Last updated: Monday 12th September
THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. You are only permitted to use the Products, Website, Application and Services for personal, noncommercial uses. You agree not to resell or redistribute the Products or Services to someone else without our prior written permission, which we can withhold in our sole discretion.
Table of Contents
Use of Website, Products, and Services
You may only use the Website, Products, and Services within the United Kingdom (as specified by Whistle) and for your own personal, non-commercial use. To use certain features of the Products, you must sign up for an account with Whistle by downloading the Whistle Application from the Apple App Store or Google Play and, if applicable, pay any fees associated with such account. You will need iOS 14.0 or later for iPhone or iPad and Android 8.0. The Product and Services may not function properly if you do not keep your Whistle account current and up-to-date and pay any fees due.
Subject to the terms and conditions of this Agreement, Whistle provides Services that have been selected by you, solely for your own personal, non-commercial use, and not for the use or benefit of any third party. The "Services” include, without limitation, use of the Website, any service Whistle performs for you, and the Content (defined below) offered by Whistle on the Website. Whistle may change, suspend, or discontinue the Website or any Services at any time, including the availability of any feature, database, or Content. Whistle may also impose limits on certain features and services or restrict your access to parts or all of the Website or the Services and will provide you with reasonable advance notice wherever possible.
Changes to the Terms
Please note that we reserve the right to change these Terms by posting a revised document to this page, or mailing and/or emailing notice thereof to you (or such other method as may be required by applicable law). Whenever possible, we will notify you in advance of our changes. Your continued use of the Products, Services and Application after the notice of the changes will constitute your acceptance of the then applicable Terms.
Please note certain services or features offered by or through the Products, Services and/or Application, such as promotions, sweepstakes, offers, contests, surveys, and other services, may be governed by additional terms and conditions presented in conjunction with them.
To use the Website or certain Products or Services, you may be required to register with Whistle and select a password and username ("Whistle User ID"). You shall provide Whistle with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password. If you access the Website or the Services through a third-party site or service, you will provide your third party account credentials to Whistle, and you are consenting to have the information in those accounts transmitted into your Whistle account.
You can purchase our range of Products through our website and third-party resellers. Each Product has different features and unique functionalities, please carefully review the Product pages to ensure that the Product you have selected is the correct one for your needs. Please note a product's true colour may not exactly match that shown on your device and its packaging may be slightly different.
Your Product will be delivered at the date and time that we notify to you by email. If delivery of your Product is delayed by an event outside our control, such as a postal strike, we will contact you to let you know and do what we can to reduce the delay.
If your Product is faulty or arrives damaged, please contact our Customer Service Team at email@example.com in order to return it to us for a replacement or a full refund. We will pay the cost of return postage. We honour our legal duty to provide you with Products that are as described to you on our Website and that meet all the requirements imposed by law, including that the Products are as described, fit for purpose and of satisfactory quality.
Legal right to change your mind. You have 14 days from the date of delivery of a Product to change your mind and receive a full refund. If you wish to exercise this right, please contact our Customer Service Team at firstname.lastname@example.org. You must pay the cost of the return postage. If the Product is not returned in good saleable condition with all accessories and in the original packaging, we may reduce the amount of your refund or refuse a refund if the Product is in non-saleable condition.
When you purchase one of our Products, you will be provided with a selection of different subscription plans (each a "Plan”). The Plans available may vary per Product and have different durations and costs. Please read the detail of your selected Plan carefully to ensure that it meets your needs.
If a term or condition of your Plan expressly conflicts with this Agreement, the term or condition in your Plan will govern. If at any time you change your Plan, you will be subject to the requirements, such as a new minimum term, associated with that new Plan.
Any service‐included offer cannot be combined with any other offers and Whistle reserves the right to cancel or modify the offer(s) at any time.
