Terms of Service

01

Interpretation & Definitions

Definitions

• Application / App refers to Wakeyo, the iOS software program.
• Device refers to the iPhone on which You use the App.
• Service means the App together with the website at wakeyo.online.
• Pro means the paid tier of the App, whether bought as a subscription or as a one-time lifetime unlock.
• We / Us / Our refers to Better Than Yesterday Agency LLC, 32 N Gould St., Sheridan, WY 82801, USA, which publishes Wakeyo.
• You means the individual accessing or using the Service.

02

Acceptance of These Terms

By downloading, installing or using Wakeyo, You agree to these Terms. If You do not agree, please do not use the Service.

These Terms sit alongside Apple’s Licensed Application End User License Agreement, which also governs Your use of the App. Where the two conflict on a licensing matter, Apple’s agreement prevails.

03

What Wakeyo Does

Wakeyo is an alarm clock that asks You to complete a short task — a mission — before the alarm will stop. Missions include solving a math problem, shaking the Device, doing camera-counted push-ups or squats, photographing the sky, or photographing an object.

Some missions and features require Pro. The free tier includes one alarm and the Math and Shake missions.

04

Alarms Are Not Guaranteed

This section matters more than any other, so please read it.

Wakeyo schedules alarms using the operating system facilities Apple provides, and is designed to sound through Silent mode and Focus. Even so, We cannot guarantee that any alarm will sound at the intended time, or at all. An alarm may fail to fire or fail to be noticed because of, among other things: the Device being powered off, out of battery, restarted, or in an unexpected state; changes to iOS or its permissions; the App being force-quit, offloaded or restricted by the system; hardware faults; audio routed to a disconnected accessory; or You sleeping through it.

Do not rely on Wakeyo as Your sole means of waking for anything important or safety-critical. Use an independent backup alarm for flights, examinations, medical appointments, work involving safety, or any situation where oversleeping could cause harm or loss.

05

Eligibility

You must be at least 13 years old to use the Service, or at least 16 where required by applicable law. If You are a minor in Your jurisdiction, You may use the Service only with the involvement of a parent or guardian who agrees to these Terms.

06

Subscriptions & Purchases

Pro is available as an auto-renewing annual subscription, which may include a free trial, or as a one-time lifetime purchase. Current prices are shown in the App before You confirm.

• Payment is charged to Your Apple Account at confirmation of purchase.
• A subscription renews automatically unless You cancel at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours prior to the end of the current period.
• You can manage or cancel a subscription in Your Apple Account settings. Deleting the App does not cancel a subscription.
• If a free trial is offered, any unused portion is forfeited when You purchase a subscription.

Refunds are handled by Apple under its own policies, not by Us. Requests should be made through Apple’s support channels. We can help You understand a charge, but We cannot issue a refund on Apple’s behalf.

We may change prices or the contents of the free and Pro tiers. Changes will not alter the price of a subscription period You have already paid for.

07

Apple’s Role

Apple is not a party to these Terms and is not responsible for the App or its content. Apple has no obligation to provide any maintenance or support for the App.

If the App fails to conform to any applicable warranty, You may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against You.

08

Acceptable Use

You agree not to: reverse engineer, decompile or otherwise attempt to derive the source code of the App except where that restriction is prohibited by law; interfere with or circumvent the mission verification in order to defeat the purpose of the App on another person’s Device; use the Service to break any law; or resell, rent or sublicense the Service.

09

Intellectual Property

The Service, including its name, design, artwork, text and software, is owned by Us and protected by intellectual property law. These Terms grant You a personal, non-exclusive, non-transferable licence to use the App on Apple-branded devices You own or control, as permitted by the App Store Terms of Service. No other rights are granted.

Photographs You take while completing a mission remain Yours. They are processed on Your Device and are not transmitted to Us.

10

Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by applicable law.

Wakeyo is not a medical device and is not a treatment. It does not diagnose, treat, cure or prevent insomnia, sleep disorders, fatigue, attention disorders or any other condition, and it is not a substitute for professional advice. If You are concerned about Your sleep or health, please speak to a qualified professional.

Camera missions rely on on-device detection that can be imperfect. We do not warrant that mission verification will be accurate in all lighting, positions or conditions.

11

Limitation of Liability

To the maximum extent permitted by applicable law, We shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, opportunity, or goodwill, arising out of or relating to Your use of or inability to use the Service — including any consequence of an alarm failing to sound or failing to wake You.

To the maximum extent permitted by applicable law, Our total aggregate liability arising out of or relating to the Service shall not exceed the greater of the amount You paid Us for the Service in the twelve months preceding the claim, or USD 50.

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to You. In that case Our liability is limited to the fullest extent permitted by law.

12

Changes & Termination

We may modify the Service or these Terms. When We change these Terms We will update the “Last updated” date above and post the revised version on this page; changes take effect when posted. Continuing to use the Service after that means You accept the revised Terms.

You may stop using the Service at any time by deleting the App. We may suspend or terminate access if You materially breach these Terms. Sections that by their nature should survive termination — including intellectual property, disclaimers and limitation of liability — will survive.

13

Governing Law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict of law rules, and You agree to the exclusive jurisdiction of the state and federal courts located in Wyoming for any dispute not subject to arbitration or small claims.

Nothing in these Terms removes any mandatory consumer protection right You have under the law of Your country of residence.

14

Contact Us

Questions about these Terms are welcome: