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End User License Agreement (EULA) — Whispet

Version: 2.9  |  Effective date: 1 March 2026  |  Last updated: July 13, 2026

1. General provisions

1.1. This End User License Agreement (hereinafter: the "Agreement" or "EULA") sets out the terms of use for the Whispet mobile application (hereinafter: the "App").

1.2. The Licensor of the App is:

CRE8EVE Sp. z o.o.
Address: Tulipanowa 4, 72-003 Dobra, Poland
KRS (National Court Register): 0000912669 | NIP (Tax ID): 8513262229 | REGON: 389506637
E-mail: hello@whispet.app
(hereinafter: the "Licensor")

1.3. By installing, copying, or otherwise using the App, the User confirms that they have read this Agreement and accept its terms. If the User does not accept the terms of this Agreement, they should not install or use the App.

1.4. This Agreement supplements the Whispet Terms of Service, Privacy Policy, and Subscription Terms. In the event of a conflict between this Agreement and the Terms of Service, the Terms of Service shall prevail.

2. Definitions

  • App — the Whispet application available for devices running iOS (18+) and macOS, built natively using SwiftUI.
  • Licensor — the entity specified in section 1.2.
  • User — a natural person who has installed the App and uses it.
  • Licence — the right to use the App under the terms set out in this Agreement.
  • User Content — any data, photos, descriptions, and information entered into the App by the User.
  • Subscription — a paid plan providing access to extended App features.
  • Store — the Apple App Store or Mac App Store through which the App was downloaded.

3. Grant of licence

3.1. The Licensor grants the User a non-exclusive, non-transferable, revocable, limited licence to use the App solely for personal, non-commercial purposes, in accordance with the terms of this Agreement.

3.2. The licence includes the right to:

  • install the App on devices associated with the User's account in the relevant Store (in accordance with the rules of that Store),
  • use the App in accordance with its intended purpose (keeping a pet diary, recording medical data, maintaining health/behavioural event journals, managing photos and reminders).

3.3. The licence is granted for an indefinite period, subject to the provisions on termination of the Agreement (section 11).

4. Scope of licence and restrictions

4.1. The User is not authorised to:

a) copy, modify, adapt, translate, or create derivative works based on the App or any part thereof,

b) decompile, disassemble, or reverse engineer the App, except where expressly permitted by mandatory provisions of law,

c) rent, lend, sublicense, distribute, or make the App available to third parties,

d) remove, alter, or conceal copyright notices, trademarks, or other proprietary notices contained in the App,

e) use the App for commercial purposes without the written consent of the Licensor,

f) use the App for purposes contrary to law or in a manner that infringes the rights of third parties,

g) circumvent technical protections of the App, including functional limitations of the Free Plan.

4.2. The scope of features depends on the selected subscription plan (Free / Premium). The full feature list is set out in the Subscription Terms and in §5 of the Terms of Service.

5. User Content

5.1. The User retains full rights to all User Content entered into the App, including photos, descriptions, pet medical data, event journal entries, and other information.

5.2. The Licensor claims no ownership rights to User Content.

5.3. The User grants the Licensor a non-exclusive, royalty-free licence to process User Content solely to the extent necessary for the provision of App services (e.g. generating thumbnails, displaying data, iCloud synchronisation).

5.4. Local-first architecture: User data (including User Content) is stored primarily locally on the User's device and, optionally, synchronised with the User's private iCloud database (Apple CloudKit). The User is responsible for keeping an active iCloud account with synchronisation enabled to ensure data continuity.

5.5. Uninstalling the App from the device removes local data, but does not remove data synchronised with the User's private iCloud database. To permanently delete all Whispet data (from the device and from iCloud), the User should — before uninstalling — use the "Delete all my data" feature available in Settings → Your account. This feature removes all Whispet data zones from the private iCloud database and clears local data. The Premium subscription remains active (managed by Apple independently).

5.6. "Whispet" album in the Apple Photos library. Photos taken with the in-app camera are copied to a dedicated "Whispet" album in the User's Apple Photos library. The album survives App uninstall and remains under the User's control in the system Photos app. Details: Privacy Policy §3.3.

5.7. Shared Care — Participant. Content saved by the Participant to a shared pet is stored in the sharing zone within the Owner's private iCloud database. The Participant loses access to that content upon access revocation; the App offers an optional export of the Participant's own photos. Details: Privacy Policy §6a.4 and Terms of Service §5a.8.

6. Subscriptions and payments

6.1. Detailed subscription terms, including rules for payments, automatic renewal, cancellation, and plan changes, are set out in a separate document: Subscription Terms.

