Terms of Use · Wakify

1. Who you are agreeing with

These Terms of Use (the "Terms") are a binding agreement between you and:

Cazari B.V.
Klaaskampen 40
1251 KP Laren, the Netherlands
Chamber of Commerce (KvK) number: 98486748
Email: hello@cazaristudio.com

We call ourselves "we", "us" or "Wakify". We call you "you". "The App" means the Wakify iOS application and every service we provide through it.

This agreement is between you and us only. It is not with Apple. Apple is not a party to these Terms and is not responsible for the App or its content. See section 18 for the full set of Apple-specific terms, which apply on top of everything else here.

By downloading, installing or using the App you accept these Terms. If you do not accept them, do not use the App and delete it. We show you these Terms and the Privacy Policy before you create an account and you accept them there, and we show them again on the sign-in sheet. When you accept, we record that you did, with the date and the version you accepted, so both of us can tell later which version you agreed to. The current version is always available to read, save and print at wakify.co/terms, and we will email you a copy on request.

Our Privacy Policy explains what we do with your personal data and forms part of this agreement.

2. Who may use Wakify

You may use the App if:

you are at least 16 years old if you live in the European Economic Area, the United Kingdom or Switzerland, or at least 13 years old anywhere else, and
you have the legal capacity to enter into this agreement. If you are a minor where you live, you may only use the App with the permission of your parent or guardian, and you may only buy a subscription with their permission; Apple's Ask to Buy and parental controls exist for exactly this. The parent or guardian who gives permission is responsible for the minor's use of the App. A purchase made by a minor without the required permission can be annulled under applicable law; because Apple is the seller, any resulting refund is handled by Apple.

You must also not be located in a country that is subject to a United States Government embargo or that the United States Government has designated as a "terrorist supporting" country, and you must not be on any United States Government list of prohibited or restricted parties. By using the App you confirm that this is the case.

3. What Wakify is, and what it is not

Wakify is an alarm and habit app. Its central feature is that an alarm keeps ringing until you complete a "mission", such as solving a maths problem, scanning an NFC tag, taking a photo of a specific object, shouting a phrase or doing a number of repetitions of an exercise. It can also track a night of sleep on your device, show you sleep statistics, and keep a streak of the mornings you got up on time. If we describe Wakify as an alarm you cannot turn off, that is shorthand for this mission mechanic. Section 3.4 explains the emergency dismiss, and section 3.2 explains why you must never rely on any single alarm.

Read this part carefully.

3.1 Wakify is not a medical device

Wakify is a consumer wellness product. It is not a medical device and it is not regulated as one. Its sleep score, sleep stages, snore detection and any insight it shows you are estimates produced by consumer sensors and statistical models, not clinical measurements. They can be wrong. The same applies to the amount of sleep the App says you need, to the sleep debt it shows you, and to the night-by-night figures on the sleep vitals card. They are estimates built from published guidance for healthy adults and from your own history, and they are not advice about your health. Where the App describes itself as listening to your breathing, it is measuring how loud the room is over time. It does not analyse respiration and it cannot detect a breathing disorder.

Do not use Wakify to diagnose, treat, cure or prevent any disease or condition.
Do not make medical decisions based on what the App shows you.
If you are worried about your sleep, your breathing during sleep, your heart or your mental health, speak to a doctor. Persistent snoring, gasping or daytime exhaustion can signal a serious condition such as sleep apnoea, and only a clinician can assess it.

3.2 Wakify is not a safety-critical system

You must not rely on Wakify alone where missing a wake-up would put you, or anyone else, in danger or cause serious harm. That includes, without limitation, medication schedules, shift work in safety-critical roles, catching a flight, or any situation where sleeping through has consequences you cannot afford.

