Table of Contents
Agreement to Terms
Welcome to MotiveWake ("we," "us," or "our"). By accessing or using the MotiveWake mobile application (the "App") and website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.
Description of Service
MotiveWake is a motivational alarm application that combines traditional alarm functionality with personalized motivational content to help users wake up with purpose and positive energy. Our Services include:
- Alarm creation and management
- Custom motivational phrase integration
- Text-to-speech playback of motivational content
- Cloud synchronization (Premium users)
- Account management and subscription services
Eligibility
You must be at least 13 years of age to use our Services. If you are under 18 years of age, you must have permission from your parent or legal guardian to use the Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
User Accounts
4. 1 Account Creation
To access certain features of the App, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized access or security breach
4. 2 Account Termination
We reserve the right to suspend or terminate your account at any time for:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- Request by you or law enforcement
Subscription and Payment Terms
5. 1 Free Tier
The App offers a free tier with limited features, including:
- Limited number of alarms
- Up to 3 custom motivational phrases
- Basic alarm functionality
5. 2 Premium Subscription
Premium subscriptions provide:
- Unlimited alarms and custom phrases
- Cloud synchronization across devices
- Multi-device support
- Priority customer support
5. 3 Payment and Billing
- Subscriptions are billed on a recurring basis (monthly or annually)
- Payment is processed through Apple App Store or Google Play Store
- All fees are non-refundable except as required by law
- Prices are subject to change with 30 days' notice
- You may cancel your subscription at any time through your device's subscription management settings
5. 4 Automatic Renewal
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You will be charged within 24 hours prior to the end of the current period.
User-Generated Content
6. 1 Your Content
You retain ownership of any motivational phrases, content, or data you create, upload, or submit through the App ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely to provide and improve our Services.
6. 2 Content Guidelines
You agree not to submit User Content that:
- Infringes on intellectual property rights
- Contains hateful, threatening, or obscene material
- Promotes illegal activities or violence
- Contains malware or harmful code
- Violates any applicable laws or regulations
6. 3 Content Removal
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without notice.
Acceptable Use
You agree NOT to:
- Use the Services for any illegal purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Reverse engineer, decompile, or disassemble the App
- Use automated systems to access the Services without permission
- Impersonate any person or entity
- Collect user information without consent
- Upload viruses or malicious code
- Circumvent any security or access control mechanisms
Intellectual Property Rights
8. 1 Our Property
The App, including its original content, features, functionality, design, and underlying technology, is owned by MotiveWake and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
8. 2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial use, subject to these Terms.
8. 3 Trademarks
MotiveWake and associated logos are our trademarks. You may not use our trademarks without our prior written consent.
Third-Party Services
The App integrates with third-party services including:
- Authentication services (Supabase)
- Cloud storage and database services
- Push notification services (Firebase Cloud Messaging)
- Text-to-speech APIs
- Payment processors (Apple App Store, Google Play Store)
We are not responsible for the availability, content, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies.
Disclaimers and Warranties
10. 1 'AS IS' Basis
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RELIABILITY.
10. 2 No Guarantee of Service
We do not guarantee that:
- The Services will be uninterrupted, secure, or error-free
- Defects will be corrected
- The Services will meet your specific requirements
- The App will function as an alarm system in all circumstances
10. 3 Alarm Functionality
IMPORTANT: While we strive to provide reliable alarm functionality, we cannot guarantee that alarms will trigger in all circumstances. You acknowledge that MotiveWake should not be your sole method of waking up for critical appointments or obligations. We are not liable for any damages resulting from alarm failures.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTIVEWAKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or use
- Damages arising from your use or inability to use the Services
- Any damages exceeding the amount you paid us in the 12 months prior to the claim
This limitation applies regardless of the legal theory and even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless MotiveWake and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection and use of personal information as outlined in the Privacy Policy.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms in the App
- Sending an email notification to your registered email address
- Displaying an in-app notification
Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
Governing Law and Dispute Resolution
15. 1 Governing Law
These Terms are governed by and construed in accordance with the laws of applicable jurisdiction, without regard to its conflict of law provisions.
15. 2 Dispute Resolution
Any disputes arising from these Terms or the Services shall be resolved through:
- Informal Resolution: We encourage you to contact us first to resolve disputes informally
- Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association
- Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions
15. 3 Exceptions
Either party may seek injunctive relief in court for intellectual property infringement or violation of confidentiality obligations.
Termination
16. 1 Your Rights
You may stop using the Services and delete your account at any time through the App settings.
16. 2 Our Rights
We may suspend or terminate your access to the Services at any time for:
- Violation of these Terms
- Fraudulent or illegal activity
- Extended inactivity
- At our discretion with or without notice
16. 3 Effect of Termination
Upon termination:
- Your right to use the Services ceases immediately
- We may delete your account and User Content
- Provisions that by their nature should survive will remain in effect
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and MotiveWake regarding the Services and supersede all prior agreements and understandings.
No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.
Contact Information
For questions, concerns, or notices regarding these Terms, please contact us at:
Acknowledgment
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
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