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Terms of Service

Last Updated: May 6, 2024

Welcome to WHOOSH AI ("Whoosh," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our mobile application (the "App") and any related services provided by Whoosh (collectively, the "Service").

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

IMPORTANT: PLEASE REVIEW THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT DISCLAIMERS REGARDING HEALTH INFORMATION AND LIMITATIONS ON OUR LIABILITY. THIS IS A TEMPLATE DOCUMENT AND SHOULD BE REVIEWED BY A LEGAL PROFESSIONAL.

1. Description of Service

WHOOSH AI is an AI-powered health coach designed to provide personalized insights based on your health data from Apple Health and information you provide. The App analyzes your data to help you understand health patterns, sleep, and fitness, and make informed decisions. Data processing primarily occurs on your device to protect your privacy.

2. Premium Subscriptions

Whoosh offers enhanced functionality through premium subscription plans ("Premium Plan").

Features included in the Premium Plan may include [Specify premium features, e.g., advanced analytics, more detailed reports, unlimited AI chat, specialized coaching programs, etc.].

Billing and Renewal: Subscription fees will be charged to your App Store account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan. You can manage your subscriptions and turn off auto-renewal by going to your App Store Account Settings after purchase.

Cancellation: You can cancel your Premium Plan subscription at any time through your App Store account settings. If you cancel, you will continue to have access to premium features until the end ofyour current billing period. No refunds or credits will be provided for partial subscription periods, unless required by applicable law.

Price Changes: We reserve the right to change subscription fees. We will provide you with reasonable prior notice of any price changes. If you do not agree to the price change, you must cancel your subscription before the change takes effect.

3. User Accounts & Data

To use certain features of the App, you may need to grant permissions for Whoosh to access your Apple Health data. All Apple Health data is processed in accordance with our Privacy Policy, which is incorporated by reference into these Terms. You are responsible for maintaining the confidentiality of your device and for restricting access to it.

The App primarily stores data locally on your device. Please refer to our Privacy Policy for detailed information on data handling.

4. User Conduct and Responsibilities

5. Medical and Health Disclaimers

WHOOSH AI IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The Service is intended for informational and educational purposes only to help you manage your wellness and make healthier lifestyle choices.

The information and insights provided by Whoosh should not be considered a substitute for consultation with a qualified healthcare professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or health objectives.

Never disregard professional medical advice or delay in seeking it because of something you have read or interpreted from the Service. Reliance on any information provided by Whoosh is solely at your own risk.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Whoosh and its licensors. The Service is protected by copyright, trademark, and other laws of [Your Jurisdiction] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Whoosh.

7. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and, if applicable, cancel your Premium Plan subscription through your App Store settings.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHOOSH, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your State/Country, e.g., California, United States], without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [e.g., 30] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

11. Contact Us

If you have any questions about these Terms, please contact us at: [email protected].