An alarm on a phone can fail, both for reasons outside our control and for reasons built into the App. Outside our control:

the phone is switched off, out of battery, restarting or has crashed
iOS terminated the App, or an operating system update changed alarm behaviour
you revoked the alarm permission, or you deleted the alarm
the phone is damaged or the speaker is broken. While an alarm is ringing the App moves the sound to the phone's own speaker wherever iOS allows it, so Bluetooth headphones, AirPods and CarPlay do not capture it, but wired headphones still can, because iOS does not allow that route to be moved
you got up, turned the alarm off in the App by finishing the mission, and went back to sleep

Built into the App, so that you know exactly what it does and where it stops:

It keeps coming back for ten minutes on its own. When you set an alarm, the App also registers a series of follow-up alarms with iOS, from twenty seconds to ten minutes after your alarm time. They are registered in advance, so they still ring if the App is closed, force quit or never opened. Ten minutes after your alarm time that series is finished. If the App is never opened, nothing rings after that.
It gets louder and harsher. For the first two minutes the alarm plays the sound you chose. From two minutes it plays a harsh buzzer, and from four minutes a siren. These are our sounds, not the one you picked. Ignoring the alarm, or silencing it and walking away, can bring the harsher sound forward.
It turns your volume up. While the alarm is ringing in the App, the App raises your phone's output volume to maximum and raises it again if you turn it down. It restores your previous level when the alarm ends.
Silencing it buys you about five seconds. If you silence a ringing alarm from outside the App, for example with a side or volume button, and your mission is not finished, the App schedules the alarm to ring again about five seconds later. There is no limit on how often this happens while the wake-up is unfinished.
Opening the App brings the mission back. While a wake-up is unfinished, opening the App puts the mission screen back on screen and starts the sound again. Inside the App the sound does not stop by itself at all. It stops when you finish the mission, or when you use the emergency dismiss described in section 3.4.
It gives up after twenty minutes. A wake-up that is still unfinished twenty minutes after it started is abandoned. The App stops guarding it, records it as a missed alarm, and the alarm returns to its normal schedule.
A second alarm ten minutes later, if you asked for one. If you switch on "Wake-up check" for an alarm, the App also sets a second alarm ten minutes after it. That one has no mission and is turned off with a single tap.
Snooze. This version of the App has no snooze button. An alarm ends only when you finish the mission or use the emergency dismiss. The "One-time 5m snooze" switch in the alarm editor is saved with your alarm but has no effect in this version. If we bring snooze back, it will silence the alarm once, for five minutes, and the clock in section 3.4 will start again from zero.
An alarm that was already completed does not ring again. See section 3.6.

We build the ring-to-dismiss path to be as reliable as we can make it, and we test it hard, because it is the point of the product. But we cannot and do not guarantee that an alarm will ring on any given morning. Keep an independent backup alarm for anything that genuinely matters.

3.3 Missions carry physical risk

Some missions ask you to move: push-ups, squats, shadow boxing, dancing, walking a number of steps, or shaking the phone. Others send you across the room, or out of the house: making your bed, brushing your teeth, running the tap or shower, taking a photo in a mirror, photographing the sky, finding a named object with the camera, scanning an NFC tag or dock, photographing your medication, and going outside to photograph yourself touching grass. Some ask you to speak out loud: shouting a phrase, reading an affirmation, or reading a scripture verse. One alarm can chain up to four missions in a row. You perform all of these at your own risk, immediately after waking, when you are least coordinated.

Make sure your surroundings are safe and clear before you start.
Do not choose a physical mission if you have an injury, a heart condition, are pregnant, or have any other reason to avoid sudden exertion. Ask a doctor if you are unsure.
Hold your phone securely. Do not use the shake mission near other people, pets, screens or windows.
Stop immediately if you feel pain, dizziness or breathlessness.
Take care around water. Do not use a mission that involves running water where your phone can fall in.
The Touch Grass mission asks you to go outside. Dress for it, watch where you put your feet, do not step into a road, and do not use it if going outside where you live is not safe.
Camera missions require you to look at and move around your home. Watch where you are walking.
Missions that ask you to speak will be heard by anyone else in the room.