You will be charged on an automatically recurring basis, at the price and frequency detailed in your Plan. Your Plan will automatically renew on your “Renewal Date,” which is the day after the anniversary of your Plan term, and. We will notify you in advance of your Renewal Date. You can cancel your subscription by visiting support.whistle.com or through the mobile Application. You must cancel at least one day before your next Renewal Date to avoid being charged for your next subscription period. If you do not cancel by this deadline, you will be charged for your next renewal period, and your cancellation will be effective after that period. The charge for each Plan will be billed to the payment method you used to create your account, enroll in the Plan, or as otherwise directed by you. You authorise us to charge the payment method for your Plan on an automatically recurring basis until you cancel. You agree to keep your payment details updated in your account.
We must provide the Services under your Plan to you with reasonable care and skill. If you think there is something wrong with your Service, please contact our Customer Service Team at email@example.com.
Legal right to change your mind. You have 14 days from the date you received an email from us confirming your subscription to change your mind and receive a full refund. If you wish to exercise this right, please contact our Customer Service Team at firstname.lastname@example.org or fill in the Model Cancellation form at the end of these terms and return it to us. Please note if you have already starting using the Plan, you must pay for the services you have already received.
No Veterinary Medical Advice
Certain Whistle products, including but not limited to Whistle Health, Whistle Switch, and Whistle Go Explore, track pet behaviors that may indicate that it is appropriate to contact a veterinarian. These behaviors include but are not limited to scratching, licking, sleeping, eating, and drinking habits. THE TRACKING AND ANALYSIS OF THESE BEHAVIORS BY THE PRODUCTS AND SERVICES IS NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE OR OTHER CONDITION, AND SHOULD NEVER BE USED AS A SUBSTITUTE FOR AN IN-PERSON VISIT WITH A VETERINARIAN.
THE CONTENT ON THE WEBSITE AND INFORMATION PROVIDED THROUGH THE WHISTLE SERVICES AND APPLICATION ARE PROVIDED FOR GENERAL INFORMATION ONLY. WHILE YOU MAY SEEK AND ACCESS INFORMATION ABOUT CARING FOR YOUR PET THROUGH THE WEBSITE, APPLICATION, PRODUCTS, AND/OR SERVICES, PLEASE BE ADVISED THAT THE WEBSITE, APPLICATION, PRODUCTS, AND SERVICES DO NOT CONSIST OF, CONTAIN, OR PROVIDE VETERINARY MEDICAL ADVICE AND ARE SOLELY INFORMATIONAL IN NATURE. RELIANCE ON ANY INFORMATION PROVIDED BY OR FOUND ON THE WEBSITE, APPLICATION, PRODUCTS, OR SERVICES IS PURELY AT YOUR OWN RISK. ALWAYS CONSULT A QUALIFIED VETERINARY PROFESSIONAL IN-PERSON BEFORE TAKING OR REFRAINING FROM ANY ACTION. ON THE BASIS OF THE CONTENT ON OUR SITE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OR LOSSES RELATED TO ANY VETERINARY MEDICAL ADVICE PROCURED THROUGH THE WEBSITE, APPLICATION, PRODUCTS, OR SERVICES.
The Website, Application, Products, and/or Services may allow you to connect remotely with veterinarians (“Veterinarians”), and/or to interact with a chatbot, to get answers to general pet care questions and information that may help you decide whether it is prudent to seek immediate in-person veterinary attention. Your use of these features, and the information you receive from the Veterinarians and/or chatbot, does not create a veterinary-client patient relationship, is not a substitute for an in-person visit with a veterinarian, and is not intended to provide a specific diagnosis or treatment plan for your pet.
Whistle does not practice veterinary medicine, veterinary technician services, or any other licensed profession, nor does Whistle interfere with the practice of veterinary medicine, veterinary technician services, or any other licensed profession by the Veterinarians.
