Terms of Use

These Terms of Use (the “Terms” or “EULA”) form a legal agreement between you and Bytesong Private Limited (“Bytesong,” “we,” “us,” or “our”) governing your use of the Wake Better: Alarm & Routine application for iOS (the “App”). By downloading, installing, or using the App, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the App.

1. Acknowledgement Regarding Apple

These Terms are concluded between you and Bytesong only, and not with Apple Inc. (“Apple”). Bytesong, not Apple, is solely responsible for the App and its content. Apple is not a party to these Terms. You acknowledge that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

2. License

Bytesong grants you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded device that you own or control, as permitted by the App Store’s Usage Rules set out in Apple’s Media Services Terms and Conditions. You may not copy, modify, reverse-engineer, decompile, distribute, sell, rent, sublicense, or create derivative works of the App, except to the extent such restriction is prohibited by applicable law.

3. Subscriptions and In-App Purchases

The App is free to download and includes optional auto-renewable subscriptions and/or in-app purchases that unlock premium features (“Wake Better Pro”). The following terms apply to subscriptions:

• Title and length: Wake Better Pro is offered on a recurring basis, for example weekly, monthly, or yearly. The exact subscription options, duration, and price are shown in the App and on the App Store before you complete a purchase.
• Price: Prices are stated in your local currency and may vary by country. Any price shown in the App at the time of purchase is the price that applies.
• Payment: Payment is charged to your Apple ID account upon confirmation of purchase.
• Auto-renewal: Your subscription automatically renews for the same period at the then-current price unless you turn off auto-renewal at least 24 hours before the end of the current period.
• Renewal charge: Your Apple ID account is charged for renewal within 24 hours prior to the end of the current period.
• Managing and canceling: You can manage or cancel your subscription, or turn off auto-renewal, in your Apple ID Account Settings after purchase (Settings ’ [your name] ’ Subscriptions). Deleting the App does not cancel your subscription.
• Free trial: If a free trial is offered, any unused portion of the trial period is forfeited when you purchase a subscription, where applicable.

4. Refunds

All purchases are processed by Apple and are subject to Apple’s refund policies. Bytesong does not process payments and generally cannot issue refunds directly. Refund requests are handled by Apple and may be submitted at reportaproblem.apple.com. Except where required by law, payments are non-refundable.

5. Your Responsibilities and Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You are responsible for configuring your alarms and routines correctly and for ensuring your device’s settings (such as volume, notifications, Focus modes, and battery settings) allow alarms to function. You agree not to misuse the App, interfere with its operation, or attempt to access it using a method other than the interface and instructions we provide.

6. No Guarantee of Alarm Delivery

While we strive to make alarms and reminders reliable, the App depends on your device, its operating system, hardware, network, battery, volume, and notification, Focus, and power settings, all of which are outside our control. As a result, an alarm or reminder may be delayed, silenced, or fail to sound or appear.

You should not rely on the App as your sole or primary method of waking up or being reminded for any important, safety-critical, or time-critical purpose — such as getting to work, school, a flight or appointment, taking medication, or any situation where a missed or late alert could cause harm, loss, or inconvenience. We strongly recommend using a backup alarm for any such purpose.

To the fullest extent permitted by law, Bytesong is not responsible or liable for any loss, damage, injury, missed event, cost, or other consequence of any kind arising from an alarm or reminder that fails to sound, is delayed, is silenced, or is otherwise not delivered as expected. You accept all risk associated with relying on the App.

7. Intellectual Property

The App, including its software, design, text, graphics, logos, and sounds, is owned by Bytesong or its licensors and is protected by intellectual-property laws. Except for the license granted above, no rights are transferred to you.

8. Maintenance and Support

Bytesong is solely responsible for providing any maintenance and support services for the App, as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App. For support, contact us at bytesong1@gmail.com.

9. Warranty

To the maximum extent permitted by law, the App is provided “as is” and “as available,” without warranties of any kind, whether express or implied. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Bytesong’s sole responsibility.

10. Limitation of Liability

To the fullest extent permitted by law, Bytesong will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising out of or relating to your use of or inability to use the App. Our total liability for any claim relating to the App will not exceed the amount you paid us for the App in the twelve months preceding the claim.

11. Product Claims

Bytesong, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product-liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation.

12. Intellectual Property Claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Bytesong, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by these Terms.

13. Legal Compliance and Export

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable laws when using the App.

14. Termination

These Terms remain in effect until terminated. Your rights under these Terms will terminate automatically if you fail to comply with any of their provisions. Upon termination, you must stop using the App and delete all copies. Sections relating to intellectual property, warranties, liability, and indemnification survive termination.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by the laws of India, without regard to its conflict-of-laws rules, except where local consumer-protection laws require otherwise. This does not affect the application of mandatory consumer-protection provisions of your country of residence.

17. Contact

Bytesong Private Limited
Sadabad, India
Email: bytesong1@gmail.com