The Pills mission is not a medication reminder. It asks you to take your medication and then photograph it, and the photo is checked on your device only for whether it looks like pills. The App does not know what you took, whether it was the right medicine, or the right dose, and it keeps no record of your medication. Do not use it as a medication schedule or as proof that you took anything. Section 3.2 applies: never rely on Wakify alone for medication.

3.4 The emergency dismiss

If a mission turns out to be impossible, a Dismiss link appears at the bottom of the mission screen. You have to tap it yourself. The alarm does not stop on its own. It appears once both of these are true: ten minutes have passed since the alarm rang, and the mission has been on your screen for at least ninety seconds. The ten minutes run from when the alarm rang, not from when you opened the App, and closing the App or force quitting it does not restart either clock.

It exists so that a mission you genuinely cannot finish, for example because a sensor is not working, cannot keep you at a ringing alarm indefinitely. Several missions also switch you to the Math mission on their own, well before ten minutes, when they detect that their sensor is unavailable or that you refused the permission it needs.

Using the emergency dismiss is recorded as an alarm you escaped rather than one you beat. It does not count as a completed wake-up and it does not extend your streak. It is a safety valve, not a feature to plan around.

3.5 The leaderboard

The leaderboard is real. It ranks Wakify users by their current streak, and the people on it are other users, not examples. When you are on it, other users see your name, your profile photo, your current streak and whether you have Wakify+. They see nothing about your sleep, your alarms or your email address. The Privacy Policy explains this in full, including when you appear and how to leave.

You appear only once you have set a username and have a live streak. Settings has a Private profile switch that takes you off the board for everyone else.

3.6 When Wakify skips an alarm you set

In one situation the App decides that an alarm you set does not need to ring, and skips it for that day.

If you are tracking a night of sleep and you press End Sleep, and you have slept long enough for that to be a real night, the App brings your wake-up forward and starts your next alarm's mission there and then. If you complete that mission, and that alarm was due within the next hour, the App skips that one occurrence of it. You have already done the wake-up, so ringing it again would be noise.

What this does and does not mean:

Only that one day is skipped. Your alarm itself is not changed, not moved and not switched off, and it rings as normal on every other day.
An alarm due more than an hour later is not skipped. It still rings.
If you had switched on "Wake-up check" for that alarm, the App still sets a check ten minutes after your early wake-up, because getting up early is exactly when people go back to bed.
Nothing else skips an alarm. We never decide on our own that you have slept enough.
For a short period after you finish a mission, the App also ignores follow-up alarms belonging to that same wake-up, so a wake-up you have already won does not ring again a few seconds later.

Because an alarm you set is skipped without asking you first, we say so here. If you want that alarm to ring anyway, set a separate alarm or do not use End Sleep.

3.7 The "Can't be deleted" setting

Deleting Wakify would delete its alarms with it, which is the last way out of an alarm you have not finished. If you want to close that door, Settings has a switch that holds app deletion shut while a wake-up is unfinished.

Read this before you turn it on:

It is off unless you turn it on. We never switch it on for you.
It uses Apple's Screen Time. iOS asks you for Screen Time access the first time you switch it on. If you refuse, or if the feature is not available on your device, the switch goes back off and nothing is restricted. Wakify receives no information about your apps or your screen time from this. The only thing it does is turn app deletion off and on again.
It applies to your whole phone, not just to Wakify. iOS offers no way to protect a single app. While the restriction is on, no app on your phone can be deleted.
It lasts only as long as the wake-up. The restriction is applied when an alarm rings and is removed as soon as the wake-up ends, in every way it can end, and in any case no later than twenty minutes after it started. If the App crashes while it is on, the restriction is removed the next time you open the App.
You can always undo it. Switching the setting off removes the restriction immediately, and you can also revoke Screen Time access for Wakify in iOS Settings at any time.

