Terms of Service

1. General provisions

1.1. These Terms of Service set out the rules for using the Whispet mobile application (hereinafter: the "App").

1.2. The owner and operator 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 "Service Provider")

1.3. Using the App constitutes acceptance of these Terms of Service and the Privacy Policy.

1.4. These Terms of Service are made available free of charge in a form that allows downloading, saving, and printing.

2. Definitions

App — the Whispet mobile application available for iOS and macOS devices (Android version planned), enabling the keeping of a pet diary.
Service Provider — the entity specified in section 1.2.
User — a natural person who uses the App.
Service — an electronic service provided by the Service Provider to the User through the App.
Subscription — a paid plan providing access to extended App features.
User Content — any data, photos, and information entered into the App by the User.

3. Type and scope of services

3.1. The App enables the User to:

a) Timeline — keep a chronological pet diary with photos and descriptions.

b) Photo Gallery — manage pet photos, including marking favourites, cropping, and sharing.

c) Medical Data — record vaccinations, medications (with administration schedules), allergies/allergens, nutrition (food, supplements), veterinary visits, medical documents, and monitor pet weight with charts.

d) Event Journals — create custom journals for tracking recurring health or behavioural events (e.g. epilepsy, digestion). The User defines the journal structure (field types: chips/tags, sliders, toggles, numeric fields, time pickers) and records entries with field values, notes, and optional photos. Pre-built journal templates are available. Data is stored locally on the device.

e) Medical reminders — local notifications about upcoming vaccinations, medications, deworming, and veterinary visits (Free + Premium).

f) PDF Export — generate PDF reports with medical data and vaccinations (weight history in the report — Premium).

g) QR Pet Card — generate a compact card with a QR code containing key pet data (name, breed / variety, microchip number, allergens, medications, and optionally owner contact details). The QR code is generated entirely on the device; optional owner contact details (name and phone number) are embedded directly in the QR code and are not stored in the App's database.

h) Profile sharing — share the pet's profile as a PDF report or a QR Card using the system share sheet.

i) Sharing Moments (Share Cards) — create personalised cards with a pet photo. The card creator is available regardless of plan and offers two modes (Photo of the Day, Text) as well as adjustment of the card format, the photo filter, the typeface and alignment of the text, a decorative emoji, the darkening of the background behind the text, and custom text (up to 150 characters). The card is generated locally on the device as a PNG image and shared via the system share sheet. The Whispet watermark is always present on the card in the Free Plan and optional in the Premium Plan. Regardless of plan, the User may share the photo alone (without a card) directly from the gallery or timeline using the system share sheet.

j) Medical onboarding — an optional setup screen presented after adding the first pet, enabling the User to quickly add a vaccination, a medication, and a vet visit.

k) Medical data export — export of medical documentation to PDF or XLSX (basic profile export — Free; weight history in the export and event journal export — Premium). Files are generated locally. A full copy of iCloud data is available via Apple (privacy.apple.com).

l) Photo History Import (Premium) — batch import of photos from the device gallery. All operations are performed locally.

m) Smart pet photo detection (Premium) — the Smart Detection feature using the Apple Vision framework to detect animal photos in the gallery. Analysis is performed exclusively on the device.

n) Automatic EXIF date reading — reading the EXIF DateTimeOriginal date to place photos on the timeline at the correct date. The User may manually correct the date. The reading is performed locally.

3.2. The scope of available features depends on the selected subscription plan (see: section 5).

4. Technical requirements

4.1. Using the App requires:

A device running iOS 18 or later, or macOS (Android version is planned)
An Internet connection (optional — required for iCloud synchronisation and Shared Care updates; the App also works offline)
Storage space on the device for data and photos

4.2. The App operates in offline-first mode — all data is stored locally on the User's device and the App is fully functional without an Internet connection. Optionally, the App synchronises data with the User's private iCloud database (Apple CloudKit) across their devices and — as part of the Shared Care feature — shares selected pet profiles with designated people via Apple CloudKit. Data is stored exclusively in the User's iCloud account and Apple infrastructure — the Service Provider has no access to the content. The App does not use Firebase, Google Analytics, or any other external analytics/advertising services.

