Please read these Terms of Service ("Terms") carefully before using Wakey.
By downloading or using Wakey ("the App"), you agree to be bound by these Terms. If you do not agree, do not use the App.
Wakey is an alarm and morning-accountability app. It offers free features, optional paid Pro features via an auto-renewing subscription (managed through Apple's App Store and RevenueCat), and an optional financial-penalty feature ("Wake-Up Stakes") designed to enforce accountability.
Wakey Pro is an auto-renewing subscription. Payment is charged to your Apple ID at confirmation of purchase. Subscriptions renew automatically unless auto-renewal is turned off at least 24 hours before the end of the current period. Manage or cancel your subscription in your Apple ID Account Settings.
A free trial period may be offered for Wakey Pro. Unless cancelled before the trial ends, your subscription will automatically convert to a paid subscription and renew.
Accountability Blasts send SMS messages to a contact you designate ("Accountability Buddy") if you miss a wake-up. Before any alerts are sent, your buddy must reply YES to a one-time opt-in text.
You represent and warrant that you have the legal right and explicit permission to share your buddy's phone number with us for this purpose. You agree to indemnify, defend, and hold harmless Wakey and its developer(s) from any claims, damages, liabilities, and legal fees arising from your use of the Accountability Blast feature, including but not limited to claims brought by your designated Accountability Buddy under the Telephone Consumer Protection Act (TCPA) or similar telemarketing and privacy laws. Wakey is not liable for the content, timing, or consequences of Accountability Blast messages.
If you choose to enable the optional "Wake-Up Stakes" feature, you agree to be financially penalized for missing a wake-up mission, failing a flapjack/memory mission, or bypassing the alarm (e.g., via "No Mercy" bail).
a. The Penalty Mechanism: Each missed wake-up incurs a flat penalty fee of $0.25 USD. These penalties accrue on a rolling 7-day window (anchored to UTC Monday) and are capped at a maximum weekly amount selected by you during setup. Accrued penalties are batched and charged automatically.
b. Recurring ACH and Card Payment Authorization: By linking a bank account or credit/debit card and checking the authorization box presented on the Wake-Up Stakes setup screen, you provide your electronic signature and explicit, ongoing authorization for Wakey to electronically debit your linked bank account via ACH (or charge your linked card, as applicable) for accrued Wake-Up Stakes penalty fees, in accordance with the National Automated Clearing House Association (NACHA) Operating Rules. Specifically:
Amount: Each missed wake-up incurs a $0.25 USD penalty, accrued and batched as described in Section 6(a), and capped at the weekly maximum you select during setup.
Timing: Batched charges are initiated automatically once your accrued balance reaches $2.00 or at the end of your rolling 7-day cap window, whichever occurs first. Because charges are batched, a debit may not appear on your bank or card statement until several days after the wake-up that caused it.
Revocation: This authorization remains in effect until you revoke it by disabling the Wake-Up Stakes feature in the App's settings or by emailing support@wakeyalarmapp.com. Revocation is effective within three (3) business days of receipt and does not affect penalties already accrued or charged prior to revocation.
By checking the authorization box, you agree that Wakey may rely on this authorization for all future accrued charges without seeking a fresh confirmation for each individual or batched charge.
c. Third-Party Payment Processor: All payments are processed securely by our third-party payment processor, Stripe, Inc. ("Stripe"). By using Wakey Stakes, you agree to Stripe's Services Agreement and Privacy Policy. Wakey does not store your full bank account or credit card details on its servers. If an ACH payment fails or is returned days later, Wakey reserves the right to re-attempt the charge or adjust your in-app pending balance accordingly.
d. Charitable Donations and Tax Disclaimer: Wakey pledges to route fifty percent (50%) of all successfully collected penalty fees to a preset charity of your choice, facilitated by our third-party partner, Pledge.to. Please note: these donations are made directly by Wakey in its own corporate capacity. You are not the legal donor. Consequently, you will not receive a tax receipt, and these penalty payments are strictly non-tax-deductible for you.
e. Dispute and Refund Policy: Due to the inherently punitive design of the Wake-Up Stakes feature, all penalty charges are FINAL AND NON-REFUNDABLE. We do not issue refunds for "accidental" misses, missed alarms caused by user error, dead device batteries, operating system interference, or any other technical failure. If you believe a charge was mathematically calculated in error (e.g., you were charged beyond your weekly cap), you must contact support within thirty (30) days of the charge.
Wakey includes intentionally intense wake-up features — including high-volume audio, mute-bypass ("Alarm Armor"), rapid vibration, and repeated notifications ("carpet bombing"). Use these features strictly at your own risk.
Prolonged exposure to loud audio, including through headphones or speakers at maximum volume, can damage hearing. Do not use Alarm Armor or Super Max Loud volume settings if you have a hearing condition, sleep near others who could be startled or harmed, or if local regulations restrict loud nighttime noise. You are solely responsible for choosing volume and mission settings appropriate for your environment, hardware, and physical health. You release Wakey and its developer(s) from any liability related to physical injury, psychological distress, or property damage resulting from the App's alerts.
You agree not to: reverse-engineer or tamper with the App; use it for any unlawful purpose; or use the Accountability Blast feature to harass, threaten, annoy, or repeatedly contact someone who has not opted in or who has opted out.
The App is provided "as is" and "as available," without warranties of any kind, express or implied. We do not guarantee the App will be error-free, uninterrupted, or that any alarm, notification, or mission will fire successfully in every circumstance (including but not limited to device settings, OS restrictions, Do Not Disturb/Focus modes, low battery, or network issues). Furthermore, we do not guarantee the continuous availability of third-party integrations (Stripe, Pledge.to) and are not responsible for delays in payment processing or donation routing. Wakey is not a substitute for a certified safety-critical alarm and should not be relied upon in situations where missing a wake-up could cause injury, death, or severe financial harm.
To the maximum extent permitted by law, Wakey and its developer(s) shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to missed alarms, lost wages, missed obligations, hearing damage, or disputes with an Accountability Buddy — arising from your use of the App. In the event of an erroneous Wake-Up Stakes charge, Wakey's liability shall be strictly limited to a refund of the erroneously charged amount.
Wakey is not liable for any acts, omissions, outages, security incidents, or processing failures of Stripe, Inc. or Pledge.to, each of which operates as an independent third party under its own terms of service. Your use of Wake-Up Stakes' payment and donation features is also subject to Stripe's and Pledge.to's respective terms and privacy policies, and Wakey is not responsible for enforcing or guaranteeing their performance.
In no other event shall the total liability of Wakey and its developer(s) for all claims arising out of or related to these Terms or your use of the App exceed the amount you paid to use the App in the twelve (12) months preceding the claim, or fifty U.S. Dollars ($50.00), whichever is greater.
Please read this section carefully, as it affects your legal rights. Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding, individual arbitration and not in a court of law. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
Class Action Waiver: You and Wakey agree that any claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For any actions not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in California.
We may modify these Terms at any time. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms? Email us at support@wakeyalarmapp.com.