3.8 What you publish about yourself

Your name, your username and your profile photo are shown to other users when you are on the leaderboard. You choose them, so:

use a name and a photo you have the right to use, and do not impersonate anyone else;
do not use a name, username or photo that is unlawful, hateful, sexual, or abusive;
remember that a photo of you is visible to other users until you remove it or turn on Private profile.

We do not check names, usernames or photos before they appear. If one breaches this section we may remove or reset it, and hide the account from the leaderboard, and we will tell you why. Section 11 applies if the breach is serious or repeated. Nothing in this section obliges us to monitor what users publish.

4. Your licence to use the App

We grant you a personal, non-exclusive, non-transferable, limited licence, revocable only as set out in section 11, to install and use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Family Sharing and volume purchasing accounts associated with your purchase may also use it where Apple allows this.

You may not:

copy, modify, translate, adapt or create derivative works of the App, except to the extent mandatory law says you may
reverse engineer, decompile or disassemble the App, or try to derive its source code, except to the extent mandatory law says you may
rent, lease, lend, sell, sublicense, distribute or otherwise transfer the App or your account to anyone else
remove, obscure or alter any notice of ownership in the App
use the App to break the law, to infringe anyone's rights, or to harm, harass or deceive anyone
try to bypass the paywall, forge premium entitlements, manipulate streaks, badges or the referral programme, or otherwise obtain features you have not paid for
attack the App or our backend, probe it for vulnerabilities without our written permission, scrape it, or automate access to it
use the App to build a competing product, or to train a machine learning model on our content

We keep every right we do not expressly grant you here.

5. Your account

You need an account to sync your data and to restore it on a new device.

Give accurate information and keep it up to date.
You are responsible for what happens under your account, and for keeping your credentials secure. Tell us immediately at hello@cazaristudio.com if you think someone else has access.
One account per person. Do not share it.
You can delete your account at any time in Settings. Deletion is scheduled 30 days ahead: we sign you out immediately and stop showing you to other users, and after 30 days your alarms, sleep history, streaks and badges are erased and cannot be recovered by us or by you. Signing in again within those 30 days cancels the deletion and restores your account exactly as it was. Deleting your account does not automatically cancel a subscription bought through Apple, which you must cancel separately (see section 6.5). Cancel it yourself if you do not intend to return.

6. Wakify+ subscriptions and payments

6.1 What is free and what is paid

The App is free to download. A core set of features is available at no cost: unlimited alarms, the Maths mission, and one built-in alarm sound. Wakify+ unlocks every other mission, the rest of the sound library, recording or importing your own alarm sounds, the background sleep sounds, the full sleep report and the other features marked with a crown in the App. Which features sit behind the paywall can change as the product develops. If your Wakify+ subscription ends, the premium features lock again. You keep full access until the end of the billing period you already paid for, and we will not remove a feature during a period you have paid for. Alarms you set up while subscribed keep working: an alarm that uses a premium mission or sound still rings and still runs that mission after your subscription ends. Content you created stays on your device, but the premium screens that show it are locked again until you subscribe again.

6.2 Apple is the seller

All subscriptions are sold by Apple through your Apple Account, not by us directly. This means:

Apple charges you, holds your payment details and issues your receipt. We never see your card details.
The price, currency, billing period and any trial are shown in the App before you confirm. Payment is charged to your Apple Account when you confirm the purchase.
Your purchase is also subject to the Apple Media Services Terms and Conditions.

6.3 Auto-renewal

Wakify+ is an auto-renewing subscription. It renews automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Apple charges the renewal to your Apple Account within the 24 hours before the period ends.

6.4 Free trials and introductory offers

If we offer a free trial, any unused part of it is forfeited when you buy a subscription. Unless you cancel at least 24 hours before the trial ends, it converts automatically into a paid subscription at the price shown.

6.5 How to cancel

Cancel in iOS Settings, then your Apple Account, then Subscriptions, or through the App Store. Deleting the App does not cancel your subscription. Cancelling stops the next renewal; you keep access until the end of the period you already paid for. If mandatory law in your country gives you the right to end a renewed subscription earlier, or to a partial refund of a renewed period, nothing in these Terms limits that right. Because Apple is the seller, you exercise it through Apple at reportaproblem.apple.com.

