Effective date: 4 May 2026
IMPORTANT: PLEASE READ CAREFULLY
These Terms and Conditions (“Terms”) form a binding agreement between you and WAKEZ HEALTH TECH ECOSYSTEM S.R.L. (“WakeZ”, “we”, “us”, “our”) for your use of the WakeZ mobile, watch and cloud services (collectively, the “Service”). By creating an account, installing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who we are

1.1 Company. WAKEZ HEALTH TECH ECOSYSTEM S.R.L., a company incorporated under the laws of Romania.

• CUI (company identification number): 46358350
• Contact: help@wakez.ai

1.2 Nature of the Service. WakeZ is a self-monitoring and well-being application that processes sensor streams from compatible Apple devices to generate sleep-related summaries and optional prompts for self-reflection. The Service is informational only, intended to support awareness and habit formation around sleep, well-being and mental health. It is not a substitute for professional evaluation, diagnosis or care. Do not rely on the Service for urgent or emergency situations. If you believe you are experiencing a medical emergency or acute safety risk, call your local emergency number.

2. Eligibility

2.1 Age. You must be at least 18 years old to create an account and use the Service.
2.2 Device requirements. The Service runs on recent Apple devices. The minimum supported versions are listed in the App Store description and may be updated periodically as Apple releases new operating system versions. As a general rule, we support iPhones, iPads, and Apple Watches that are not more than approximately three years older than the current iOS / watchOS major release. Older devices may continue to work but are not officially supported.
2.3 Use scope. The Service is designed for consolidated nocturnal sleep in typical home environments.
2.4 Health considerations. The Service is informational and is not designed for, and should not be relied upon by, anyone to manage a medical condition. If you have any medical condition that affects your sleep, your cardiovascular or autonomic system, or your ability to interact with a wearable device, or if you take medication that affects sleep, consult a qualified healthcare professional before using the Service.
2.5 Caregiver support. Individuals with significant visual, auditory, motor or cognitive limitations should not use the Service without assistance.

3. Important notices and non-clinical scope

3.1 Informational only. Outputs are descriptive and intended to support personal insight. They are not designed to identify, diagnose or manage any condition and should not be used as the sole basis for decisions affecting your health or safety.
3.2 No emergency use. Do not use the Service to monitor or handle urgent or emergency situations.
3.3 Professional guidance. If you have concerns about your sleep, mood or overall health, consult a qualified professional.
3.4 Optional prompts. The Service may invite you to complete short questionnaires. Participation is optional and results are for personal reflection. The Service may also link to general resources. These elements are supportive and non-directive.

4. Account registration and security

4.1 Accurate information. You must provide accurate, current information and keep it updated.
4.2 Credentials. You are responsible for the confidentiality of your login credentials and for the security of your devices (passcode, biometrics).
4.3 Single-user expectation. Pair your devices and account to a single person. Sharing devices or accounts may corrupt your summaries and compromise privacy.
4.4 Notification preferences. You may control certain notifications in the app or device settings.

5. License and intellectual property

5.1 License grant. Subject to these Terms, WakeZ grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the apps on compatible Apple devices solely for personal well-being purposes.
5.2 Restrictions. You must not:
(a) copy, modify or create derivative works of the Service;
(b) reverse engineer, decompile or attempt to extract source code;
© disable or circumvent security or usage limits;
(d) resell, lease, lend or otherwise commercialize the Service;
(e) access the Service in order to build a competing product or dataset.
5.3 Ownership. The Service is owned by WakeZ and its licensors. All rights not expressly granted are reserved.
5.4 Feedback. If you provide ideas or suggestions, you grant WakeZ a royalty-free, perpetual, irrevocable license to use them without restriction.

6. Acceptable use

6.1 Lawful use. You will use the Service only for lawful purposes and in accordance with these Terms.
6.2 Prohibitions. You will not:
(a) upload or transmit malware;
(b) interfere with or disrupt the Service;
© attempt unauthorized access;
(d) use any automated means to scrape, harvest or mine the Service;
(e) misrepresent your identity or eligibility;
(f) infringe third-party rights.
6.3 Community standards. You agree not to post or transmit content that is unlawful, harassing, defamatory or otherwise inappropriate, where posting is available.

7. Device, sensors and haptics

7.1 Sensor inputs. The Service processes compatible Apple Watch sensor data (for example, optical pulse, motion) transmitted via your iPhone, with your permission through Apple HealthKit.
7.2 Haptic outputs — public App Store version. In the App Store version of the Service, the Apple Watch may deliver gentle vibrations as part of the Smart Alarm feature, intended to wake you near a target time within a chosen window. You can enable or disable Smart Alarm and configure intensity in app settings. Discontinue if you experience discomfort or skin irritation.
7.3 Haptic outputs — TestFlight beta only. Beta versions of the Service distributed through Apple TestFlight may include therapeutic haptic interventions (for example, stage-contingent patterns intended to support specific research or supervised use cases). These features are not part of the App Store version, are activated only after a clinician has authorized them for you and you have signed a separate study consent, and are governed by the study-specific materials you receive at enrollment.
7.4 Data quality. If sensor quality is low or outside expected ranges, analysis may be withheld and certain results may be unavailable.
7.5 Battery and charging. Maintain adequate device charge and follow Apple’s safety guidance. Do not use damaged or modified devices or accessories.

8. Software updates and changes

8.1 Updates. We may provide updates to maintain safety, performance and compatibility. Some updates may be required to continue using the Service.
8.2 Feature changes. We may add, modify or remove features at any time. Where reasonable, we will communicate material changes in-app or on our website.
8.3 Model behavior. The Service uses fixed (non-self-learning) algorithms in field use. Performance monitoring and improvements are conducted under controlled release processes.