6.2. Subscription payments are processed exclusively via:

  • Apple App Store (iOS/macOS) — Apple In-App Purchase

6.3. The Licensor does not process or store the User's payment data. Transactions are handled entirely by Apple Inc.

6.4. Subscription prices include VAT. Actual prices may vary by country and are displayed in the Store before purchase.

7. Intellectual property

7.1. Scope of protection

The Whispet App and all of its elements are the exclusive property of the Licensor (CRE8EVE Sp. z o.o.) and are protected by law on the basis of the Polish Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2022, item 2509, as amended), in particular Chapter 7 on computer programs (Art. 74–77²), the Polish Act of 30 June 2000 — Industrial Property Law (Journal of Laws 2023, item 1170, as amended) with respect to trademarks, provisions of European Union law (including Directive 2009/24/EC on the legal protection of computer programs, Directive 2001/29/EC) and international conventions (the Berne Convention, the TRIPS Agreement).

Protection covers in particular:

a) Source code and binaries — the full source code of the App (Swift, SwiftUI), compiled executable files, data structures, CloudKit and SwiftData schema definitions,

b) User interface (UI) and UX design — screen layouts, navigation flows, interaction gestures, micro-interactions, the manner of presenting pet medical data,

c) Graphic elements — App icons, illustrations, animations (including gradient effects, glassmorphism), gradient palettes, high-contrast mode, theme variants (light, dark, OLED, high contrast),

d) Algorithms and methodologies — proprietary solutions for pet photo categorisation and integration with the Apple Vision framework (Smart Detection — the framework itself remains the property of Apple Inc.), Smart Import (batch photo history import), photo streaks system, the mechanism for permanent deletion of previously shared pets, and the proprietary architecture for sharing pet profiles within Shared Care,

e) Data architecture — the proprietary model of relations between pets, entries, photos, medical data and event journals; the layout of CloudKit zones; Shared Care logic,

f) Textual content — complete in-app documentation, marketing copy, feature descriptions, FAQ, onboarding content, error messages and accessibility labels,

g) Look & feel — the overall distinctive appearance and behaviour of the App, including proprietary glassmorphism solutions, the medical colour scheme, the composition of Sharing Moments cards.

7.2. Trademarks and trade marks

The following are the exclusive property of the Licensor:

  • the "Whispet" name and the App logo,
  • the names of proprietary App features, in particular: "Sharing Moments", "QR Pet Card", "Smart Detection", "Smart Import", "Shared Care", "Photo of the Day",
  • the names of the demonstration pets "Milo" and "Luna" in the context of the Whispet onboarding feature,
  • all advertising slogans and taglines associated with the App.

Use of the above designations by third parties without the Licensor's written consent constitutes infringement of the Licensor's rights and may give rise to civil and criminal liability.

7.3. Scope of licence for the User

This Agreement grants the User only a limited, non-exclusive, non-transferable licence for personal, non-commercial use of the App (section 3). The Agreement does not transfer to the User any intellectual property rights in the App. All rights not expressly granted to the User are reserved to the Licensor.

In particular, the User is not authorised to (section 4):

a) copy, modify, adapt, or create derivative works based on the App or any of its elements,

b) decompile, disassemble, reverse engineer the source code (subject to the statutory right of decompilation for interoperability — Art. 75(2)–(3) of the Polish Copyright Act),

c) use the Licensor's name, logo, or other designations to create competing or origin-confusing applications, services, or products,

d) create applications that are confusingly similar in appearance, user-interface layout, or functionality (look-alike, slavish imitation) in a manner liable to cause confusion as to origin,

e) remove or alter any authorship notices, trademarks, copyright marks, or other proprietary identifiers,

f) use the App or any of its elements to train artificial-intelligence models without the Licensor's written consent,

g) automatically scrape content, reverse-engineer communication protocols, or attempt to gain unauthorised access to the infrastructure of the Licensor or its providers.

7.4. User Content

The User retains full rights to User Content entered into the App (photos, descriptions, pet data, journal entries) — details in section 5. The Licensor claims no ownership rights in User Content and has no access to it (zero-server architecture — see the Privacy Policy).

The User declares that:

a) they are authorised to enter User Content into the App (including holding rights to the photos or having obtained the consent of authorised persons),

b) the User Content does not infringe the copyrights, trademarks, or other rights of third parties,

c) they bear sole responsibility for the User Content and its compliance with the law.

In the event of a notice of third-party rights infringement by User Content, the Licensor may (via the Apple App Store or directly) require the User to cease the infringement.