4.3. The User is responsible for ensuring an appropriate device and Internet connection.

5. Subscription plans

The App offers two subscription plans: a free Free plan and a paid Premium plan (in monthly and annual variants). The full feature list for each plan, together with payment, auto-renewal, cancellation, plan change, trial period, and refund details, is available in the separate Subscription Terms document.

Feature summary:

Free plan — 1 pet, up to 5 photos per day, basic medical data and journal, medical reminders, basic PDF/XLSX export (without weight history), QR Pet Card, iCloud synchronization.
Premium plan — up to 20 pets, unlimited photos, full PDF/XLSX export, weight tracking, event journals, photo history import, Smart Pet Photo Detection, Sharing Moments (Share Cards) without watermark, Shared Care (sharing pets with up to 10 people).

Plan change. The User may change their subscription plan at any time. When downgrading, excess pet profiles will be archived (not deleted) — the User retains access to the data but cannot add new entries to archived profiles. Plan change details are set out in Subscription Terms §6.

5a.1. The App allows a User holding an active Premium subscription (hereinafter the "Owner") to share selected pet profiles with other Users — family members, close ones, or temporary caregivers (hereinafter "Participants"). The feature is implemented exclusively through the Apple CloudKit sharing infrastructure. Each shared pet has its own isolated sharing area within the Owner's iCloud database. The Service Provider does NOT mediate the transfer of Shared Care data and has no access to the shared content.

5a.2. Premium subscription requirement for sharing one's own pets: Activating the sharing of one's own pet with other people requires an active Premium subscription on the Owner's side. In the Free plan the User may, without restrictions:

accept invitations from other Owners and use shared pets as a Participant (no limit on the number of received pets),
edit their own alias (the name visible to people with access).

5a.3. Maximum number of Participants: Each Owner may share their pets with a maximum of 10 unique Participants in total. The same person with access to multiple pets counts as one Participant. The limit applies per Owner in total across all shared pets, regardless of their number.

5a.4. Sharing modes (per-participant): The Owner may select a sharing mode per participant:

Photos only (default) — the Participant sees only the pet's photos. Without an explicit switch to "Full access" the Participant never gains access to medical data.
Full access — the Participant sees all data: basic profile, photos, and medical data (vaccinations, medications, vet visits, allergens, nutrition, documents, event journal).

5a.5. Participant's rights: Regardless of the sharing mode, the Participant:

may NOT edit the pet's profile or medical data (read-only mode),
may NOT edit or delete the pet's avatar,
MAY add their own photos to the shared pet,
MAY NOT delete any photos — deletion of photos (including those added by the Participant themselves) is the exclusive prerogative of the Owner. This rule protects the pet's history from accidental or unintentional deletion by people with access,
MAY at any time leave the share ("Leave").

5a.6. Owner's rights: The pet's Owner:

retains full control over the pet's profile and medical data,
MAY change the per-participant sharing mode at any time,
MAY at any time stop sharing ("Stop sharing") or remove individual Participants,
MAY delete any photos of the pet — including photos added by Participants.

5a.7. Owner's Premium loss: Expiration or cancellation of the Owner's Premium subscription immediately disables sharing for all of the Owner's pets. Participants lose access immediately, without prior notice (a product decision preserving the privacy of the Owner's subscription status). The Apple Billing Grace Period protects against accidental subscription loss caused by a failed payment.

5a.8. Photo export on access loss: The Participant loses access to all of the shared pet's data within the sharing zone, including any photos the Participant added themselves. Before the loss of access takes effect, the App offers an optional export of the Participant's own photos to the iOS system gallery. Details: Privacy Policy §6a.4.

