Terms of Use
Before you read the legal text: WakeAlert is an alarm app, not a medical device and not a safety system. Alarms on a phone or watch can fail for reasons outside our control — a dead battery, a silenced device, an OS update. If waking up on time is critical, keep a second, independent alarm.
Contents
- Acceptance of these terms
- License to use WakeAlert
- Premium, subscriptions, and payment
- Cancellation and refunds
- Price and plan changes
- Health and safety disclaimer
- Acceptable use
- Ownership and intellectual property
- Privacy
- Disclaimer of warranties
- Limitation of liability
- Apple-specific terms
- Term and termination
- Changes to these terms
- Governing law
- Contact
1. Acceptance of these terms
These Terms of Use (the "Terms") are a legal agreement between you and TimeDesert, a company registered in the State of Utah, United States ("TimeDesert", "we", "us"), governing your use of the WakeAlert application for iPhone and Apple Watch, including its watch app, complications, and Live Activity (together, the "App").
By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
2. License to use WakeAlert
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use one copy of the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This license may also be shared with members of your Family Sharing group where Apple's rules provide for it.
You may not: copy the App except as permitted by this license; sell, rent, lease, sublicense, or redistribute it; reverse engineer, decompile, or disassemble it except to the extent that applicable law expressly permits; remove or alter any proprietary notices; or use it in violation of any applicable law.
3. Premium, subscriptions, and payment
WakeAlert requires an active WakeAlert Premium entitlement to use the app's features after initial setup. There is no advertising-supported or feature-limited free tier; instead, the yearly plan begins with a free trial period so you can evaluate the app before you are charged.
Available purchases
- Monthly — an auto-renewing subscription billed once per month.
- Yearly — an auto-renewing subscription billed once per year, which begins with a 7-day free trial for eligible new subscribers.
- Lifetime — a one-time, non-consumable purchase that is not a subscription and does not renew.
All three unlock exactly the same features. Prices are displayed in the App in your local currency before you purchase, and vary by App Store storefront. The prices shown on our website are for reference only; the price presented to you in the App at the moment of purchase controls.
Auto-renewal terms
Payment is charged to your Apple Account at confirmation of purchase. A subscription automatically renews at the then-current price for the same period unless auto-renew 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. You can manage or cancel your subscription, and turn off auto-renewal, in your Apple Account settings at any time after purchase.
If a free trial is offered, any unused portion of the free trial is forfeited when you purchase a subscription during the trial period. If you do not cancel at least 24 hours before the trial ends, the trial converts automatically into a paid subscription at the price shown.
Purchases are processed by Apple, not by us. We do not receive or store your payment details. Your purchase is also subject to Apple's Media Services Terms and Conditions.
4. Cancellation and refunds
To cancel a subscription, open the Settings app on your iPhone, tap your name, then Subscriptions, and select WakeAlert. You can also reach this screen from inside the App under Settings → Manage subscription. Cancelling stops future renewals; it does not retroactively refund the current period, and you keep access until the period ends.
Refunds are issued by Apple under Apple's policies, not by us. Request one at reportaproblem.apple.com. We are happy to help you sort out a problem with the App, but we have no ability to issue, expedite, or deny a refund on Apple's behalf.
If you reinstall the App or move to a new device, use Restore purchases in the App's settings to recover an existing subscription or Lifetime unlock.
5. Price and plan changes
We may change subscription prices or the plans we offer. Where a change affects an existing subscription, Apple will notify you in advance and, where required, ask you to consent to the new price before it takes effect. If you do not consent, your subscription will not renew at the new price. A Lifetime purchase is not affected by later price changes.
6. Health and safety disclaimer
Please read this section
WakeAlert is not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or condition, including any sleep disorder. It does not provide medical advice. Heart-rate and motion information is used only to make a rough, non-clinical guess about whether you are awake, and that guess can be wrong in both directions.
Do not rely on WakeAlert as your only alarm for anything important. Like any alarm running on a consumer device, it can fail to sound — because the device ran out of battery, was powered off, was silenced, lost its pairing with your Apple Watch, was affected by an operating system update or change in system behavior, or because of a defect in the App itself. If missing a wake-up would endanger you or others, or has serious consequences, use an additional independent alarm.
If you are concerned about your sleep, your heart rate, or excessive daytime sleepiness, talk to a qualified healthcare professional. Nothing in the App or on this site is a substitute for professional medical advice.
You are responsible for your own safety when using wake challenges. Do not attempt a movement-based challenge if you are unsteady on your feet, injured, or otherwise at risk of falling; you can turn wake challenges off in the App's settings.
7. Acceptable use
You agree not to use the App to violate any law, to interfere with or disrupt its operation or another user's device, or to attempt to circumvent its purchase and entitlement checks. Attempting to obtain premium features without paying for them is a breach of these Terms and terminates your license.
8. Ownership and intellectual property
The App, including its software, design, interface, text, graphics, alarm sounds, and the WakeAlert and TimeDesert names and logos, is owned by TimeDesert or its licensors and is protected by copyright, trademark, and other laws. These Terms grant you a license to use the App, not ownership of it. All rights not expressly granted are reserved.
Your alarms, settings, and wake history belong to you. They are stored on your own devices and we claim no rights in them.
9. Privacy
Our handling of information is described in the WakeAlert Privacy Policy, which is incorporated into these Terms by reference. In short: the App collects no personal data, operates no servers, and keeps your information on your devices.
10. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY ALARM WILL SOUND AT THE INTENDED TIME.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, any implied warranty is limited to the shortest period permitted by law.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMEDESERT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, BUSINESS, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP — INCLUDING ANY CONSEQUENCE OF AN ALARM FAILING TO SOUND, SOUNDING LATE, OR SOUNDING WHEN IT SHOULD NOT HAVE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US OR APPLE FOR THE APP IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.
12. Apple-specific terms
You acknowledge and agree that:
- These Terms are between you and TimeDesert only, and not with Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to furnish any maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by 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 a warranty are our responsibility.
- Apple is not 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 a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
- In the event of a third-party claim that the App infringes intellectual property rights, TimeDesert — not Apple — is solely responsible for the investigation, defense, settlement, and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
13. Term and termination
These Terms remain in effect until terminated. Your license terminates automatically if you breach them. You may terminate at any time by deleting the App from your devices; deletion does not by itself cancel a subscription, which must be cancelled through your Apple Account settings. Sections 6 and 8 through 12 survive termination.
14. Changes to these terms
We may update these Terms as the App changes. The current version always lives at this address, with the "Last updated" date above. If we make a material change, we will note it in the App Store release notes. Your continued use of the App after a change takes effect means you accept the revised Terms.
15. Governing law
These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. You and TimeDesert agree to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute arising out of or relating to these Terms or the App, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer resident elsewhere, this section does not deprive you of the protection of mandatory consumer-protection laws of your place of residence.
If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will stay in full force.
16. Contact
Questions about these Terms:
TimeDesert · Utah, United States