harmful components.

The bird identification features use artificial intelligence and machine learning. We do not guarantee the accuracy of identifications, and the App should not be used as the sole source for scientific data or wildlife management decisions.

10. Limitation of Liability

To the fullest extent permitted by law, Wings & Whistles LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the App, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold harmless Wings & Whistles LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the App or your violation of these Terms.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms in the App and updating the Effective Date above. Your continued use of the App after the updated Terms become effective constitutes your acceptance of the changes.

13. Termination

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will cease immediately.

14. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict of law rules. You agree to the exclusive jurisdiction and venue of the state or federal courts located in Westchester County, New York for any disputes arising out of or relating to these Terms or your use of the App.

15. Contact

If you have any questions about these Terms, contact us at:

Email: support@wingsandwhistles.app