Each Veterinarian is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Whistle nor any of its affiliates shall be liable for any damages caused by the advice you or your pet obtains from the Veterinarians or chatbot or the decisions you make after using these features. The remote nature of the services provided by our Veterinary Professionals means that they can only provide you with general guidance about your pet, and is not intended to act as a substitute for a veterinary examination and advice. Information provided relating to the condition of your pet is intended as a guide only, and to help you to decide how quickly you should seek veterinary attention for your pet. If you are in any doubt over your pet’s condition, telephone your pet’s vet for advice. All sessions with the Veterinary Professional are not intended to amount to advice on which any reliance should be placed. Given the remote nature of the interaction, the Veterinary Professional’s cannot therefore be held responsible unless their guidance was not given with reasonable care and skill.
Your electronic (including audio and video) and phone communications with the Veterinarians will be kept confidential and are conducted over Whistle’s secure technology.
Fees and Payment
Fees: All fees and charges shall be notified to you in advance and shall be inclusive of VAT. You shall pay all applicable fees in connection with such Products, Plans and Services selected by you. Whistle reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. If you wish to terminate your agreement with us as a result of these changes, please contact our Customer Service Team at email@example.com. Your use of the Products or Services following such notification constitutes your acceptance of any new or increased charges. Unless otherwise expressly set forth herein, any fees paid hereunder are non-refundable.
Taxes and Fees: You agree to pay all subscription fees we bill you for or that the authorised user of your Product accepts. Usage charges, taxes, and other fees may vary depending on where, when, and how you use your Product or the Services. You are responsible for, and agree to pay, all taxes, fees, and surcharges set by any governmental agency or taxing authority.
Billing Details: Your Plan details and cost can be viewed online. Please visit www.support.whistle.com if you would like to receive more detailed account history or billing information, You must notify us or change your information via your online account immediately in the event of any change in your name, billing address, service address, email address, telephone number, credit or debit card, or other account information.
Payments: All payments must be made in Great British Pounds. You may be required to pay in advance by credit card or debit card. All amounts due must be paid by the due date to avoid any late fees and possible deactivation of the Services or your Plan. We reserve the right to suspend or terminate your access to the Services, deactivate your Product immediately with notice to you, and report any late payment or non‐payment to credit reporting agencies.
Authorisation: By providing a credit card or other payment method accepted by Whistle ("Payment Method"), you expressly agree that we are authorised to keep such Payment Method on file and charge you the fees, charges, or other amounts described above. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your account and viewing your account details. When you provide a Payment Method to access your Plan, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorise us to continue billing, and you will remain responsible for any uncollected amounts.
Trial Programs. Whistle may, in its sole discretion, offer free or discounted trial programs that convert into paid automatically renewing subscriptions. By signing up for a trial, you agree to all applicable terms, including the automatic renewal and recurring billing feature. Please read the terms of any trial offers carefully.
Refund policies may vary by Products. Where you are entitled to a refund under these Terms, we will refund you as soon as possible and within 14 days. We refund you by the method you used for payment. We don't charge a fee for the refund.
30-Day Money Back Guarantee
If your purchase is subject to a 30-Day Money Back Guarantee, then you may return your Product to Whistle for a refund within 30 days of the date of your purchase. The 30-day guarantee applies only to Products that are clearly designated as subject to the guarantee, and only to orders made through Whistle’s webstore at whistle.com. It does not apply to any other Whistle products, and the guarantee does not apply to funds paid for any Services.
To request a refund, contact Whistle Support within 30 days of the date of your purchase of a Product or subscription Service. Whistle Support will provide you with a Return Merchandise Authorization number (RMA) for your return. After receiving your RMA, package your Product and send it to Whistle’s warehouse, following the instructions provided.
Please note that to qualify for a refund, the returned product must be packed in its original packaging including all accessories that shipped with the Product, and the returned product must be undamaged and in good working condition. If the Product is not returned in state, we reserve the right to reduce the amount of your refund, and in some cases refuse it entirely.
Shipping and handling charges and taxes are not refundable. You shall assume all risk of loss or damage to the Product while in transit to Whistle. Whistle must receive the Product within 14 days of the return authorisation date to process the refund. If the Product is damaged due to reasons outside of Whistle’s control, it is not eligible for a refund.