9. Subscriptions, fees and trials (if applicable)

9.1 Plans. The Service is currently provided free of charge. We may, in the future, offer paid plans, in-app purchases or trials. If we do, the app will display pricing and terms applicable to your region before you commit.
9.2 Billing. If subscriptions become available, they will renew automatically until cancelled. You will be able to manage or cancel through your Apple ID settings before the renewal date to avoid future charges.
9.3 Taxes. Prices may exclude taxes; applicable taxes will be charged as required by law.
9.4 Refunds. Refunds, where available, are handled per Apple’s App Store policies and applicable consumer laws.

10. Third-party services and Apple terms

10.1 Apple ecosystem. Your use of iOS, watchOS, HealthKit and the App Store is subject to Apple’s terms and policies.
10.2 No advertising use of HealthKit data. We do not use HealthKit-sourced data, or data derived from it, for advertising or data brokering. We do not sell HealthKit data. See the Privacy Policy for full HealthKit terms.
10.3 Links. The Service may link to third-party sites or resources. We do not control and are not responsible for their content or practices.

11. Privacy and data protection

Our collection and use of personal data are described in the WakeZ Privacy Policy, available at https://wakez.ai/privacy-policy/, which forms part of these Terms.
The Privacy Policy is the controlling document for all data protection matters, including categories of data collected, lawful bases under GDPR, processors, international transfers, retention periods, your rights as a data subject, and how to contact our Data Protection Officer. Where these Terms and the Privacy Policy describe the same subject matter, the Privacy Policy governs.
You can request access, deletion, correction or other data subject rights by emailing help@wakez.ai.

12. Research and beta features (if enabled)

12.1 Research mode. From time to time, we may invite you to join optional research or post-market quality activities. Participation is voluntary and governed by separate participant materials and consents that take precedence over these Terms for the study-specific processing they describe.
12.2 Beta features. Experimental features (including, in TestFlight, therapeutic haptic interventions) may be offered on a preview basis and may be modified or withdrawn at any time. Use is at your discretion and, where applicable, subject to a separate study consent.

13. Service availability and support

13.1 Availability. The Service may be interrupted, including for maintenance, upgrades or network issues. We do not guarantee continuous availability.
13.2 Support. Contact us at help@wakez.ai. Response times may vary by region and language.
13.3 Changes to devices/OS. Changes by Apple or network providers may affect performance or compatibility. You are responsible for maintaining supported devices and OS versions.

14. Disclaimers

14.1 General. To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
14.2 Well-being scope. Outputs are estimates based on wearable sensors and algorithms and may be inaccurate or incomplete. They are intended for personal insight and routine support only. Always use your judgment and, if needed, seek professional advice.
14.3 No emergency monitoring. The Service is not designed or intended for real-time safety monitoring or urgent notifications.

15. Limitation of liability

15.1 Indirect damages. To the maximum extent permitted by law, WakeZ will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or business interruption, arising out of or related to your use of, or inability to use, the Service.
15.2 Cap. To the extent liability cannot be excluded, our aggregate liability for all claims relating to the Service in any 12-month period shall not exceed the amount you paid to WakeZ for the Service in that period, or EUR 50 if no amounts were paid.
15.3 Consumer rights. Nothing in these Terms limits rights you may have under mandatory consumer laws that cannot be disclaimed by contract.

16. Indemnity

You agree to indemnify and hold WakeZ and its affiliates, officers, employees and agents harmless from any claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your misuse of the Service or your infringement of third-party rights.

17. Term and termination

17.1 Term. These Terms apply from the earliest of installation, account creation or first use.
17.2 Your termination. You may stop using the Service at any time. To delete your account and associated data, email help@wakez.ai. The app does not currently include in-app self-service deletion; all deletion requests are handled by our team through that email, in line with the Privacy Policy.
17.3 Our termination. We may suspend or terminate your access for material breach, unlawful use or risks to the Service or other users. We may discontinue the Service with reasonable notice where feasible.
17.4 Effect. Upon termination, your license ends and you must cease use. Sections that by their nature should survive (including 5, 10, 11, 14, 15, 16, 18, 19 and 20) survive termination.

18. Governing law and dispute resolution

18.1 Law. These Terms are governed by the laws of Romania, without regard to conflict-of-laws principles, and by applicable EU consumer protection rules.
18.2 Courts. The courts of Romania have non-exclusive jurisdiction. Consumers may also bring claims in their country of residence where required by mandatory law.
18.3 Severability. If a provision is invalid under mandatory local law, it will be replaced by a valid provision that best reflects the original intent, and the remainder will remain in effect.

19. Export and sanctions compliance

You agree to comply with applicable export control and sanctions laws and not to use or provide the Service where prohibited by such laws.

20. Changes to these Terms

We may modify these Terms to reflect updates to the Service, legal requirements or business needs. We will post the revised Terms in-app and on our website and update the “Effective date”.
For changes that affect data protection (categories of data, processors, purposes, retention, transfers), the notice period set out in the Privacy Policy applies (currently 30 days’ advance notice for material changes).
For other changes to these Terms, the revised Terms take effect upon posting, and we will notify you in-app or by email so you can review them. Your continued use of the Service after the revised Terms take effect constitutes acceptance.

21. Contact

For questions about these Terms or the Service:
WAKEZ HEALTH TECH ECOSYSTEM S.R.L.
Str. Virgil Fulicea 3, Cluj-Napoca, 400022, Romania
CUI: 46358350
Email: help@wakez.ai

Apple notice

Apple, iPhone, iPad, Apple Watch and watchOS are trademarks of Apple Inc. Apple is not responsible for the Service or its content. If any app store terms conflict with these Terms, the app store terms may also apply.

Language

These Terms may be provided in multiple languages. If versions differ, the English version controls, except where local law requires otherwise.