Please read these Terms of Service ("Terms") carefully before using Wakey.
These Terms are an agreement between you and Wakey Alarm ("Wakey," "we," or "us"), the California business that makes the Wakey Alarm app ("the App"). By downloading or using 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 commitment feature ("Wake-Up Stakes") that lets you put a small amount of money on the line to help you get up.
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.
Wake-Up Stakes is an optional commitment service. If you turn it on, you choose to pay a small fee (a "Stakes fee") each time you miss a wake-up mission, fail a flapjack/memory mission, or bypass the alarm (e.g., via "No Mercy" bail). You set up this arrangement yourself, and you choose your own weekly limit, to motivate your own habits. A Stakes fee is the price of the Wake-Up Stakes service when one of these events happens. It is not damages, and missing a wake-up is never a breach of these Terms.
Eligibility: You must be at least 18 years old to use Wake-Up Stakes. By enabling it, you confirm that you are 18 or older and that you are authorized to use the payment method you link.
a. The Stakes Fee: Each missed wake-up incurs a flat Stakes fee of $0.25 USD. Stakes fees accrue in weekly periods that begin each Monday at 12:00 a.m. UTC, and are capped at the maximum weekly amount you select during setup. Accrued Stakes fees 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 fees, in accordance with the National Automated Clearing House Association (NACHA) Operating Rules. Specifically:
Amount: Each missed wake-up incurs a $0.25 USD Stakes fee, accrued and batched as described in Section 6(a), and capped at the weekly maximum you select during setup. Because the amount of each batched charge can vary, you agree that we will notify you in advance of a charge only if it would be more than the weekly maximum you selected. Charges at or below your weekly maximum will not receive separate advance notice.
Timing: A batched charge is initiated automatically when a missed wake-up brings your unpaid balance to $2.00 or more. An unpaid balance under $2.00 is not charged on its own; it carries over until a later missed wake-up brings it to $2.00. No single charge will be more than your weekly maximum; any amount above it carries over to a later charge. 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 using the Turn Off Wake-Up Stakes option in the App's Settings. If you have deleted the App, you can reinstall it and turn the feature off in Settings. Revocation takes effect immediately and does not affect Stakes fees already accrued or charged before 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 Wake-Up 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 donates an amount equal to fifty percent (50%) of each Stakes fee it successfully collects to the charity you pick from our preset list. Donations are made through Pledge.to, an independent donation platform, which may deliver them to the charity through its own nonprofit foundation, and Pledge.to's processing fees may be deducted before the funds reach the charity. If a donation does not go through, we will retry it. The listed charities are independent organizations. They are not affiliated with Wakey, have not endorsed Wakey or the App, and are named only to identify where donations go. These donations are made by Wakey in its own name. You are not the legal donor, so you will not receive a tax receipt, and Stakes fees are not tax deductible for you.
e. Dispute and Refund Policy: Because you choose Wake-Up Stakes as a commitment, Stakes fees for missed wake-ups are generally final. We do not issue refunds for misses caused by things outside the App, such as oversleeping, user error, a dead or powered-off device, airplane mode or lack of network connectivity, or the App being force-quit, closed, or uninstalled. However, if a charge was caused by an error in the App itself (for example, a Stakes fee was recorded even though you completed your mission), or was calculated incorrectly (for example, you were charged beyond your weekly cap), email support@wakeyalarmapp.com within thirty (30) days of the charge. We will review it and refund any charge we confirm was made in error.
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, airplane mode or lack of network connectivity, a powered-off or dead device, the App being force-quit or closed, or the App being uninstalled. 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. Feature names and descriptions using language such as "guarantee," "no mercy," or "armor" are marketing terms only, do not constitute a warranty, and remain fully subject to this Disclaimer of Warranties. 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.
a. Informal Resolution First: Before starting arbitration, you and Wakey agree to try to resolve any dispute informally. The party with the dispute must send the other a written notice describing the dispute and the relief requested. Notices to Wakey go to support@wakeyalarmapp.com. If the dispute is not resolved within thirty (30) days after the notice is received, either party may start arbitration.
b. Binding Arbitration: Except as provided below, 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, and fees will be paid as those rules require.
c. Small Claims Court: Either party may instead bring an individual claim in small claims court, as long as the claim qualifies and stays there.
d. 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.
e. Mass Filings: If twenty five (25) or more similar arbitration demands are filed against Wakey by or with the help of the same law firm or organization, the AAA's Mass Arbitration Supplementary Rules will apply to them.
f. Public Injunctive Relief and Severability: Any claim for public injunctive relief (relief whose main purpose is to protect the general public) will be decided by a court, not an arbitrator, after all other claims have been arbitrated. If the Class Action Waiver is found unenforceable as to any claim, that claim will be decided by a court, not in arbitration.
g. Right to Opt Out: You may opt out of this arbitration agreement by emailing support@wakeyalarmapp.com within thirty (30) days after you first agree to these Terms, stating that you opt out of arbitration. Opting out does not affect any other part of these Terms.
h. Changes to This Section: If we change this Section 11, the change will not apply to any dispute that either party gave notice of before the change took effect.
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 from time to time. We will update the "Last updated" date above, and for material changes we will give notice in the App or by other reasonable means before they take effect. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.
If you downloaded the App from Apple's App Store: (a) these Terms are between you and Wakey only, not Apple, and Wakey, not Apple, is solely responsible for the App and its content; (b) your license to use the App is limited to use on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions; (c) Apple has no obligation to provide any maintenance or support for the App; (d) if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App, and to the maximum extent permitted by law Apple has no other warranty obligation with respect to the App; (e) Wakey, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws; (f) if a third party claims that the App or your possession and use of it infringes their intellectual property rights, Wakey, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple has the right to enforce them against you as a third-party beneficiary. Send any questions, complaints, or claims about the App to Wakey at support@wakeyalarmapp.com.
The App includes open-source software, which is licensed to you under its own license terms. A list of that software and its licenses is available at wakeyalarmapp.com/licenses.
Questions about these Terms? Email us at support@wakeyalarmapp.com.