Terms of Service

Effective Date: October 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.

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.

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:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and complete information
• Updating your information as needed

4. Acceptable Use

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

• Use the App in any way that violates any applicable federal, state, local, or international law
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Impersonate any person or entity
• Interfere with or disrupt the App or servers
• Attempt to gain unauthorized access to any portion of the App
• Use the App for commercial purposes without our written consent
• Use the App in a way that disturbs wildlife or endangers yourself or others; always follow local laws and park rules

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 represent that you own or have the necessary rights to any content you submit (e.g., recordings, photos, comments) and that it does not infringe any third-party rights. By submitting content, you grant Wings & Whistles LLC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, adapt, and distribute such content solely to operate and improve the App and related services. You remain responsible for your content.

6A. Audio Capture & 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. 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.

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.

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 arising out of your use of the App or 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.

13. Termination

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including breach of these Terms.

14. Governing Law; 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 action not subject to arbitration (if applicable).

15. Contact

Questions about these Terms? Email support@wingsandwhistles.app.