Terms of Use

These Terms of Use ("Terms") are an agreement between you and Absolute Zero LLC ("we", "us") covering your use of the Wakulus app (the "App"). By downloading or using the App, you agree to these Terms. If you don't agree, don't use the App.

We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. You may not:

• Copy, modify, distribute, sell or rent the App
• Reverse engineer or try to extract the App's source code, except where the law permits it
• Remove or alter any copyright or trademark notices
• Use the App for any unlawful purpose

An alarm may fail to ring, or ring late or quietly, because of things outside our control, for example:

• Your device being off, out of battery or restarting
• iOS updates, system settings or limitations, including revoked alarm permission
• Volume, Bluetooth headphones or other audio devices
• Changes to the device's date, time or time zone
• Deleting or reinstalling the App

Don't rely on the App as your only alarm for anything where oversleeping could cause harm, loss or missed obligations, such as medical needs, travel, work or exams. Use a backup alarm for important events. We are not responsible for any consequence of an alarm not ringing, ringing late or being dismissed.

The App asks you to solve math questions to stop an alarm. It also keeps the alarm volume at the level you choose and rings again if the quiz isn't finished. You agree to use these features responsibly. Choose difficulty, volume and quiz length that suit you. Don't use the App where a loud or persistent alarm could be unsafe or disturb others inappropriately.

In-app purchase

The App may offer a one-time in-app purchase, for example to remove ads or unlock features. Purchases are:

• Processed by Apple and subject to Apple's terms and payment methods
• Linked to your Apple Account. You can restore them on your other devices using "Restore Purchases" in the App.
• Non-refundable by us. Refund requests are handled by Apple at reportaproblem.apple.com.

What a purchase unlocks is described in the App at the time you buy it. We may change, add or remove features over time. What you've already paid for stays available for as long as we offer the App.

Advertising

The free version of the App may display ads from third parties. We aren't responsible for the content of ads or for third-party products, services or websites you reach through them. How ad data is handled is explained in our Privacy Policy.

Privacy

Your use of the App is also governed by our Privacy Policy.

The App, including its design, sounds, icon, name and code, is owned by us or our licensors and protected by intellectual property laws. These Terms don't give you any rights to our trademarks or content except the license in section 1.

Disclaimer of warranties

The App is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. We don't warrant that the App will be uninterrupted, error-free or always able to wake you.

Limitation of liability

To the fullest extent permitted by law, we won't be liable for any indirect, incidental, special, consequential or punitive damages. This includes missed appointments, flights, work, lost income or other losses resulting from your use of, or inability to use, the App, including an alarm not ringing.

Our total liability for any claim relating to the App will not exceed the amount you paid us for the App in the 12 months before the claim. If you paid nothing, it will not exceed USD 10.

Some jurisdictions don't allow certain limitations. In that case, these limits apply only as far as the law permits, and nothing in these Terms limits rights you have as a consumer that can't be waived.

These Terms apply until ended by you or us. You can end them at any time by deleting the App. Your license ends automatically if you breach these Terms. Sections 2, 7, 8, 9 and 13 survive termination.

These Terms are between you and us only, not Apple. In addition:

• Responsibility: we, not Apple, are solely responsible for the App and its content.
• Maintenance and support: we are solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide any.
• Warranty: if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App.
• Product claims: we, not Apple, are responsible for addressing any claims by you or a third party relating to the App. This includes product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection or privacy claims.
• Intellectual property claims: if a third party claims the App infringes its intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement and discharge of that claim.
• Legal compliance: you confirm 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.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right to enforce these Terms against you as a third-party beneficiary.

Changes

We may update these Terms from time to time. We'll change the "Last updated" date above and, for significant changes, notify you in the App or in the App Store release notes. Continuing to use the App after changes take effect means you accept the updated Terms.

Governing law

These Terms are governed by the laws of Georgia (country), where Absolute Zero LLC is registered, without regard to conflict-of-law rules. Disputes will be resolved in the courts of Tbilisi, Georgia, unless consumer protection law in your country gives you the right to bring a claim where you live.