5a.9. Technical implications of sharing: Data shared as part of Shared Care flows exclusively through the Apple CloudKit infrastructure. The Service Provider:

does NOT mediate the transfer of Shared Care data,
has NO access to the shared content,
does NOT store the list of Participants on its own servers,
does NOT use Shared Care data for any purpose other than enabling the feature to operate within the App.

5a.10. Relationship to Apple iCloud Family Sharing: Shared Care in Whispet is an independent feature implemented via the CloudKit Sharing API and does NOT require nor use membership in the Apple iCloud Family Sharing group. These are two different services — a Participant does not need to be a member of the Owner's Apple Family group. In the App's UI and internal project documentation the feature appears under the name "Shared Care".

Details concerning Apple CloudKit data processing are described in the Data Subprocessors List and the Privacy Policy.

6. Payments

6.1. Subscription payments are processed via:

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

6.2. The Service Provider does not process the User's payment data (e.g. credit card number). All transactions are handled by Apple Inc.

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

6.4. Automatic renewal: The subscription renews automatically for the next billing period (month or year, depending on the selected plan), unless the User cancels the subscription at least 24 hours before the end of the current period.

6.5. Cancelling a subscription: To cancel a subscription, the User must:

iOS/macOS: Settings > Apple ID > Subscriptions > Whispet > Cancel Subscription

6.6. Cancelling a subscription does not result in data loss. Data remains on the device, and after the subscription expires, the User returns to the Free Plan.

6.7. Refunds: Refunds are handled in accordance with the Apple App Store refund policy. To obtain a refund, the User should contact Apple directly.

7. Use without registration

7.1. The App does not require registration or the creation of a user account. Using the App does not require providing an email address, password, or any personal data.

7.2. All User data is stored locally on the device and — optionally — synchronised with the User's private iCloud database (Apple CloudKit). Synchronisation is performed solely within the User's iCloud account, not on the Service Provider's servers. The App does not use Firebase or any other external analytics services.

7.3. The User may delete all their data at any time (from the device and from the private iCloud database) using the "Delete all my data" feature available in Settings → Your account in the App. This feature removes all Whispet data zones from the User's private iCloud database and clears local data on the device. Uninstalling the App alone removes only local data — iCloud data persists until the in-app deletion feature is used, either before uninstalling or after reinstalling.

8. User obligations

8.1. The User undertakes to:

use the App in accordance with its intended purpose,
not take any actions that may disrupt the proper functioning of the App,
not publish content that is unlawful, offensive, or infringes the rights of third parties,
ensure the security of their device and access data.

8.2. The User bears sole responsibility for User Content entered into the App.

9. Service Provider's liability

9.1. The Service Provider makes every effort to ensure the App functions correctly and is available without interruption (best effort).

9.2. The Service Provider shall not be liable for:

interruptions in App availability caused by factors beyond its control (force majeure, infrastructure failures, maintenance work),
data loss caused by failure of the User's device, uninstalling the App, or lack of active iCloud synchronisation,
content entered by the User,
actions or omissions of third parties (Apple Inc.).

9.3. To the fullest extent permitted by applicable law, the Service Provider's liability is limited to the amount paid by the User for the subscription in the 12 months preceding the event.

9.4. Features using automatic image recognition (pet photo detection) are supplementary in nature. Suggestions generated by Apple Vision framework (on-device processing) may be inaccurate and should be verified by the User. This also applies to the "Find Pet Photos" feature, where animal type recognition (e.g., dog, cat) is approximate — classification errors may occur.

9.5. The App is a digital service within the meaning of Chapter 5b of the Polish Act of 30 May 2014 on Consumer Rights. The Service Provider is obliged to provide the App in conformity with the contract, and in the event of non-conformity a User who is a consumer has the rights arising from Art. 43k–43o of the Act on Consumer Rights (including the right to demand that conformity be brought about, a price reduction, or withdrawal from the contract in specified cases).