In order to benefit from the GPS functionality of certain Products you must be within Whistle's coverage area to use the Services and to perform certain functions from your Product. Even within Whistle's coverage area, there are many factors, including but not limited to network capacity, limitations and restrictions of wireless carrier service providers, jurisdictional restrictions and regulations, your Product type, terrain, your proximity to buildings and foliage, and weather that may impact the availability and quality of the Services. The Services provide an approximate location of the requested Product and do not provide guaranteed results. The results you obtain from the Services, including but not limited to directions, maps, and requested locations or messaging, may not be accurate, timely, or reliable. Whistle reserves the right to set limits on the use of the Services at its discretion. Whistle does not guarantee that any lost animal will be found, and Whistle does not provide any service for the purpose of searching and/or recovering your animal. THE PRODUCT AND SERVICES ARE ONLY INTENDED FOR TRACKING PETS. DO NOT USE FOR TRACKING CHILDREN, OTHER HUMANS, OR OBJECTS. USING THE PRODUCT IN A MANNER OTHER THAN SPECIFIED IN THE USER MANUAL MAY CAUSE INJURY.
You represent and warrant to Whistle that: (i) you are an individual (i.e., not a corporation or other legal entity) and you at least eighteen (18) years of age; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Website and the Services and take full responsibility for the selection and use of and access to the Website and the Services. This Agreement is void where prohibited by law, and the right to access the Website and the Services is revoked in such jurisdictions. You shall not: (a) distribute, market, resell, transfer, or allow any other individual (other than those in the same household) to use the Product; (b) use the Product in connection with any products or services not supplied or provided by Whistle or otherwise approved by Whistle in writing; (c) remove any proprietary notices, labels, or marks on or in the Products, Application, Services, or Website; (d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Products, Application, Services, or Website; or (e) use the Products, Application, Services, or Website in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance, by-law, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities or sales without Whistle’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including, without limitation, any employee or representative of Whistle; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You are responsible for your activity in connection with the Website, Products, Application, and the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Website, Products, Application, or the Services.
By using the Website, Services and Application, you acknowledge the existence and validity of, and agree to be bound by, all terms of this Agreement, including the end user license agreement set forth below for the software embedded in the Product (“Software”). You shall not copy, decompile, disassemble, reverse engineer, or manipulate any technology in, or otherwise modify or tamper with, any Product or equipment used to receive the Services. Nothing under this Agreement or the fact that you have access to and use of the Services gives you any right, title, or interest or license in or to any technology, software, or content, or any intellectual property rights in any of the foregoing, available with the Services. You shall not have any right, title or interest or license to reproduce or otherwise use our or any third party’s trademarks, service marks, graphics, or logos. You may not, and you agree that you shall not, copy or otherwise tamper with any software or content available with the Services or Software.
Further, all materials displayed or performed on the Website or the Services, including, without limitation, text, graphics, articles, photographs, images, and illustrations (the "Content") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website or the Services, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates Whistle or any third party right. The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to U.K. and international copyright and intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, distribute, perform, display, or in any way exploit any of the Content, software, materials, Website, Application or Services in whole or in part. Copying or storing of any Content is expressly prohibited without prior written permission from Whistle or from the third-party copyright holder identified in such Content’s copyright notice. Whistle reserves the right to require prior written consent before linking to the Website.
As we do not control the networks that facilitate access to the Services, the Services may be interrupted or restricted without notice to you. Whistle is not required to give any refunds or credits if the Services are interrupted or if your ability to use the Services is limited based on Whistle's network coverage and availability however if the interruption last longer than 3 days we will consider appropriate action. Please visit https://support.whistle.com if you have any questions regarding interruption of the Services.
SMS Charges: The Services may allow you to send and receive text messages (SMS) on your mobile device. You authorise Whistle to send account-related and other SMS to your account. Message and data rates may apply, and you will be responsible for paying such charges. To stop receiving text messages from or in connection with the Services, update your notification settings in your mobile Application.