6.6 Refunds and your right of withdrawal

Because Apple is the seller, refunds are handled by Apple under their terms, through reportaproblem.apple.com.

If you are a consumer in the European Union, the European Economic Area or the United Kingdom, you have a statutory right of withdrawal of 14 days from purchase. Because Apple is the seller, you exercise it against Apple, through reportaproblem.apple.com or Apple support. Any consent to immediate performance, and the confirmations the law requires, are handled by Apple in its purchase process. If Apple does not resolve a withdrawal or refund request, contact us at hello@cazaristudio.com and we will help. Nothing in these Terms limits any mandatory consumer right you have.

6.7 Price changes

We may change prices for future billing periods only. A price change never affects a period you already paid for. Before a higher price applies to you, Apple will notify you in advance and, where consent is required, ask you to agree. You can always avoid a price increase by cancelling before the next renewal; the current price then applies until the end of the period you already paid for. A renewal is never charged at a higher price without that prior notice.

6.8 Referral rewards

The referral programme works in two directions. If you redeem someone's code you get free premium days straight away. If someone redeems your code, you get free premium days too, but only once that person actually pays for a subscription: a free trial does not count, and each friend counts once. There is a limit on how many friends can earn you days, and the App shows the current numbers and your remaining allowance on the Invite screen. Rewards have no cash value, cannot be exchanged, transferred or sold, and are not refundable. We may change, suspend or end the programme at any time, and we may withdraw rewards obtained through fake accounts, automated redemption or any other abuse. Ending or changing the programme works forward only: reward days already credited to you stay valid, unless they were obtained through the abuse described above. Reward days are held on your account, so they follow you to a new phone when you sign in. They run as calendar days from the moment they start, whether or not you open the App, and they do not pause while a paid subscription is running.

6.9 Streaks, badges, freezes and other virtual items

Streaks, badges, streak freezes, referral reward days and every other virtual item or status in the App are part of the service we license to you. They are not your property, have no monetary value, and cannot be sold, transferred, exchanged or redeemed for money. We may recalculate, adjust or remove them where that is needed to fix an error, to address abuse, or to change how a feature works. Reward days already added keep working for their stated duration, subject to the practical limit described in section 6.8, except in the case of abuse as described there.

7. Your content

"Your Content" means anything you put into the App: your name, your username, your profile photo, the alarm sounds you record or import, the sound mixes you build, your alarm labels, the tags you add to a night, the sleep audio the App records for you while you track a night, and anything you write in a bug report.

You keep ownership of Your Content. We claim no rights in it.
Much of it never leaves your device: your recorded sounds, your night audio and your tags stay on your phone. Where content must be stored to make a feature work, you grant us a limited, worldwide, royalty-free licence to host, store and process it for the purpose of operating the App for you and, for your name and profile photo only, showing them to other users on the leaderboard as described in section 3.5. That licence ends when you delete the content or your account, except that it continues

for residual copies in our encrypted backups until those copies expire under the backup rotation described in the Privacy Policy, and for anything we must keep to comply with the law.

You promise you have the right to use the content you add. Do not import audio you do not have the rights to, and do not upload anything unlawful.
We do not screen Your Content before it appears, and we are not responsible for it. Section 3.8 sets out what you may publish about yourself and what we may do if you break those rules.
If you record a night of sleep, the App may capture the sounds of anyone else in the room. Make sure the people you share a room with are happy for you to do that. Those recordings stay on your phone.
A bug report is an exception to the sentence above about the licence ending: as section 5.11 of the Privacy Policy explains, we keep the report as our record of a fault, with your account identifier removed.

Feedback. If you send us ideas, suggestions or feedback about the App, in any form, we may use them freely and without restriction, payment or credit, including to improve the App. Feedback is not Your Content, and nothing in these Terms obliges you to give us any.

8. Third-party services and hardware

The App works with services and hardware we do not control, including Apple Health, Apple's weather and map services, Apple's Screen Time, your calendar and reminders, Sign in with Apple, Sign in with Google, our subscription provider and our hosting provider, and sleep data that wearables such as Apple Watch, Whoop or Oura write into Apple Health. Some of these are not switched on in every version of the App. You must comply with any applicable third-party terms when you use the App. We are not responsible for those services, for their availability, or for the accuracy of the data they provide us. Sleep data imported from a wearable is only as accurate as the device that recorded it, and some wearables share far less detail with Apple Health than they show in their own app.

Any NFC tag or dock you use with Wakify is ordinary hardware. Wakify does not require a specific brand of tag.

9. Our intellectual property

The App, its source code, design, interface, sounds, artwork, text and the Wakify name and logo are owned by us or our licensors and are protected by copyright, trade mark and other laws. These Terms give you a licence to use the App, and transfer no ownership. Third-party components used in the App remain the property of their owners and are used under their licences. All rights not expressly granted in these Terms are reserved by us and our licensors. No licence is granted by implication.

10. Changes to the App and to these Terms

We may change the App to keep it in conformity with these Terms, including security fixes and bug fixes. Beyond that, we may change, add or remove features, or discontinue parts of the App, for one of these reasons: to adapt to a new iOS version or new devices, to comply with law or an App Store requirement, to address a security or abuse risk, to reflect a change in a third-party service the App depends on, or to improve and further develop the App. Such a change never costs you extra. If a change negatively affects your access to or use of Wakify+ in more than a minor way, we will notify you by email or in the App before it takes effect, and you may end your subscription free of charge within 30 days of that notice and receive back the unused part of the prepaid period, through a refund from Apple or, if Apple does not provide it, directly from us.

We may update these Terms. If a change materially affects your rights, we will notify you in the App or by email at least 30 days before it takes effect, and it will not apply retroactively. If you do not accept the change, stop using the App and cancel your subscription before the effective date; if the change reduces what you paid for, the refund rule above applies. Changes required by law, by Apple, or needed for security can take effect sooner. Continuing to use the App after the effective date means you accept the new version.

Test and beta versions. We may offer pre-release versions of the App, or of individual features, for example through Apple's TestFlight. These versions are provided for testing. They may be less stable than a normal release, features in them may change or be removed without notice, and data created in a pre-release version may be lost when the test ends or the version expires. Apple's TestFlight terms apply on top of these Terms. This paragraph does not limit your statutory rights in respect of anything you have paid for.

11. Ending this agreement

You may stop using the App and delete your account at any time.

We may suspend or terminate your access if you seriously or repeatedly breach these Terms, if you abuse the referral programme or attempt to forge entitlements, or if we are legally required to. Unless the breach is serious or the law requires immediate action, we will warn you first and give you a reasonable period to stop the breach. When we suspend or terminate we will tell you why, unless the law prevents us. A suspension lasts no longer than needed to investigate or stop the problem. If we end your account without such a ground while you have a paid subscription running, we will make sure you get the unused part back, through a refund from Apple or, if Apple does not provide it, by paying you the unused part directly.

We may also delete an account that has not been signed into for 24 consecutive months. We will warn you by email at least 30 days before we do, and we will never delete an account this way while it has an active paid subscription or unused referral reward days. Deletion of an inactive account erases its data as described in the Privacy Policy.

Sections that by their nature should survive termination do so, including sections 3, 7, 9, 12, 13, 14, 15, 17 and 18. Section 17, including the arbitration agreement and the waiver of class actions for users in the United States, survives the end of this agreement, the deletion of your account and the deletion of the App, and continues to apply to any claim arising from your use of Wakify before it ended.

12. Warranties, and what we promise

We provide the App with reasonable care and skill. If you are a consumer, you have statutory rights that we cannot exclude, including the right to digital content and services that conform to what was agreed. Nothing in these Terms limits those rights.