10. Medical data disclaimer

10.1. Medical data in the App does not constitute veterinary advice. The App is intended solely for recording and organising pet medical information. For pet health matters, the User should always consult a qualified veterinarian.

10.2. Reminders for vaccinations and medications are informational in nature and do not replace veterinary recommendations.

11. Intellectual property rights

11.1. The App, its source code, user interface, graphics, icons, and documentation are the property of the Service Provider and are protected under copyright law.

11.2. The User retains full rights to their User Content (photos, descriptions, pet data).

11.3. The User grants the Service Provider a non-exclusive licence to process User Content solely to the extent necessary for the provision of App services (e.g. generating thumbnails). User Content is not transmitted to external servers.

12. Complaints

12.1. The User has the right to submit a complaint regarding the functioning of the App.

12.2. Complaints may be submitted:

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

12.3. A complaint should include:

the User's contact details (name, e-mail address),
a description of the issue,
the expected resolution.

12.4. The Service Provider will process the complaint within 14 days of receipt and will notify the User of the outcome at the e-mail address provided.

13. Right of withdrawal

13.1. 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).

13.2. 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

13.3. Apple as seller-of-record: A Premium subscription purchased through the in-App paywall is a contract concluded with Apple Distribution International Ltd. (for the EEA), not with the Service Provider. Apple acts as the seller-of-record, 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.

13.4. 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 Service Provider will assist with contacting Apple but has no technical means to process refunds directly.

14. Termination

14.1. The User may cease using the App at any time by:

uninstalling the App from their device,
cancelling the subscription (if active).

14.2. The Service Provider may terminate the agreement with the User with immediate effect in the event of:

violation of these Terms of Service by the User,
use of the App in a manner contrary to law,
actions detrimental to the Service Provider or other Users.

14.3. Before termination, the Service Provider 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.

15. Out-of-court dispute resolution

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

15.2. Out-of-court consumer dispute resolution:

🇵🇱 Poland — UOKiK (Office of Competition and Consumer Protection): https://www.uokik.gov.pl; municipal / district consumer ombudsman; Polish Trade Inspection
🇪🇺 European Consumer Centres Network (ECC-Net) — assistance for EEA consumers: https://www.eccnet.eu

16. Final provisions

16.1. These Terms of Service are governed by Polish law. The choice of Polish law shall not deprive the User who is a consumer of the protection afforded by mandatory provisions of the law of the country of his habitual residence.

16.1a. Any disputes arising from or in connection with these Terms shall be resolved by the Polish court having territorial and subject-matter jurisdiction over the Service Provider's registered office, unless mandatory provisions of law provide otherwise.

16.2. In matters not regulated by these Terms, the following shall apply:

the Polish Civil Code,
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).

16.3. The Service Provider reserves the right to amend these Terms — solely for valid reasons, which are:

a) a change in generally applicable laws or in their official or judicial interpretation, affecting the content of these Terms or the manner in which the services are provided;

b) a court ruling or a decision or recommendation of a competent authority, affecting the content of these Terms;

c) a change in the requirements of the store operator through which the App is distributed (in particular the App Store Review Guidelines and Apple's terms);

d) reasons of App security or of the protection of Users' personal data;

e) technological development of the App — the addition, modification or withdrawal of features — provided that this does not impair the functionalities available to the User under their plan or the services for which the User has already paid.

The User will be notified of an amendment to these Terms via the App at least 14 days before it takes effect. An amendment made for reasons other than those set out above shall not be binding on the User.

16.3a. If an amendment to these Terms adversely affects the User's access to or use of the App — other than to a minor extent only — the User may terminate the contract free of any charge, within 30 days of being informed of the amendment or of the amendment being made, whichever is later (Article 43p(2)–(3) of the Consumer Rights Act).

16.4. In the event of discrepancies between language versions of these Terms, 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.

16.5. If any provision of these Terms is found to be invalid or ineffective, this shall not affect the validity of the remaining provisions.

16.6. These Terms of Service enter into force on 1 March 2026.