terms of service

1. eligibility

you must be at least 13 years old to use the service. if you are between 13 and the age of majority in your jurisdiction, you may only use the service with the consent of a parent or legal guardian. by using the service, you represent that you meet these requirements.

2. your account

you may need an account to use certain features. you agree to provide accurate information, keep your credentials secure, and accept responsibility for all activity under your account. notify us right away at support@wakeupapp.io if you suspect unauthorized use.

3. license

subject to these terms, honeybear grants you a limited, non-exclusive, non-transferable, revocable license to install and use the service for your personal, non-commercial use. you may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works of the service except where applicable law expressly permits it.

4. subscriptions, billing, and free trials

some features of wake up are only available with a paid subscription ("wake up premium").

1. a.billing. subscriptions are sold through the apple app store and billed to your apple id at confirmation of purchase.
2. b.auto-renewal. subscriptions automatically renew at the end of each billing period (weekly, monthly, or yearly, depending on the plan you choose) unless you cancel auto-renew at least 24 hours before the end of the current period. your apple id will be charged for renewal within 24 hours before the end of the current period at the price shown at purchase, plus applicable taxes.
3. c.free trials. if a plan includes a free trial, the trial converts to a paid subscription at the end of the trial unless you cancel at least 24 hours before the trial ends. any unused portion of a free trial is forfeited if you purchase a subscription before the trial ends.
4. d.managing or canceling. you can manage or cancel your subscription in the settings app on your iphone, under your name, then "subscriptions". deleting the wake up app does not cancel your subscription.
5. e.refunds. all purchases are final and non-refundable except where required by law. apple handles refund requests at reportaproblem.apple.com.
6. f.price changes. we may change prices for new billing periods. we will give you reasonable advance notice and, where required, the chance to consent before any price increase takes effect.

5. acceptable use

you agree not to:

1. a.use the service for any illegal, harmful, or fraudulent purpose;
2. b.interfere with or disrupt the service or its security;
3. c.attempt to access another user's account or data;
4. d.upload viruses, malware, or other harmful code;
5. e.use automated tools (bots, scrapers) to access the service;
6. f.resell, sublicense, or commercially exploit the service.

we may suspend or terminate your access if you violate this section.

6. user content

you may submit content to the service, such as profile photos, display names, journal entries, or feedback ("user content"). you keep ownership of your user content. by submitting it, you grant honeybear a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your user content solely to operate and improve the service. you represent that you have the rights to submit your user content and that it does not violate any law or third-party right.

7. alarms, sleep tracking, and health disclaimer

wake up is a lifestyle and wellness product. it is not a medical device. the alarm, sleep tracking, wind-down grade, challenges, and notifications are provided "as is" and may fail because of system issues, device settings, low battery, do-not-disturb, focus modes, ios bugs, or other reasons outside our control.

do not rely on wake up as your only alarm or wake-up method for medical, safety-critical, time-critical, or work-critical situations. always set a backup alarm. honeybear is not liable for missed alarms, missed events, or any consequences that result.

if wake up reads data from apple health (healthkit), that data is used only to power features inside the app on your device and through your icloud account. we do not sell, share with advertisers, or use healthkit data for marketing.

8. third-party services

the service relies on third parties, including apple (app store, healthkit, push notifications, sign in with apple), revenuecat (subscription management), and supabase (account data and storage). their terms and privacy policies apply to their services. we are not responsible for third-party services we do not control.

9. intellectual property

the service, including all software, design, text, graphics, sounds, and trademarks, is owned by honeybear or its licensors and is protected by united states and international intellectual property laws. nothing in these terms transfers any ownership to you.

10. feedback

if you send us feedback, ideas, or suggestions, we may use them without any obligation to you.

11. termination

you may stop using the service at any time. you can delete your account inside the app under settings. we may suspend or terminate your access at any time if you violate these terms or if we stop offering the service. sections that by their nature should survive termination (including 7, 9, 12, 13, 14, 15, and 16) will survive.

12. disclaimers

the service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

13. limitation of liability

to the fullest extent permitted by law, honeybear and its officers, members, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or substitute services, arising out of or related to the service. our total liability for any claim arising out of or related to the service is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) twenty u.s. dollars (us $20.00).

14. indemnification

you agree to indemnify and hold honeybear harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your use of the service, your user content, or your violation of these terms or any law.

15. governing law and dispute resolution

these terms are governed by the laws of the state of connecticut, without regard to its conflict-of-laws rules.

1. a.informal resolution. before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@wakeupapp.io. we will try to resolve the dispute within 60 days.
2. b.arbitration. if we cannot resolve a dispute informally, you and honeybear agree that any dispute will be resolved by binding individual arbitration administered by the american arbitration association under its consumer arbitration rules. the arbitration will take place in fairfield county, connecticut, or by video, at your option. judgment on the award may be entered in any court with jurisdiction.
3. c.class action waiver. you and honeybear agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class, consolidated, or representative action.
4. d.30-day opt-out. you may opt out of arbitration and the class action waiver by emailing support@wakeupapp.io within 30 days of first accepting these terms, with the subject "arbitration opt-out" and including your name and apple id email.
5. e.exceptions. either party may bring small-claims court actions or seek injunctive relief for intellectual property infringement.

16. apple-specific terms

if you downloaded the app from the apple app store, the following apply:

1. a.these terms are between you and honeybear only, not apple. apple is not responsible for the app or its content.
2. b.honeybear, not apple, is solely responsible for the app, including maintenance, support, warranty claims, product claims, and intellectual property claims.
3. c.you may use the app only on an apple-branded device that you own or control and as permitted by the app store terms of service.
4. d.apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

17. changes to these terms

we may update these terms from time to time. if changes are material, we will let you know by email, in-app notice, or by updating the "last updated" date above. continued use of the service after changes take effect means you accept the updated terms.

18. miscellaneous

these terms are the entire agreement between you and honeybear about the service and replace any prior agreements. if any provision is found unenforceable, the rest of the terms stay in effect. our failure to enforce a right is not a waiver. you may not assign these terms without our consent. we may assign them freely.

19. contact