If you use the App as a business, the App is provided "as is" and "as available", without any warranty beyond what mandatory law imposes. If you are a consumer in the European Union, the European Economic Area or the United Kingdom, the App must conform to these Terms and to what you may reasonably expect of an app like this, and you keep every statutory remedy, including having the App brought into conformity, price reduction and ending the contract. If you are a consumer elsewhere, you keep every right and guarantee that the law of your country gives you and does not allow to be excluded, for example under the Australian Consumer Law; beyond those rights, the App is provided as is and as available. For everyone: we do not promise that the App will be uninterrupted or error- free, that every alarm will ring on every occasion (see section 3.2), or that sleep estimates and other measurements are accurate. Sections 3.1 to 3.8 describe the honest limits of the product; they do not reduce your statutory rights.

Notice for United States residents. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR STATE: THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND OUR LIABILITY IS LIMITED AS SET OUT IN SECTION 13. SOME STATES DO NOT ALLOW SOME OF THESE EXCLUSIONS OR LIMITS, SO THEY MAY NOT ALL APPLY TO YOU.

You, not Apple, look to us for any warranty claim. In the event that the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.

13. Our liability

Nothing in these Terms excludes or limits our liability for:

death or personal injury caused by our negligence,
fraud or fraudulent misrepresentation,
liability under product liability law,
your rights and our liability under data protection law, including Article 82 of the GDPR,
intent or gross negligence on our part, or
any other liability that cannot lawfully be excluded or limited, including your mandatory rights as a consumer under the law of the country where you live.

Subject to that, and to the fullest extent permitted by law:

we are not liable for loss caused by an alarm that did not ring, or rang late, for a reason outside our reasonable control as described in section 3.2, or for injury arising from a physical mission performed contrary to the safety instructions in section 3.3;
if you use the App as a business, we are not liable for indirect or consequential loss, including lost profit, lost income, lost opportunity, loss of data or damage to reputation;
if you are a consumer, we are liable for loss that is a foreseeable and direct result of our failure to provide the App with reasonable care and skill, and we are not liable for loss that neither of us could reasonably foresee when you started using the App;
our total liability to you for all claims arising in any 12-month period is limited to the greater of the total amount you paid for the App and for Wakify+ (through Apple) in the 12 months before the event or EUR 100. This cap does not apply to the liabilities listed at the start of this section and does not limit your statutory remedies of bringing the App into conformity, price reduction and ending the contract.

Because you can use most of the App for free, this cap reflects the real balance of the bargain. If a court finds any part of this section unenforceable, the rest continues to apply.

You, not Apple, are responsible for addressing claims. We, and not Apple, are responsible for addressing any claim by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.

14. Intellectual property claims

In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

15. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your unlawful use of the App or your breach of these Terms, to the extent the law of your country allows an indemnity to be taken from a user. If you are a consumer in the European Economic Area or the United Kingdom, this section does not apply to you, and your liability is governed by the ordinary rules of the law that applies to you.

16. Maintenance and support

We, not Apple, are solely responsible for providing any maintenance and support services for the App, to the extent required by these Terms or applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.

Support is by email at hello@cazaristudio.com, and from inside the App under Settings, then Support. We aim to answer within five working days.

17. Governing law and disputes

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

If you are a consumer, this choice of law never deprives you of the protection of mandatory rules of the country where you habitually live, and you may always bring proceedings in the courts of that country.

Any dispute we cannot resolve amicably will be submitted to the competent court in Amsterdam, the Netherlands. If you are a consumer, this does not bind you: within one month after we invoke this paragraph in writing, you may instead choose the court that is competent under the applicable law. If you are a consumer living in the European Union outside the Netherlands, you may always sue us in the courts of the country where you live, and we will only sue you there. If you use the App in the course of a trade, business or profession, the courts of Amsterdam have exclusive jurisdiction. Please email us first at hello@cazaristudio.com; almost everything is resolved that way.

