Terms of Service

Effective date: March 23, 2026

These Terms of Service ("Terms") govern your use of the Wakeo mobile application ("the App"), operated by Yevgeniy Kovalev, ul. Siedmiogrodzka 1/99, 01-204 Warszawa, Poland, VAT ID PL5272991183 ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

For information about how we collect, use, and protect your data, see our Privacy Policy.

1. Eligibility

You must be at least 13 years old to use the App. If you are under 16 and located in the European Union, you must have the consent of a parent or legal guardian. The App requires age verification before any data collection begins. Users who indicate they are under 13 will be blocked from using the App.

2. Description of the Service

Wakeo is an iOS alarm application that wakes you with a personalized AI-generated voice message based on your goals and preferences. The App includes:

• AI-generated coaching messages — personalized morning messages created entirely by artificial intelligence (OpenAI), converted to synthetic audio (ElevenLabs), and played as your alarm sound. All coaching voices are AI-generated and do not represent real individuals.
• Alarm dismissal missions — interactive challenges (photo verification, exercise detection, speech recognition, device shaking) that help you wake up.
• Wake statistics — tracking of your wake-up performance.

3. Account and Device Registration

The App uses anonymous device-based authentication. A unique device identifier (UUID) is generated and stored in your device's Keychain. This identifier authenticates your device with our servers. There is no username, email, or password.

You are responsible for maintaining the security of your device. If you delete the App and its Keychain data, a new device identity will be created upon reinstallation.

4. Subscriptions and Payments

Free and Premium Tiers

The App offers free and premium features. Free features include basic alarm functionality with preset sounds. Premium features include AI-generated coaching messages and advanced missions.

Subscription Terms

• Premium access is available through auto-renewable subscriptions via the Apple App Store.
• Subscription options include weekly, monthly, and annual plans. Current pricing is displayed in the App and the App Store.
• Payment is charged to your Apple ID account at confirmation of purchase.
• Subscriptions automatically renew unless auto-renewal is turned off 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 at the rate of the selected plan.
• Any unused portion of a free trial period, if offered, is forfeited when you purchase a subscription.

Free Trials

If offered, a free trial provides access to premium features at no charge. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the displayed price.

Managing and Canceling

You can manage or cancel your subscription at any time in your Apple ID Account Settings. Cancellation takes effect at the end of the current billing period.

Refunds

All purchases are processed by Apple. Refund requests must be submitted to Apple through their Report a Problem page. Nothing in this section limits any statutory refund or withdrawal rights you may have under applicable law (see Section 15).

5. AI-Generated Content and Health Disclaimer

• All coaching messages are generated entirely by artificial intelligence and all audio is synthetically produced. Content is algorithmically generated and may not always be accurate, appropriate, or suitable for your situation.
• We make no guarantees regarding the accuracy, completeness, or usefulness of any AI-generated content.
• If you have a medical or mental health condition, consult a qualified professional. Do not rely on the App for health advice or treatment.
• You use all AI-generated content at your own risk. You are solely responsible for any decisions or actions you take based on the App's content.

6. User Content

You may provide content to the App, including goals, preferences, photos for mission verification, and spoken words for voice missions.

You retain ownership of your content. By using the App, you grant us a limited, non-exclusive, worldwide license to process your content solely for providing the service.

Photos submitted for mission verification are transmitted to our servers, forwarded to OpenAI for AI verification, and deleted from our systems within seconds. We do not retain, review, or share your photos beyond the verification process.

7. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose.
• Reverse-engineer, decompile, or disassemble the App.
• Circumvent or interfere with security features of the App or our servers.
• Use automated systems to access the App or our API.
• Submit illegal, harmful, or abusive content.
• Attempt unauthorized access to our systems or other users' data.
• Exceed reasonable usage limits.

8. Intellectual Property

The App, including its design, code, graphics, sounds, and AI-generated content, is owned by or licensed to us and protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App on your personal iOS device. You may not redistribute, sublicense, commercially exploit, or extract voices, sounds, or audio generated by the App.

9. Service Availability

We strive to keep the App and our servers available, but do not guarantee uninterrupted or error-free service. The App may be temporarily unavailable due to maintenance, third-party outages, or network issues.