7.5. Open-source software components

The App contains the following third-party components subject to their own open-source licences:

  • Nunito font — by Vernon Adams, Cyreal, and Jacques Le Bailly, under the SIL Open Font License 1.1 (https://scripts.sil.org/OFL). The font is bundled directly within the App package.
  • Apple Inc. frameworks — SwiftUI, SwiftData, CloudKit, StoreKit, Vision, PhotoKit, MapKit, UNNotificationCenter, PDFKit, and others — used under the Apple Developer Program License Agreement.
  • SF Symbols icons — the property of Apple Inc., used under the Apple SF Symbols License terms.

A full list of open-source components together with their licence texts is available in the App at Settings → Licences → Open-source licences.

This Agreement does not cover the licences granted by third parties for the above components — the terms of their use are determined by the respective open-source licences.

7.6. Enforcement of rights and claims

In the event of an infringement of the Licensor's intellectual-property rights, the Licensor is entitled to claim, in particular:

  • a demand that the infringement cease,
  • the removal of the effects of the infringement,
  • compensation for damage on general principles or payment of a sum corresponding to twice the appropriate remuneration (Art. 79(1)(3) of the Polish Copyright Act),
  • the surrender of benefits obtained,
  • a public statement of appropriate content and form.

The above claims may be pursued before the competent Polish court (section 13.3).

7.7. Survival

The provisions of this section 7 remain in force after the termination of this Agreement or the User's cessation of use of the App. Revocation of the licence does not extinguish the Licensor's rights in the App or the right to pursue claims in respect of infringements committed during the term of the Agreement.

8. Third-party services and components

8.1. The App uses services provided by Apple Inc. (In-App Purchase, iCloud / CloudKit, Apple Push Notification Service, Apple Maps / MapKit — address suggestions for veterinary clinics) and on-device iOS system frameworks (Apple Vision framework for Smart Detection — processing on-device, with no data transfer). The full list of subprocessors together with the scope of data processing is set out in the Data Subprocessors List.

8.2. The use of third-party services is subject to the terms of service and privacy policies of those parties. The Licensor is not responsible for the operation of third-party services.

8.3. The Licensor reserves the right to change third-party service providers, provided this does not materially affect the App's functionality.

9. Disclaimer of warranties

9.1. The App is provided "as is" and "as available", to the fullest extent permitted by applicable law.

9.2. The Licensor makes every effort to ensure the App functions correctly, but does not guarantee:

  • uninterrupted and error-free operation of the App,
  • compatibility with all devices and operating system versions,
  • the achievement of specific results by the User.

9.3. The App does not constitute veterinary advice. Medical data and reminders recorded in the App are for informational and organisational purposes only. For pet health matters, the User should always consult a qualified veterinarian.

9.4. The smart pet photo detection feature (Smart Detection) is auxiliary in nature. Animal type recognition (e.g., dog, cat) by Apple Vision framework (on-device processing) is approximate — classification errors may occur. The Licensor is not liable for classification errors. The User should verify detection results.

9.5. Reminders for vaccinations, medications, and veterinary visits are informational in nature and do not replace veterinary recommendations.

10. Limitation of liability

10.1. Nature of the App

The Whispet App is an informational and organisational tool for keeping the User's personal pet diary. The App:

a) does not provide veterinary services and does not replace consultation with a veterinarian (section 9.3),

b) does not provide data-storage services — the User's data is stored exclusively on the User's device and in the User's private iCloud database, to which the Licensor has no access (zero-server architecture),

c) does not provide data-transmission services — data synchronisation occurs solely via Apple iCloud infrastructure, controlled by Apple Inc.,

d) features using the Apple Vision framework (recognition of animals in photos, Smart Detection, Smart Import) are auxiliary — classification results are approximate and should be verified by the User (section 9.4),

e) reminders for vaccinations, medications and veterinary visits are informational only — the User should not rely solely on the App's notifications in matters of pet health.