Authorization to Contact You by Phone. You authorise us and our affiliates, agents, and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us or any telephone number where we believe we may reach you using any means of communication, including, but not limited to, calls or text messages to mobile, cellular, wireless, or similar devices and calls or text messages using an automated telephone dialing system and artificial voices or prerecorded messages, even if you incur charges for receiving such communications.
WE CAN, WITH NOTICE, LIMIT, SUSPEND, OR END YOUR SUBSCRIPTION OR ANY CONTRACT WITH YOU, including, but not limited to: (i) if you: (a) breach this Agreement, any law, rule or regulation, or rights of us or any third party; (b) make a late payment or, in the case of pre‐paid subscriptions, if your credit or debit card is declined; (c) incur charges larger than a required deposit or billing limit (even if we haven't yet billed the charges); (d) provide credit information we cannot verify; (e) become insolvent or go bankrupt; (f) lie to us; (g) allow anyone to tamper with your Product; or(ii) if you, any user of your Product or any authorised contact on your account: (a) threaten or commit violence against our representatives; (b) use vulgar or inappropriate language toward our representatives; (c) harass our representatives; (d) interfere with our operations; (e) "spam," or engage in other abusive activities; (f) modify your Product from its manufacturer's specifications; (g) use the Product or the Services to violate or infringe upon any rights of any kind of us or any third party, including, but not limited to, copyright, trademark, contract, defamation, right of privacy or publicity, or any other right of any person or entity; or (h) use the Services in a way that adversely affects us, our network, or other customers, partners, representatives, agents, or affiliates. We can also temporarily limit your Services for any operational or governmental reason.
Our Right to Terminate Lines: In addition to our rights to limit or end your Plan, we reserve the right to terminate the wireless line assigned to your Product if (i) you have not had an active Plan for the Product for 12 months or longer, or (ii) Whistle stops manufacturing, selling, or supporting the Product and we have provided adequate advance notice to you. If we do this, we shall have no liability or obligation to you for terminating a wireless line.
By posting information or content on the Website or otherwise providing content, materials, or information to Whistle or in connection with the Website or the Services ("User Submissions"), you grant Whistle a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable right to use such User Submissions in connection with the Services, the Application, the Product, the Website, and Whistle’s (and its successors’ and assigns’) business, including by reformatting, modifying, creating derivative works of, excerpting, and translating any User Submissions. You understand that all information publicly posted or privately transmitted through the Website or the Services is the sole responsibility of the person from which such content originated. Under no circumstances will Whistle be liable in any way for any User Submissions, including, without limitation, any errors or omissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted, or otherwise made available via the Website or the Services.
Third Party Products or Services
The Website, Application or the Services may contain links to third party websites or services ("Third-Party Websites") that are not owned or controlled by Whistle or its affiliates. The Website or the Services may also be accessible by logging in through a Third-Party Website. Whistle has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or the opinions expressed in, any Third-Party Websites. In addition, Whistle will not and cannot monitor, verify, or edit the content of any Third-Party Website.
Disclaimer of Warranties
The Website and Application are provided to you “AS IS” and “AS AVAILABLE.” WITHOUT LIMITING THE FOREGOING, WHISTLE DOES NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE WEBSITE AND, APPLICATION. WHISTLE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PRODUCTS, WEBSITE, APPLICATION, OR SERVICES \WILL BE UNINTERRUPTED OR ERROR-FREE Please see the section ‘No Veterinary Medical Advice’ for our disclaimers of liability in relation to Whistle’s liability in relation to the information provided in relation to your pet.
We are not responsible for any losses that are:
- Unexpected: It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. We're not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your Product, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
- A business loss. Any loss that is in the context of your work or profession. The Products, Services, Application and Website are for your personal, non-commercial use only.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
The failure of Whistle to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Whistle shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Whistle’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Whistle’s prior written consent. Whistle may transfer, assign, or delegate this Agreement and its rights and obligations without your consent, and where required by applicable law will notify you if it exercises this right. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning. Except as expressly set forth in this Agreement, you and Whistle agree there are no third-party beneficiaries intended under this Agreement and this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Model Cancellation Form
To Kinship Partners, Inc., with its registered office at 804 Oak St, Brainerd, MN 56401, United States
[INSERT TELEPHONE NUMBER AND E-MAIL ADDRESS]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)
BY TICKING THE CHECKBOX AND CLICKING ON THE "ACCEPT" PURCHASE BUTTON YOU AGREE TO THESE TERMS AND CONDITIONS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE TERMS, DO NOT CLICK ON THE "ACCEPT" PURCHASE BUTTON.