When AI generation is unavailable, the App is designed to fall back to on-device text-to-speech or preset sounds. However, we cannot guarantee that alarms will fire under all circumstances, including but not limited to device failures, OS bugs, permission changes, or power loss. You should not rely solely on the App for critical wake-up needs where failure could result in significant consequences.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the App will meet your requirements, be uninterrupted or error-free, or that AI-generated content will be accurate or appropriate.

For EU consumers: Nothing in this section affects your statutory rights under applicable consumer protection laws, including your rights under Directive 2019/770 (Digital Content Directive) as transposed into your national law. You retain all mandatory rights to conformity of the digital service.

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 ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use of or inability to use the App.
• Any AI-generated content or coaching messages.
• Unauthorized access to or alteration of your data.
• Any third-party conduct or content.
• Alarm failures, missed wake-ups, or related consequences.
• Any actions or decisions you take based on the App's content.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) 50 EUR.

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) intentional misconduct or gross negligence; or (d) any other liability that cannot be excluded under applicable law.

For EU consumers: The limitations above do not affect your mandatory statutory rights, including remedies for non-conformity under Directive 2019/770.

12. Dispute Resolution (United States)

Binding arbitration and class action waiver: If you are a US resident, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in a court of law. You and we each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding.

You may opt out of this arbitration agreement by sending written notice to WakeoApp@proton.me within 30 days of first using the App. If you opt out, disputes will be resolved in the courts specified in Section 17.

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction.

13. Termination

You may stop using the App at any time by deleting it. Active subscriptions must be canceled separately through the App Store.

We may suspend or terminate access to our servers for any device that violates these Terms, abuses the service, or poses a security risk. Where practicable and not prohibited by security considerations, we will provide notice before termination. If we terminate your access and you have a prepaid subscription, you may request a pro-rata refund of the unused portion by contacting WakeoApp@proton.me.

Upon termination, provisions that by their nature should survive (including disclaimers, liability limitations, arbitration, and governing law) remain in effect.

14. Changes to These Terms

We may update these Terms from time to time for valid reasons, including changes to legal requirements, new features, or security improvements. For material changes, we will notify you through the App at least 30 days before the changes take effect. If a material change negatively affects your rights, you may terminate your use of the App free of charge within 30 days of notification.

Continued use of the App after the notice period constitutes acceptance of the updated Terms. If you do not agree, stop using the App.

15. EU Consumer Rights

If you are a consumer in the European Union, the following mandatory rights apply regardless of other provisions in these Terms:

Right of Withdrawal

Under Directive 2011/83/EU, you have a 14-day right of withdrawal from the date of subscription purchase. However, by purchasing a subscription and using the App, you expressly consent to the immediate provision of the digital service and acknowledge that you thereby lose your right of withdrawal once the service has been fully performed. For ongoing subscriptions, you may cancel at any time with effect at the end of the current billing period.

Conformity and Remedies

Under Directive 2019/770, you have a right to receive digital content that conforms to the contract. If the App does not conform, you are entitled to have it brought into conformity free of charge, or to receive a proportionate price reduction, or to terminate the contract. These rights cannot be waived.

Updates

We will supply updates, including security updates, necessary to keep the App in conformity for the duration of your subscription.

16. Apple-Specific Terms

The following terms apply to your use of the App downloaded from the Apple App Store:

• These Terms are between you and Yevgeniy Kovalev only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
• The license granted to you is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• We, not Apple, are solely responsible for the App, its content, maintenance, and support services. Apple has no obligation to provide any maintenance or support for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• We, not Apple, are responsible for addressing any claims you or any third party may have relating to the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your use of it infringes a third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of such claim.
• You represent and warrant that: (a) you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country; and (b) you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Poland, without regard to its conflict of law provisions.

For US residents who have opted out of arbitration: disputes shall be subject to the non-exclusive jurisdiction of the courts of Warsaw, Poland, or the courts of your state of residence, at your election.

For EU consumers: you enjoy the protection of mandatory provisions of the law of your country of residence and may bring proceedings in your country of residence. A list of consumer dispute resolution bodies is available at the European Commission's consumer redress portal.

18. General Provisions

• Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.
• Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App, superseding any prior agreements.
• Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure. We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

19. Contact Us

If you have questions about these Terms:

Yevgeniy Kovalev
ul. Siedmiogrodzka 1/99, 01-204 Warszawa, Poland
VAT ID: PL5272991183
Email: WakeoApp@proton.me