These Terms of Use ("Terms") are a legal agreement between you and WonderWake Limited, a company incorporated in Hong Kong, operating as Wonderwake ("Wonderwake," "we," "us," or "our"). They govern your use of the Wonderwake mobile application, website, and related services (collectively, the "Services").

By downloading, accessing, purchasing, or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services. Nothing in these Terms limits rights that cannot lawfully be limited or waived.

Translations: Localized versions of these Terms are provided for convenience. If a translation conflicts with the English version, the English version controls to the extent permitted by applicable law. This does not limit rights that cannot lawfully be limited.

1. Who May Use Wonderwake

You must be legally capable of entering into this agreement. If you are below the age of legal majority where you live, a parent or legal guardian must review and agree to these Terms on your behalf and supervise your use of the Services. The App Store age rating describes app content; it does not determine whether you can enter into a contract.

2. App License and Apple Terms

The Wonderwake application (the "App") is licensed, not sold. Subject to these Terms, Wonderwake grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App for your personal, non-commercial purposes on Apple-branded products that you own or control, as permitted by the Apple Media Services Usage Rules. Family Sharing or similar use is permitted only where Apple makes it available for the applicable purchase.

For an App obtained through Apple's App Store, Apple's Standard Licensed Application End User License Agreement ("Apple Standard EULA") governs the license to the App and is incorporated into these Terms. These Terms supplement the Apple Standard EULA. If they conflict regarding the App license, the Apple Standard EULA controls.

This agreement is between you and Wonderwake, not Apple. Wonderwake, not Apple, is responsible for the Services, support, and claims relating to the Services, including product-liability, consumer-protection, privacy, and intellectual-property claims, to the extent required by law. Apple has no obligation to provide maintenance or support for Wonderwake.

3. What Wonderwake Provides

Wonderwake is digital software for iPhone, delivered through the Apple App Store. Purchases provide app access through subscriptions or a one-time software license. We do not sell or ship physical goods.

Wonderwake provides alarm, wake-up, sleep-insight, routine, journal, weather, calendar, HomeKit, and related features. Available features may depend on your device, operating-system version, region, permissions, purchase status, and third-party services. Some features are optional and may not be available to every user.

We may improve, modify, add, or remove features when reasonably necessary for security, legal compliance, platform compatibility, reliability, or product development. We will not intentionally remove paid access that a user is entitled to retain under an applicable purchase, except where required by law, platform rules, security needs, or circumstances outside our reasonable control. Mandatory consumer remedies remain unaffected.

4. Alarm and Safety Responsibilities

Wonderwake is designed as a general-purpose alarm and wellness app. It is not an emergency service, medical device, life-safety system, or guaranteed notification service. Do not rely on Wonderwake as your only safeguard for medication, caregiving, medical needs, emergencies, travel, examinations, employment obligations, or any situation in which a missed alarm could cause serious harm or loss.

Alarm operation may be affected by device power, battery level, hardware, speaker condition, volume and focus settings, permissions, operating-system behavior, software updates, network-dependent features, user configuration, or other circumstances outside Wonderwake's control. You are responsible for configuring and testing alarms, keeping the device powered and in working order, reviewing permissions and settings, and maintaining an independent backup alarm for important obligations.

5. Health and Wellness Information

For everyday routines and general wellness only. Sleep times, stages, scores and recommendations are estimates, not medical advice, diagnosis or treatment. Wonderwake does not detect sleep disorders or guarantee sleep or waking results. Ask a qualified professional about persistent sleep concerns. Use an independent backup for important alarms.

6. Free Access, Trials, and Promotional Offers

Wonderwake may provide free access, a Wonderwake-managed trial, an Apple introductory offer, promotional pricing, or another offer. Availability, eligibility, duration, included features, and conditions can differ by user, region, product, and time and will be shown in the App or App Store before you confirm an Apple purchase.

A Wonderwake-managed trial does not by itself create an auto-renewing subscription. An Apple introductory trial or promotional offer is part of an Apple subscription transaction. If you confirm that transaction, the subscription starts with the trial or offer shown by Apple. An eligible free trial has no subscription charge during the trial. Unless canceled before renewal, paid billing starts when the free trial ends, at the price and interval shown by Apple. Discounted offers are charged as displayed. To avoid renewal, cancel a free or discounted trial at least 24 hours before it ends. Eligibility for Apple offers is determined by Apple and is not guaranteed.

7. Subscriptions and Purchases

  • Purchase information: Product availability, billing period, price, currency, trial or offer details, and included access are displayed in the App and Apple's purchase confirmation. Those displayed terms are part of your purchase.
  • Subscriptions: Auto-renewable subscriptions continue for successive billing periods until canceled. Apple charges your Apple Account according to the purchase terms shown by Apple. For an eligible free trial, the first subscription charge occurs after the trial unless you cancel before renewal. Apple may notify you of and request consent to price changes as required by its rules or applicable law.
  • Cancellation: You can manage or cancel a subscription in your Apple Account subscription settings. Cancellation takes effect at the end of the current paid period unless Apple or applicable law provides otherwise. Deleting the App does not cancel a subscription.
  • Lifetime purchase: A "lifetime" product is a one-time, non-consumable purchase, not a subscription. It provides access to the features included in your purchase for the commercial lifetime of the current Wonderwake App and Services, not your lifetime or the lifetime of your device. It does not guarantee perpetual operation, support, updates, compatibility, or availability of any particular feature or third-party integration. Separate products and separately priced future services are not included unless expressly stated in your purchase offer. Changes or discontinuation remain subject to Sections 3 and 17, the terms offered when you purchased, and mandatory consumer rights. This definition does not retroactively reduce rights under an earlier purchase.
  • Restoration and paid access: Eligible App Store purchases may be restored through Apple. Access remains subject to a valid, non-refunded, non-revoked transaction and any rights applicable to legacy purchases. We will not intentionally revoke valid paid or legacy-paid access merely because product offerings later change.
  • Taxes and connectivity: Prices may include or exclude taxes as indicated by Apple. You are responsible for device, internet, carrier, and other third-party charges associated with using the Services.

8. Refunds and Consumer Rights

Refunds and cancellation (English)

Apple processes App Store payments and refund requests under its policies. You can request a refund through Apple's refund process. Refund eligibility may vary by country or region. Nothing in these Terms excludes refund, cancellation, warranty, conformity, or other consumer rights that apply to you under mandatory law. Where Wonderwake is legally required to provide a remedy directly, we will do so notwithstanding Apple's role in processing payments.

9. Acceptable Use

You must not:

  • use the Services unlawfully or violate another person's rights;
  • interfere with, damage, overload, or gain unauthorized access to the Services or related systems;
  • introduce malware or use the Services to distribute harmful, deceptive, abusive, or unlawful material;
  • circumvent access, purchase, security, or technical restrictions;
  • copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Services except as permitted by law;
  • reverse engineer, decompile, or attempt to derive source code except to the limited extent applicable law expressly permits; or
  • use automated means to scrape or extract content or data from the Services without our written permission.

10. Your Content and Feedback

You retain ownership of content you create in Wonderwake, including Journal entries. We receive only the limited rights needed to process content when you request a feature such as storage, synchronization, support, or sharing, as described in the Privacy Policy. We do not claim ownership of private Journal content.

If you voluntarily send us feedback, ideas, or feature suggestions, you grant Wonderwake a worldwide, perpetual, irrevocable, royalty-free right to use, adapt, and incorporate that feedback without compensation or obligation to you. This does not apply to private Journal content or personal data submitted for support.

11. Intellectual Property

The Services, including their software, design, text, graphics, branding, audio, and other content, are owned by Wonderwake or its licensors and are protected by applicable intellectual-property laws. Except for the limited license expressly granted above, no right, title, or interest is transferred to you. Third-party names and marks belong to their respective owners.

Certain included sound recordings and compositions are original works owned by Wonderwake or its licensors. Your purchase permits personal playback through the Services, not ownership of the audio. You may not extract, redistribute, resell, sublicense, or reuse included audio in other products or content without permission from the relevant rights holder, except as permitted by applicable law or an applicable third-party license. Music you import remains subject to its existing ownership and licenses.

To report alleged intellectual-property infringement, email dev@somnify.org with identification of the protected work, the material at issue and its location, your contact information, a good-faith statement explaining the claim, and confirmation that the information supplied is accurate and that you are authorized to act.

12. Third-Party Services

The Services may interoperate with Apple and other third-party products or services, including App Store, StoreKit, HealthKit, HomeKit, CloudKit, WeatherKit, calendars, reminders, music libraries, analytics, subscription infrastructure, and support tools. Their availability and operation are controlled by their providers and may be governed by separate terms. You must comply with applicable third-party terms when using the Services.

To the extent permitted by law, Wonderwake is not responsible for a third-party service's independent acts, omissions, content, availability, security, or changes. Our use of personal data and service providers is described in the Privacy Policy.

