Terms of Service

1. Agreement to These Terms

By downloading, installing, or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Who We Are

The Service is operated by Guse LTDA, CNPJ 47.758.713/0001-82, Brazil. Contact: contact@guseapp.com — getwakeproof.com

3. Eligibility and Account

Age. You must be at least 13 years old (or the minimum age required in your country, if higher) to use the Service.

Account. You agree to provide accurate information, keep your credentials confidential, and promptly notify us of any unauthorized access. You are responsible for all activity under your account.

Guest Mode. You may use a limited version of the App for up to 7 days without an account. Guest data may be lost if you do not create an account before the 7-day period expires.

4. License to Use the App and Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable personal license to download and use the App on Apple-brand devices you own or control, for your personal, non-commercial use only.

You may not: copy, modify, or distribute the App; reverse-engineer it; rent or sublicense it; remove proprietary notices; or use it for any unlawful purpose.

5. Acceptable Use

You agree not to use the Service to violate any law, gain unauthorized access to our systems, interfere with the Service, use automated scraping tools, transmit malware, or impersonate others.

Critical alarm warning. Wakeproof is a personal consumer alarm app. Do not rely solely on Wakeproof for any safety-critical, medical, commercial, or professional purpose — including medical alert systems, aviation, transportation, or emergency services. Always maintain independent backup alarm systems for critical wake requirements.

6. Subscriptions, Billing, and Cancellation

Free Tier. Allows one saved alarm. No payment required.

Wakeproof Pro is offered as an auto-renewing subscription through Apple's App Store. Current plans:

Prices are processed by Apple. Local taxes may apply. Each plan automatically renews unless you cancel at least 24 hours before the current period ends.

How to cancel: iOS Settings → [Your Name] → Subscriptions → Wakeproof → Cancel Subscription. Cancellation takes effect at the end of the current period.

Price changes. We will notify you at least 30 days before any price change. Continued use after the change constitutes acceptance.

Annual reminder. For yearly plans, we will send you a renewal reminder 30–60 days before your annual renewal date.

7. Free Trials and Promotional Offers

New subscribers may be eligible for a 3-day free trial. You must provide a valid payment method to start the trial. If you do not cancel at least 24 hours before the trial ends, you will be charged the applicable subscription price.

Free trials are available once per Apple ID. Promotional offers are subject to their specific terms.

8. Refunds

All purchases are processed by Apple. To request a refund, visit reportaproblem.apple.com or contact Apple Support. We cannot issue refunds directly.

EU/EEA and UK users may have a statutory 14-day right of withdrawal; however, by starting a trial or subscription you expressly consent to immediate access and acknowledge that this right is waived once the service has begun, as permitted under EU law.

9. Third-Party Services

The App uses the following third-party services: Apple App Store (distribution and billing); Firebase (analytics and crash reporting); Cloudflare (backend infrastructure); Apple Music (optional alarm sounds from your library, with your permission).

Apple is not a party to these Terms and has no support or warranty obligations for the App.

10. Intellectual Property

The App, Website, and all content — including code, graphics, logos, and sounds — are owned by Guse LTDA or its licensors and protected by applicable intellectual property laws. You may not use our trademarks or logos without prior written consent.

11. Feedback

If you submit suggestions or ideas, you grant us a perpetual, royalty-free license to use and commercialize that Feedback without restriction or compensation to you.

12. Privacy and Device Permissions

Your use of the Service is governed by our Privacy Policy. The App uses the following device permissions, only for the stated purposes:

• Camera — local Photo Verify challenge (not uploaded)
• Microphone — local Sound challenge (not recorded or transmitted)
• Motion & Fitness — Shake challenge detection
• Face ID — optional account login
• Apple Music Library — optional alarm sounds from your library

You can revoke any permission at any time in iOS Settings.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. WE SPECIFICALLY DISCLAIM THAT THE APP WILL RELIABLY WAKE YOU UP IN ALL CIRCUMSTANCES. ALARM DELIVERY DEPENDS ON iOS SYSTEM BEHAVIOR, DEVICE SETTINGS, BATTERY LEVEL, FOCUS/DND MODE, AND OTHER FACTORS OUTSIDE OUR CONTROL. NEVER RELY ON WAKEPROOF AS YOUR SOLE ALARM FOR ANY CRITICAL SITUATION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUSE LTDA'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $10. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

15. Indemnification

You agree to indemnify and hold harmless Guse LTDA and its officers from any claims, liabilities, and expenses arising from your use of the Service or violation of these Terms.

16. Governing Law

These Terms are governed by the laws of Brazil. For US users, the Federal Arbitration Act governs Sections 17–20. For EEA/UK users, mandatory consumer-protection laws of your country apply. Disputes not subject to arbitration are submitted to the courts of São Paulo, Brazil.

17. Informal Dispute Resolution

Before filing any claim, contact us at contact@guseapp.com with a description of the dispute. We will attempt to resolve it informally within 30 days.

18. Binding Arbitration (US Users Only)

This section applies only to users in the United States.

If informal resolution fails, disputes shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator may award any individual relief a court could award. Either party may bring a claim in small claims court instead. See the full arbitration clause in the full Terms document for complete details.

19. Class-Action Waiver (US Users Only)

This section applies only to users in the United States.

YOU AND GUSE LTDA AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. TO THE EXTENT DISPUTES PROCEED IN COURT, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

20. Arbitration Opt-Out (US Users Only)

You may opt out of arbitration within 30 days of first accepting these Terms by emailing contact@guseapp.com with subject 'Arbitration Opt-Out' and your name and email. Opting out does not affect other Terms.

21. Changes to These Terms

We may update these Terms. For material changes, we will notify you at least 14 days before they take effect by email and/or in-app notice. Continued use constitutes acceptance. If you disagree, stop using the Service and cancel any subscriptions before changes take effect.

22. General Provisions

If any provision is held invalid, the remaining provisions remain in force. These Terms (with our Privacy Policy) are the entire agreement between us. Our failure to enforce any provision is not a waiver. You may not assign your rights without our consent.

23. Apple-Specific Terms

Apple is a third-party beneficiary of these Terms with the right to enforce them. We (not Apple) are solely responsible for the App, maintenance, support, warranties, and product claims. Apple has no warranty or support obligations for the App. For full Apple minimum EULA terms, see the full Terms of Service.

24. Notice to California Users

Under California Civil Code § 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

25. Notice to EEA, UK, and Swiss Users

If you are in the EEA, UK, or Switzerland, mandatory consumer-protection laws of your country apply. Sections 18–20 (arbitration, class waiver, jury waiver) do not apply to you. Disputes will be resolved in the courts of your country of residence. The EU ODR platform is available at ec.europa.eu/consumers/odr.

26. Notice to Brazilian Users

O Código de Defesa do Consumidor (CDC, Lei Federal nº 8.078/1990) aplica-se à sua relação com a Guse LTDA. Você tem o direito de arrependimento de 7 dias corridos a partir da contratação (art. 49 do CDC). Para exercer este direito, entre em contato com contact@guseapp.com. Disputas serão submetidas ao Foro da Comarca de São Paulo, SP, Brasil.

27. Export Controls

You represent that you are not located in, or a national of, any country subject to a U.S. Government embargo, and that you are not on any U.S. Government prohibited-party list. You may not export or re-export the App in violation of applicable export laws.

28. Contact Us

Guse LTDA
Email: contact@guseapp.com
Website: getwakeproof.com
App Store: Wakeproof on the App Store