If you live in the United States. This part applies to you instead of the court rules above, to the fullest extent permitted by the law of your state. The Federal Arbitration Act governs the interpretation and enforcement of this part.

Talk to us first. Before starting any formal proceeding, email hello@cazaristudio.com describing the problem and what you want. We have 30 days to resolve it informally; most issues end there.
Binding individual arbitration. Any dispute that we cannot resolve informally, and that does not belong in small claims court, will be resolved by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association under its Consumer Arbitration Rules, in English, in the county where you live or by videoconference. We pay every arbitration fee those rules assign to the business. The arbitrator can award you, individually, everything a court could award, including attorneys' fees where the law provides for them.
Small claims and IP stay in court. Either of us may bring an individual claim in small claims court, and either of us may ask a court to stop infringement or misuse of intellectual property.
No class actions, no jury trial. You and we each waive the right to a jury trial, and claims may only be brought in an individual capacity, never as a plaintiff or member of a class, collective, consolidated or representative proceeding. If this waiver is held unenforceable for a particular claim, that claim must be decided in court, and this arbitration agreement does not apply to it; it continues to apply to every other claim.
Mass filings. If 25 or more similar arbitration demands are brought against us by the same or coordinated counsel, the demands will be batched and decided in stages under the AAA's procedures for multiple case filings.
Opt-out. You may reject this arbitration agreement without any disadvantage by emailing hello@cazaristudio.com within 30 days of first accepting these Terms, stating that you opt out of arbitration. The rest of these Terms continues to apply to you.
One-year deadline. Any claim between you and us must be started within one year after it arises, or it is permanently barred, unless the law of your state does not allow such a limit.

18. Apple-specific terms

These terms apply in addition to everything above, and are required by Apple.

Acknowledgement. You and we acknowledge that these Terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content.
Scope of licence. The licence granted to you is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and support. We are solely responsible for providing any maintenance and support services, as stated in section 16. Apple has no obligation to furnish any maintenance and support services with respect to the App.
Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our sole responsibility.
Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, as set out in section 13.
Intellectual property rights. We, not Apple, are solely responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim, as set out in section 14.
Legal compliance. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
Developer name and address. Our name, address and contact details for any questions, complaints or claims about the App are in section 1.
Third-party terms. You must comply with applicable third-party terms of agreement when using the App, as set out in section 8.
Third-party beneficiary. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

19. General

Severability. If any provision is found invalid or unenforceable, the rest stays in force. If you are a consumer, the invalid provision is removed and the statutory rules apply in its place. If you use the App as a business, the invalid provision is replaced by a valid provision that comes closest to its intent.
No waiver. If we do not enforce a right, that is not a waiver of it.
Assignment. You may not transfer your rights or obligations under these Terms to anyone else. We may transfer ours to a company in our group or to a buyer or legal successor of Cazari B.V. or of the App, provided the new party takes over our obligations towards you. If you do not wish to continue with the new party, you may end this agreement at any time and cancel your subscription as described in section 6.5.
Events beyond our control. We are not liable for a failure or delay in performing our obligations that is caused by events beyond our reasonable control, for example power, network or hosting failures, failures of Apple services, natural disasters, war, strikes or government measures. We will do what we reasonably can to limit the effect on you. This does not limit any statutory right you have, including the right to end your subscription if the failure continues for an extended period.
No third-party rights. Except for Apple and Apple's subsidiaries as described in section 18, these Terms do not give any person other than you and us any right to enforce them.
Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the App, and replace any earlier understanding.
Language. The English version of these Terms is the authoritative one. If we provide a translation,

it is for convenience only.

20. Contact

Cazari B.V.
Klaaskampen 40, 1251 KP Laren, the Netherlands
Email: hello@cazaristudio.com
Chamber of Commerce (KvK): 98486748

Questions, complaints and claims about the App go to hello@cazaristudio.com.

Wakify Terms of Use