13. Availability, Updates, and Support

We aim to keep Wonderwake reliable but do not promise uninterrupted, error-free, or permanently available operation. Maintenance, platform changes, security incidents, force majeure events, or technical failures may interrupt the Services. You may need to install App or operating-system updates to continue using some features.

Support is available at dev@somnify.org. We do not promise a specific response or resolution time unless mandatory law requires otherwise.

14. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available." Wonderwake disclaims warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability. These disclaimers do not exclude warranties, guarantees, or remedies that cannot lawfully be excluded, including mandatory consumer rights that apply where you live.

15. Limitation of Liability

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, intentional misconduct, gross negligence, death or personal injury where caused by negligence, or any other liability that cannot lawfully be excluded or limited.

Subject to the paragraph above and to the maximum extent permitted by law, Wonderwake will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunity, goodwill, or data, arising from or relating to the Services, even if advised that such loss was possible.

Subject to the first paragraph of this section and to the maximum extent permitted by law, Wonderwake's total aggregate liability arising from or relating to the Services will not exceed the greater of US $50 or the amount you paid for the Services during the 12 months immediately before the event giving rise to the claim. Where applicable law does not permit a particular exclusion or limitation, that exclusion or limitation applies only to the greatest extent the law permits.

16. Responsibility for Misuse

To the extent permitted by applicable law, you are responsible for reasonably foreseeable losses that Wonderwake suffers as a direct result of your intentional unlawful misuse of the Services or your material breach of these Terms. This section does not require a consumer to compensate Wonderwake for losses caused by Wonderwake, ordinary permitted use, or matters for which liability cannot lawfully be imposed.

17. Suspension, Termination, and Discontinuation

You may stop using the Services at any time. Stopping use or deleting the App does not cancel an Apple subscription; subscriptions must be managed through Apple.

We may restrict or suspend access when reasonably necessary to address a material breach of these Terms, unlawful conduct, fraud, a security threat, legal requirements, or serious harm to the Services or others. Where reasonably possible, we will provide notice and an opportunity to remedy the issue. We will not use this section to arbitrarily remove valid paid access, and mandatory consumer remedies remain available.

We may discontinue all or part of the Services. Where reasonably possible, we will provide advance notice. Any refund, continued-access, or other obligation resulting from discontinuation will be determined under the purchase terms and applicable mandatory law.

18. Governing Law and Disputes

These Terms are governed by the laws of Hong Kong, without regard to conflict-of-law rules. However, if you are a consumer, this choice does not deprive you of mandatory protections provided by the law of the country where you habitually reside.

Before filing a claim, you and Wonderwake agree to make a reasonable, good-faith effort to resolve the dispute informally by sending a written description to the contact details below and allowing 30 days for a response. This does not prevent either party from seeking urgent relief, using an available consumer-protection procedure, or filing before a legal deadline expires.

Subject to mandatory consumer law and applicable jurisdiction rules, courts located in Hong Kong will have jurisdiction over disputes. A consumer may bring a claim in any other court available under mandatory law. These Terms do not require arbitration or waive any right to participate in a class or representative proceeding where such a right cannot lawfully be waived.

19. Export and Legal Compliance

You must comply with laws applicable to your use of the Services. You represent that you are not prohibited from receiving or using the App under applicable trade, export-control, sanctions, or restricted-party laws.

20. Changes to These Terms

We may update these Terms to reflect changes to the Services, purchases, law, security needs, or our operations. The updated Terms will show a new effective date. Where required by law, we will provide additional notice or request consent. Changes will not retroactively reduce rights to a completed purchase where prohibited by law. If you do not agree to updated Terms, you should stop using the Services and cancel any subscription before its next renewal.

21. General Terms

  • Entire agreement: These Terms, the Privacy Policy, the Apple Standard EULA where applicable, and purchase terms displayed by Apple form the agreement concerning your use of the Services.
  • Severability: If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent or removed, and the remaining provisions will continue in effect.
  • No waiver: A failure or delay in enforcing a provision is not a waiver of the right to enforce it later.
  • Assignment: You may not transfer these Terms except where applicable law permits. Wonderwake may transfer them as part of a business reorganization, sale, or transfer of the Services, provided this does not reduce mandatory consumer rights.
  • Force majeure: Wonderwake is not responsible for delay or failure caused by events beyond its reasonable control, except where the law provides otherwise.

22. Contact

Operator: WonderWake Limited (Hong Kong, BRN 81158864), operating as Wonderwake
Registered office: RM 701, UNIT 108, 7/F, TWR B NEW MANDARIN PLAZA, 14 SCIENCE MUSEUM RD, TSIM SHA TSUI, HONG KONG
Email: dev@somnify.org

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