These Terms of Service ("Terms") govern your access to and use of the Wake mobile application, the joinwake.app website, and any related services (collectively, the "Service") operated by Timothy Emrich ("Wake," "we," "us," or "our"). By creating an account, downloading the app, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old to use Wake. By using the Service you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms. The Service is not directed to or intended for use by anyone under 18, and we do not knowingly collect information from anyone under 18. If we learn that we have collected information from a person under 18, we will delete that information. If you believe a user under 18 has provided us with information, please contact us at support@joinwake.app.
2. The Service
Wake is a customizable lifestyle application that helps users build habits, journal, track workouts and runs, log breathwork and meditation, set personalized alarms, share progress with accountability partners, and maintain streaks. Features may be added, modified, or removed over time.
3. Account Registration
To use most features, you must create an account. You agree to provide accurate information, keep your credentials secure, and promptly notify us at support@joinwake.app of any unauthorized use of your account. You are responsible for all activity that occurs under your account.
4. Subscriptions
Wake offers a paid subscription at $4.99 per month (or such other price as may be disclosed at the time of purchase), processed through Apple In-App Purchase. By subscribing you agree to the following:
- Free trial. A free trial may be offered to first-time subscribers. Trial length is disclosed at purchase. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription and the recurring charge will begin.
- Auto-renewal. Your subscription renews automatically each month at the same price unless you cancel at least 24 hours before the end of the current billing period.
- Cancellation. You can cancel at any time in the iOS Settings app under your Apple ID → Subscriptions. Cancellation takes effect at the end of the current billing period; we do not pro-rate refunds for unused time.
- Refunds. All sales are handled by Apple. Refund requests should be submitted through Apple at reportaproblem.apple.com.
- Price changes. We may change the subscription price prospectively. You will be notified at least 30 days in advance, and any change applies to your next renewal — never retroactively to a period already paid.
5. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or in violation of any law.
- Harass, abuse, threaten, impersonate, or harm any other user, including accountability partners.
- Upload or share content that is unlawful, defamatory, obscene, hateful, or that infringes another person's rights.
- Attempt to reverse-engineer, decompile, or extract source code from the Service.
- Use automated systems (bots, scrapers) to access or interact with the Service without our written permission.
- Interfere with or disrupt the Service or its servers.
- Resell, sublicense, or commercially exploit the Service without our written permission.
6. Reporting, Blocking, and Moderation
Wake includes features that allow users to interact with one another, including accountability partners. To keep the Service safe:
- You may report any user or content that violates these Terms by using the report function in the app or by emailing support@joinwake.app.
- You may block any other user at any time. Blocking prevents that user from interacting with you or seeing your activity within the Service.
- We review reports promptly and may, at our discretion, remove content, suspend accounts, terminate users, or take other action to enforce these Terms.
- We have no obligation to monitor user-generated content, but we reserve the right to review and remove any content that violates these Terms or that we reasonably believe is harmful, unlawful, or otherwise objectionable.
- Objectionable content (including but not limited to harassment, hate speech, threats, sexual content, or content that endangers others) is strictly prohibited and will result in account termination.
7. User Content
You retain all rights to the content you create inside Wake (journal entries, habit data, notes to accountability partners, etc.) — your content is yours. By using the Service, you grant Wake a worldwide, non-exclusive, royalty-free license to store, process, and display your content solely as necessary to operate the Service for you and for users you authorize (such as your accountability partners).
You are solely responsible for the content you submit and for ensuring that you have the right to share it. We may remove content that violates these Terms or that we reasonably believe violates applicable law.
8. Health Disclaimer
Wake is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
Wake provides general lifestyle, habit, and wellness features for informational and motivational purposes only. It is not a substitute for professional medical, psychological, psychiatric, or other health advice. Always consult a qualified healthcare professional before starting a new exercise program, changing your diet, modifying medication, or making other significant changes to your health regimen. If you experience a medical emergency, call emergency services immediately. Reliance on any information provided by Wake is solely at your own risk.
9. Intellectual Property
The Wake name, logo, app, website, and all related content (excluding user content) are owned by Wake and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, personal, non-transferable, non-sublicensable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.
10. Privacy
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.
11. Termination
You may stop using the Service and delete your account at any time from within the app. We may suspend or terminate your access to the Service if you violate these Terms, fail to pay fees when due, or for any other reason on reasonable notice. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and dispute resolution) will survive.
12. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any defects will be corrected.
13. Limitation of Liability
To the maximum extent permitted by law, in no event will Wake, its founders, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or related to your use of (or inability to use) the Service. Our total aggregate liability for any claim arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid to Wake in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
14. Indemnification
You agree to indemnify and hold harmless Wake and its founders, employees, and affiliates from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any third-party right.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in New Jersey, and you consent to personal jurisdiction in those courts.
16. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will notify you within the app and update the "Last Updated" date above. Continued use of the Service after changes take effect constitutes acceptance.
17. Apple-Specific Terms
You acknowledge that these Terms are between you and Wake, not with Apple Inc. Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support for the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims by you or any third party relating to the Service. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
18. Contact
Questions about these Terms? Reach us at support@joinwake.app.