10.2. Liability exclusions

To the fullest extent permitted by applicable law the Licensor shall not be liable for:

a) Data loss caused by:

  • failure of the User's device or its operating system,
  • the User uninstalling the App,
  • the absence of active iCloud synchronisation or the User disabling the iCloud service,
  • the User's iCloud account storage capacity being exceeded,
  • failures or unavailability of Apple Inc. infrastructure,
  • actions of the User or persons to whom the User makes the device or data available (e.g. within Shared Care),

b) Interruptions in the App's operation caused by:

  • force majeure (natural disasters, acts of terrorism, acts of war, decisions of state authorities),
  • failures of Apple iCloud, Apple App Store, Apple Push Notification Service, or other Apple services,
  • maintenance work on iOS or the App,
  • cyber-attacks despite the application of appropriate technical and organisational measures,

c) Damage arising from acts or omissions of Apple Inc. — including the iCloud, CloudKit, App Store, In-App Purchase, Apple ID, Apple Push Notification Service, Apple Vision framework, Apple Maps / MapKit — which constitute services provided by Apple Inc. under separate agreements between the User and Apple,

d) Damage arising from the App's informational features:

  • decisions made by the User based on medical reminders, pet medical data or other information presented in the App without consulting a veterinarian,
  • pet health consequences arising from failure to follow veterinary recommendations or from misinterpretation of data,
  • Smart Detection classification errors (e.g., incorrect recognition of an animal type in a photo) or Smart Import errors,
  • errors in address suggestions or clinic coordinates returned by Apple Maps,

e) Damage arising from use of the App inconsistent with its purpose or with this Agreement, including:

  • attempts to circumvent the App's protections or the functional limitations of the Free Plan,
  • decompilation, disassembly, or reverse engineering beyond Art. 75(2)–(3) of the Polish Copyright Act,
  • use of the App for commercial purposes without the Licensor's written consent,

f) Indirect, consequential, incidental, or special damages, including in particular:

  • lost profits, lost revenues, lost savings,
  • loss of reputation or goodwill,
  • business interruption,
  • costs of obtaining substitute software or data,

g) Content entered by the User or by Participants in Shared Care — the Licensor has no access to that content and no ability to moderate it.

10.3. Monetary cap on liability

The total aggregate liability of the Licensor to the User on any grounds related to the App (contractual, tortious, in warranty, or otherwise) is limited to the amount actually paid by the User to the Licensor for the subscription during the 12 months immediately preceding the event giving rise to liability.

The above limitation applies regardless of the number of events to which a claim relates and regardless of the legal basis of the claim.

10.4. Complaints and claim notification procedure

Any claim for damages for which the Licensor is liable should be reported by the User to the Licensor in writing (e-mail: hello@whispet.app) within 30 days of the day on which the User learned, or with the exercise of due diligence could have learned, of the damage. After that period the Licensor may refuse to consider the claim due to difficulty in verifying the factual circumstances. This time limit does not apply to consumer claims governed by mandatory provisions of law.

10.5. Preservation of consumer rights

The above limitations of liability do not prejudice the rights of a User who is a consumer arising from mandatory provisions of law. In particular, the provisions of this section do not exclude or limit the Licensor's liability:

a) for damage caused by the wilful misconduct of the Licensor (Art. 473 § 2 of the Polish Civil Code),

b) for personal injury or death of a natural person,

c) for consumer rights arising from the Polish Act of 30 May 2014 on Consumer Rights, in particular liability for non-conformity of digital content or a digital service with the contract (Chapter 5b of the Consumer Rights Act — transposition of Directive (EU) 2019/770),

d) for breach of personal data protection provisions (GDPR Art. 82 — compensation for infringement),

e) in other cases in which the exclusion or limitation of liability is impermissible under mandatory provisions.

Provisions contrary to mandatory provisions (in particular unfair contract terms within the meaning of Art. 385¹ of the Polish Civil Code) are ineffective to the extent they infringe consumer rights; the remainder of this Agreement remains in force.

11. Termination of the Agreement

11.1. The User may terminate this Agreement at any time by:

  • uninstalling the App from all their devices,
  • cancelling the subscription (if active) through the Store.

11.2. The Licensor may terminate this Agreement and revoke the licence with immediate effect in the event of:

  • violation of the terms of this Agreement or the Terms of Service by the User,
  • use of the App in a manner contrary to law,
  • actions detrimental to the Licensor, the App, or other Users.

11.3. Before termination, the Licensor will request the User to cease the violations, setting a 7-day deadline, unless the nature of the violation makes it impossible to set such a deadline.

11.4. Upon termination:

  • the User loses the right to use the App,
  • data stored locally on the User's device remains at their disposal (the Licensor does not have access to it),
  • any active subscription should be cancelled by the User in the Store.

12. Updates and modifications

12.1. The Licensor may periodically release App updates containing bug fixes, functionality improvements, or new features.

12.2. Updates may be required for continued use of the App. Failure to update may result in limited functionality or inability to use the App.

12.3. The Licensor reserves the right to amend this Agreement. The User will be notified of material changes via the App at least 14 days before they take effect.

12.4. Continued use of the App after changes take effect constitutes acceptance of the new version of the Agreement. If the User does not accept the changes, they should cease using the App and uninstall it.

13. Governing law and dispute resolution

13.1. This Agreement is governed by Polish law.

13.2. In matters not regulated by this Agreement, the following shall apply:

  • the Polish Civil Code,
  • the Polish Act of 4 February 1994 on Copyright and Related Rights,
  • the Act of 18 July 2002 on the Provision of Electronic Services,
  • the Act of 30 May 2014 on Consumer Rights,
  • the GDPR (Regulation (EU) 2016/679).

13.3. Any disputes arising from or in connection with this Agreement shall be resolved by the Polish court having territorial and subject-matter jurisdiction over the Licensor's registered office, unless mandatory provisions of law provide otherwise.

14. Consumer rights

14.1. A User who is a consumer within the meaning of Art. 22¹ of the Polish Civil Code has the right to withdraw from a distance contract within 14 days of the conclusion of the contract, without giving a reason (in accordance with the Polish Act of 30 May 2014 on Consumer Rights).

14.2. To exercise the right of withdrawal, the User should submit a withdrawal statement:

  • by e-mail to: hello@whispet.app
  • in writing to: CRE8EVE Sp. z o.o., Tulipanowa 4, 72-003 Dobra, Poland

14.3. Apple as seller-of-record: the Premium subscription purchased through the in-App paywall is a contract concluded with Apple Distribution International Ltd. (Hollyhill Industrial Estate, Hollyhill, Cork, Ireland — for the EEA) as seller-of-record, not with the Licensor. Apple processes the payment and issues the receipt/invoice. The right of withdrawal is exercised in accordance with the Apple App Store terms and Apple's refund policy.

14.4. Exercising withdrawal and cancellation: Apple operates its own refund procedures (usually via reportaproblem.apple.com) and provides a subscription-cancellation option in Settings → Apple ID → Subscriptions on the device (a mechanism that satisfies the EU withdrawal/cancellation-button requirement under Directive (EU) 2023/2673 effective 19 June 2026). Refunds are processed exclusively by Apple — the Licensor will assist with contacting Apple but has no technical means to process a refund on its own.

14.5. A User who is a consumer has the option to use out-of-court complaint and redress mechanisms, including:

  • through the municipal (district) consumer ombudsman,
  • through the Polish Trade Inspection.

14.6. No provision of this Agreement shall exclude or limit the rights of a User who is a consumer under mandatory provisions of law.

14.7. The choice of Polish law as the law governing this Agreement shall not deprive the User who is a consumer of the protection afforded by mandatory provisions of the law of the country of his or her habitual residence.

14.8. The entities authorised to handle out-of-court consumer disputes in Poland are, in particular, the municipal (district) consumer ombudsmen and the Polish Trade Inspection. A list of authorised entities is available on the website of the President of the Office of Competition and Consumer Protection (UOKiK): https://www.uokik.gov.pl. Consumers from other EEA Member States may make use of the European Consumer Centres Network (ECC-Net): https://www.eccnet.eu.

15. Relationship with Store terms

15.1. This Agreement is concluded between the User and the Licensor. Apple Inc. and its affiliates are not a party to this Agreement.

15.2. The Licensor, not Apple, is solely responsible for the App and its content.

15.3. In the event of a conflict between this Agreement and the Store terms of use, the Store terms shall prevail to the extent they relate to the User's relationship with the Store.

15.4. Apple Inc., as the Store operator, is a third-party beneficiary of this Agreement and has the right to enforce its provisions against the User to the extent they relate to its platform.

15.5. Claims and complaints regarding the App (including those concerning product liability, legal compliance, and consumer protection) should be directed to the Licensor, not to Apple.

16. Contact

For matters concerning this Agreement, please contact:

CRE8EVE Sp. z o.o.
Address: Tulipanowa 4, 72-003 Dobra, Poland
E-mail: hello@whispet.app
KRS: 0000912669 | NIP: 8513262229 | REGON: 389506637

17. Final provisions

17.1. If any provision of this Agreement is found to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.

17.2. Failure by the Licensor to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce it in the future.

17.3. This Agreement, together with the Terms of Service, Privacy Policy, and Subscription Terms, constitutes the entire agreement between the User and the Licensor regarding the use of the App.

17.4. In the event of discrepancies between language versions of this Agreement, the Polish version shall prevail. This does not deprive a consumer of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence.

17.5. This Agreement enters into force on 1 March 2026.