Wonderwake — Terms of Use

These Terms of Use (“Terms”) form a legally binding agreement between you (“you,” “your,” or “User”) and Wonderwake Inc. (“Wonderwake,” “we,” “us,” or “our”) regarding your access to and use of Wonderwake’s mobile application, website, and other related products and services (collectively, the “Services”).

By downloading, installing, registering for, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy https://telegra.ph/Wonderwake--Privacy-Policy-08-05. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 9 years old (or the minimum age of digital consent where you live, if higher) and capable of forming a binding contract to use the Services. If we learn that we have inadvertently collected personal data from a child below this age threshold, we will delete it as required by law.

2. License Grant

Subject to your ongoing compliance with these Terms, Wonderwake grants you a personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to download and use one copy of the Wonderwake application (“App”) on a device you own or control solely for your non-commercial, personal use.

• You may not: (a) copy, modify, translate, adapt, distribute, publicly display, sublicense, sell, rent, lease, or otherwise transfer the App or any part of the Services; (b) reverse-engineer, decompile, or disassemble the App except where such activity is expressly permitted by law; (c) remove or alter any proprietary notice or watermark; or (d) access or use the Services for competitive analysis or to build a competing product.

3. Intellectual-Property Rights

All content, features, and functionality of the Services—including but not limited to text, graphics, logos, patents, trademarks, service marks, software code, audio, music, and UI design—are and shall remain the exclusive property of Wonderwake or its licensors and are protected by copyrights, trademarks, patents, and other laws. No rights are granted to you except as expressly set out in § 2.

3.1 Infringement Claims (DMCA-style Process)

If you believe content on the Services infringes your intellectual-property rights, please send a notice to dev@somnify.org containing: (i) a physical or electronic signature of the rights owner (or person authorized to act for the owner); (ii) identification of the work claimed to be infringed; (iii) identification of the allegedly infringing material and its location; (iv) your contact information; (v) a statement that you have a good-faith belief the use is unauthorized; and (vi) a statement that the information is accurate under penalty of perjury. We may remove or disable access to the challenged content and, where appropriate, terminate repeat infringers.

4. Subscription & Payment Terms

1. Free Trial: New Users receive a 7-day free trial beginning when their first Wonderwake alarm finishes.
2. Plans: After the trial, continued access requires (a) a monthly, (b) yearly (discounted), or (c) lifetime subscription.
3. Billing: Fees are charged to your Apple App Store or Google Play account on confirmation and auto-renew unless you cancel at least 24 hours before the current period ends.
4. Price Changes: We may change prices for future periods with at least 30 days’ prior notice. Your continued use after the effective date constitutes acceptance.
5. Cancellations & Refunds: Manage or cancel via your platform-provider’s settings. All refunds are handled exclusively by the applicable app-store provider subject to its policies. Wonderwake cannot issue refunds directly.
6. Lifetime Plan: “Lifetime” means for as long as Wonderwake commercially operates the Services. If Wonderwake ceases operations, lifetime access ends. Refunds beyond statutory obligations are not available.

5. Acceptable Use

You agree not to:

• violate any law, regulation, or third-party right;
• use the Services to transmit spam, malware, or harassing content;
• attempt to gain unauthorized access to the Services or users’ data;
• interfere with, disrupt, or impair the operation of the Services; or
• attempt to circumvent any security or usage limits.

6. Disclaimers

• No Medical Advice: Wonderwake is not a medical device. All content is for general-information purposes and is not intended to diagnose, treat, cure, or prevent any condition. Consult a qualified professional before making health-related decisions.
• “As-Is / As-Available”: To the fullest extent permitted by law, Wonderwake disclaims all warranties—express, implied, statutory, and otherwise—including merchantability, fitness for a particular purpose, accuracy, non-infringement, quiet enjoyment, and uninterrupted availability.

7. Limitation of Liability

To the maximum extent permitted by law, in no event will Wonderwake, its affiliates, directors, employees, suppliers, or licensors be liable for (a) any indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenue, data, goodwill, or other intangible losses; or (c) aggregate liability exceeding the greater of (i) US $50 or (ii) the amount you paid to Wonderwake in the 12 months preceding the event giving rise to the claim. Certain jurisdictions do not allow limitations on implied warranties or liability; in such jurisdictions, Wonderwake’s liability is limited to the greatest extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Wonderwake and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) your misuse of the Services; or (c) your violation of any law or third-party right.

9. Suspension & Termination

Wonderwake may suspend or terminate your access at any time, with or without notice, if it reasonably believes you have violated these Terms or applicable law. Upon termination: (i) your license automatically terminates; (ii) outstanding fees become immediately due; and (iii) §§ 3, 6-10 survive.

10. Force Majeure

Wonderwake is not liable for delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, Internet or utility failures, and cyber-attacks.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles.  Any dispute arising out of or relating to the Services or these Terms shall be resolved exclusively by binding arbitrationadministered by the American Arbitration Association under its Consumer Arbitration Rules. Class-action waiversapply: you and Wonderwake may bring claims only in an individual capacity, not as a class member or representative. The arbitrator’s award may be entered in any court with jurisdiction. You may opt out of arbitration within 30 days of first accepting these Terms by emailing dev@somnify.org with your full name and a clear statement that you opt out; in that case the exclusive venue for disputes will be the state or federal courts located in Wilmington, Delaware, USA, and you consent to personal jurisdiction there.

12. Changes to Terms

We may update these Terms from time to time, for example to reflect changes in our Services or legal obligations. Material changes will be communicated at least 30 days in advance via in-app notice or email. Your continued use after the effective date constitutes acceptance of the revised Terms.

13. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Wonderwake and supersede all prior understandings.
• Severability: If any provision is held unenforceable, the remaining provisions remain in effect.
• No Waiver: Wonderwake’s failure to enforce any provision is not a waiver of future enforcement.
• Assignment: Wonderwake may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights without prior written consent.
• Headings are for convenience only and have no legal effect.

14. Contact

Questions, complaints, or requests? Email us at dev@somnify.org.

Thank you for using Wonderwake!