End User License Agreement
This End User License Agreement (“EULA”) governs the software embedded on User’s Product ("Software") when you download the Application. We license use of the Software to you on the basis of this EULA. We do not sell the Software to you. We remain the owners of the Software at all times.
Subject to the terms and conditions in this EULA, Whistle hereby grants to you a non-exclusive, non-transferable, limited license to use the Software embedded on the Product. The terms of this EULA will govern any upgrades provided by Whistle that replace or supplement the original Software unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The license rights granted under this EULA are limited to the first 30 days after you first use the Software unless you supply information necessary to activate a Whistle subscription. You may activate a Whistle subscription by downloading the Whistle Product Application located at the Apple App Store and Google Play. You acknowledge that you have no right to have access to the Software in source code form. You may install and use the Software for your personal purposes only.
You agree not to copy, create derivative works, reproduce, modify, or distribute the Software, or otherwise exceed the scope of the foregoing license. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services, or otherwise transfer the Software for value. This EULA does not allow you to use the Software on a Product that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
Additional Terms and Conditions for Apple Users. NOTE – The terms and conditions of this paragraph apply to you only if you downloaded the Application through Apple Inc.’s App Store. You acknowledge that this EULA is between you and Whistle, and that Apple Inc. (“Apple”) bears no responsibility for the Application and its content. The license grant under this EULA is a non-transferable license to use the Application on any Apple-branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or a third party relating to the Application or your use of the Application, including without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Application or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.
The Software is licensed and not sold. You agree that Whistle and its licensors retain all right, title, and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties. Please see "Whistle Legal Agreements" available at www.whistle.com/legal/ for additional ownership, licensing, and warranty information about additional software components included with the Product, if any.
Any rights not expressly granted to you are reserved by Whistle and its affiliates. Neither this EULA nor any act by Whistle pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, or any other intellectual property rights of Whistle or its affiliates, except as expressly provided herein.
Export Controls. You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Application is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Application, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
Termination. This EULA shall terminate immediately, with written notice, if you fail to comply with any material term of this EULA. In addition, Whistle may terminate this EULA at any time upon notice to you and by posting notice on our website located at www.whistle.com.
Data protection. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in [https://www.mars.com/privacy] and it is important that you read that information.
Miscellaneous. Your use of software components together with the Whistle Software is subject to the terms of your separate license from Whistle. Compliance with all copyright laws and software licenses included in this EULA are the responsibility of the user. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
General. The failure of Whistle to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Whistle shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Whistle’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Whistle’s prior written consent. Whistle may transfer, assign, or delegate this Agreement and its rights and obligations without your consent, and will notify you if it exercises this right. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning. Except as expressly set forth in this Agreement, you and Whistle agree there are no third-party beneficiaries intended under this Agreement and this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Whistle reserves the right to change the terms and conditions of this EULA by posting a revised EULA in the Application and mailing or emailing notice thereof to you. In addition, Whistle may add, modify, or delete any aspect, program, or feature of the Application, although Whistle is not under any obligation to add any upgrade, enhancement, or modification, where Whistle is materially changing an aspect of the Software, we shall notify you in advance. If you wish to terminate our agreement as a result, please contact to let us know. Your continued use of the Application following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this EULA (and acceptance of the version of this EULA then in effect). Accordingly, please review the EULA found in the Application on a periodic basis.
BY TICKING THE CHECKBOX AND DOWNLOADING THE APPLICATION YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT DOWNLOAD THE APPLICATION.