The short version: A Why Not subscription gives you a license to use the app on iOS for as long as your subscription is active. $7.99 a month or $59.99 a year, both with a 7-day free trial. Cancel any time through your iPhone's Settings. The app comes with no warranty. We're not liable if you get hurt running. You can't redistribute the app. Massachusetts law applies.
These Terms of Service ("Terms") are a legal agreement between you and Robert Kiley, a sole proprietor based in Massachusetts, USA, doing business as Why Not ("Why Not", "we", "us"). By downloading, installing, or using the Why Not app ("the App"), you agree to these Terms. If you don't agree, don't use the App.
When you subscribe to Why Not through the Apple App Store, Why Not grants you a non-exclusive, non-transferable, revocable license to use the App on iOS devices you personally own or control, for the duration of your active subscription period, subject to these Terms and Apple's App Store terms.
Why Not is offered as an auto-renewing subscription with two tiers:
Both tiers include a 7-day free trial for new users. You will not be charged during the trial period. Your first charge occurs at the end of the trial unless you cancel before then. After the first charge, your subscription auto-renews at the end of each billing period until you cancel.
Your license to use the App is conditional on your subscription being current. If your subscription lapses or is cancelled, the App enters a read-only state (you retain access to your training history, but new plans and guided runs are no longer generated).
You may cancel your subscription at any time through your iPhone's Settings → [your name] → Subscriptions → Why Not → Cancel Subscription, or by visiting apps.apple.com/account/subscriptions.
Cancellations take effect at the end of your current billing period. You retain full access to the App until then. No partial refunds are issued for the unused portion of a billing period.
See our Trial Policy for additional detail on cancelling during the 7-day free trial.
Running is a physical activity that carries inherent risk. Why Not is a training-plan and coaching app — not a medical service, doctor, or qualified athletic trainer. The plans, paces, and recommendations the App generates are based on general training principles and the data you provide; they may not be appropriate for your specific health condition, injury history, or fitness level.
Before starting any new training program — including the one Why Not generates — consult a qualified medical professional if you have any concerns about your ability to exercise safely. Stop running and seek medical attention if you experience pain, dizziness, chest pain, or any other warning sign.
You use Why Not at your own risk. We are not liable for injuries, accidents, or health outcomes that occur while you use the App.
We may update the App periodically to fix bugs, add features, and improve performance. Updates are included in your active subscription at no additional cost.
If we change the subscription price, Apple requires that we notify existing subscribers in advance and give you the option to cancel before the new price takes effect. Your renewal at the new price requires your affirmative consent through Apple.
If we ever release a major paid add-on (for example, a future "Coach Plus" higher tier with advanced features), the existing v1 subscription continues unchanged. You're never required to upgrade — and if you do, the price will be disclosed before purchase.
Why Not offers a 7-day free trial for new subscribers. After the trial ends, the first subscription charge ($7.99 monthly or $59.99 annual, depending on which tier you chose) is processed by Apple. See our Trial Policy for full details on how the trial works, when you're charged, and how to cancel during the trial window.
Why Not does not process refunds directly. Apple handles all payments and refund requests through its own policy. You can request a refund from Apple at reportaproblem.apple.com. Apple's decision on refunds is final on the payment side — we have no ability to override it.
The App, its name "Why Not," the logo, the brand wordmark, the source code, training algorithms, content, and design are the intellectual property of Robert Kiley and protected by copyright, trademark, and other applicable laws. The license granted in Section 2 does not transfer ownership of any of this — it grants you the right to use the App, nothing more.
Your training data is yours. We don't claim any rights to the run data you generate using the App.
If you grant the App permission to read workout data from Apple Health (HealthKit), the App accesses that data on-device only and does not transmit it to Why Not's servers. Your use of Apple Health is governed by Apple's terms and privacy practices. We are not affiliated with, endorsed by, or controlled by Apple beyond standard App Store distribution.
You agree to indemnify and hold harmless Robert Kiley (Why Not) from any claims, damages, or expenses (including reasonable attorney's fees) arising from your misuse of the App, your violation of these Terms, or your violation of any third party's rights.
You can stop using the App at any time by cancelling your subscription through Apple and deleting the App. If you materially breach these Terms (for example, by reverse-engineering the App or using it to build a competing product), your license terminates automatically and we may direct Apple to cancel your subscription. Sections that by their nature should survive termination (license restrictions, disclaimers, limitation of liability, governing law) survive.
These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of laws rules. Any dispute arising out of these Terms or your use of the App shall be resolved in the state or federal courts located in Massachusetts. You consent to personal jurisdiction in those courts.
If you live in a jurisdiction (such as the EU) where consumer protection laws give you the right to bring suit in your home country, this section doesn't override those rights.
If any provision of these Terms is found to be unenforceable, the remaining provisions stay in effect. These Terms, together with our Privacy Policy and Trial Policy, constitute the entire agreement between you and Why Not regarding the App, and supersede any prior agreements.
We may update these Terms from time to time. If we make material changes, we'll update the "last updated" date at the top of this page and, where reasonable, notify you in the App. Your continued use of the App after a change constitutes acceptance of the updated Terms.
Questions about these Terms:
Robert Kiley (sole proprietor, dba Why Not)
Massachusetts, USA
Email: bobby@whynot.run
These Terms are written in plain English on purpose. If something is unclear, email me and I'll either explain it or fix it.