Terms

Effective April 25, 2026

These Terms ("Terms") are a legal agreement between you and Front Seat LLC, a Washington limited liability company doing business as Wake ("Wake," "we," "us," or "our"). They cover your use of the Wake mobile app, the wakekit.com website, and any related services we provide (collectively, the "Service").

By installing or using Wake, you agree to these Terms. If you don't agree, don't install or use Wake. Section 13 contains a binding arbitration agreement and a class action waiver that affect how disputes between you and us are resolved. Please read it carefully.

Important — please read

Medical Disclaimer

Wake is not a medical device. It is not cleared, approved, or registered by the U.S. Food and Drug Administration or any other regulatory body, and it is not designed to diagnose, cure, treat, mitigate, or prevent any disease or medical condition.

Wake is for general informational and educational purposes only. Anything Wake shows you — including sleep scores, recovery readouts, charts, experiment suggestions, AI-generated chat responses, and any other content — is informational. It is not medical advice, diagnosis, or treatment, and it is not a substitute for the advice of a licensed physician, mental health professional, or other qualified healthcare provider.

Always seek the advice of a qualified healthcare provider with any questions you may have about a medical condition, your sleep, your medications, or any decision affecting your health. Do not disregard, avoid, or delay obtaining medical advice from a qualified healthcare provider because of something you read or saw in Wake.

If you think you may have a medical emergency, stop using Wake and call 911 (or your local emergency number) or go to the nearest emergency room immediately.

Heart rate, heart rate variability, sleep stages, and other data Wake reads from Apple Health are consumer-grade signals, not diagnostic measurements. They are observational and can be inaccurate. Don't use them to evaluate, monitor, or manage a medical condition.

Wake's in-app AI assistant generates responses using a third-party large language model. The assistant can be wrong, can produce information that looks confident but is incorrect, and is not a clinician. It does not know your full medical history and is not equipped to evaluate symptoms. Treat its output as a starting point for your own thinking — never as a diagnosis or treatment plan.

You are solely responsible for any decisions you make based on Wake. To the fullest extent permitted by law, Front Seat LLC is not liable for any harm, injury, or loss resulting from your use of Wake or your reliance on anything in it. (See Section 11.)

1. Who we are

Wake is operated by Front Seat LLC, a Washington limited liability company. You can reach us at info@wakekit.com.

2. Eligibility

You must be at least 18 years old to use Wake. If you are under 18, do not install or use the Service. By using Wake, you represent that you are 18 or older and have the legal capacity to enter into these Terms.

Wake is built for adults thinking about their own sleep. It is not designed for, directed at, or intended for use by children, and it is not a substitute for pediatric medical care.

3. Accounts

Wake does not require you to create an account, sign in, or provide a name, email, or other identifier to use its core features. Some features (such as the in-app assistant) may require communication with our servers as described in our Privacy Policy. If we add account-based features in the future, additional terms may apply.

4. License to use Wake

Subject to these Terms, Front Seat LLC grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Wake on a device you own or control, solely for your own personal, non-commercial use.

You may not, and may not permit anyone else to: (a) sell, rent, lease, sublicense, distribute, or otherwise commercially exploit Wake; (b) copy, modify, translate, adapt, or create derivative works of Wake, except as expressly permitted by law; (c) reverse engineer, decompile, or disassemble Wake or attempt to derive its source code, except to the extent applicable law prohibits this restriction; (d) remove, obscure, or alter any proprietary notices in Wake; (e) use Wake to build a competing product or to train any machine-learning model; (f) circumvent or interfere with any security, rate-limiting, or access-control mechanism; (g) access the Service through automated means (bots, scrapers, etc.) other than standard mobile-app or browser interaction; or (h) use Wake in a way that violates these Terms or any applicable law.

5. AI assistant — output disclaimer

Wake's in-app assistant ("Assistant") sends your messages and relevant in-app context to our server, which forwards them to a third-party AI provider that generates a response. See our Privacy Policy for details on what is sent and what is retained.

You acknowledge and agree:

6. Apple Health, calendar, and other on-device data

Wake reads data from Apple Health, your calendar, and other on-device sources only with your permission, and uses it as described in our Privacy Policy. You can revoke any permission at any time in iOS Settings → Wake. You are responsible for the accuracy and completeness of the data on your device; Wake's outputs depend on it.

7. Acceptable use

You agree not to use Wake to: (a) violate any law or the rights of any third party; (b) infringe any patent, copyright, trademark, trade secret, or other intellectual-property right; (c) transmit content that is unlawful, defamatory, harassing, or invasive of another person's privacy; (d) attempt to gain unauthorized access to the Service, our servers, or other users' devices or data; (e) interfere with, disrupt, or place an unreasonable load on the Service; (f) use the Service to provide medical, legal, financial, or other professional services to third parties; or (g) misrepresent your identity, age, or eligibility.

8. Subscriptions, in-app purchases, and pricing

Wake is currently free to use. If we offer paid features, subscriptions, or in-app purchases in the future, those will be sold through Apple's App Store and governed by Apple's payment, billing, refund, and subscription-management terms in addition to any pricing terms we publish in the app at the time of purchase. Front Seat LLC is not Apple's payment processor; refund and cancellation requests for App Store purchases are handled by Apple.

9. Intellectual property

Wake, including the app, the website, the "Wake" name and logo, and all software, text, graphics, designs, copy, audio, and other content we make available (collectively, the "Wake Content"), is owned by Front Seat LLC or its licensors and is protected by copyright, trademark, and other laws. Except for the limited license in Section 4, no rights in the Wake Content are granted to you. You may not use the Wake name or logo without our prior written permission.

Your input. You retain ownership of the messages, freeform answers, and other content you submit to Wake ("User Input"). You grant Front Seat LLC a worldwide, non-exclusive, royalty-free license to use your User Input solely to operate, maintain, debug, and improve the Service for you, including to send your message to our AI provider so the Assistant can respond. We will not sell your User Input or use it to train AI models. If you give us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.

10. Disclaimer of warranties

The Service is provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. To the fullest extent permitted by applicable law, Front Seat LLC and its officers, members, employees, agents, and licensors disclaim all warranties, express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, Front Seat LLC does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, that any defects will be corrected, or that any data, score, suggestion, experiment outcome, or AI-generated response is accurate, complete, reliable, current, or suitable for any particular purpose, including any health-related purpose.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, the excluded warranties are limited to the minimum scope and shortest duration permitted by law.

11. Limitation of liability

To the fullest extent permitted by applicable law, in no event will Front Seat LLC or its officers, members, employees, agents, or licensors be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the Service or these Terms, regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if Front Seat LLC has been advised of the possibility of such damages.

Front Seat LLC's total cumulative liability to you for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid Front Seat LLC for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

You acknowledge that this limitation is an essential basis of the bargain between you and Front Seat LLC and that, without it, the terms of the Service and the price (including being free) would be different. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of these limitations may not apply to you. In those jurisdictions, our liability is limited to the minimum extent permitted by law.

Nothing in these Terms limits liability that cannot be excluded or limited under applicable law, including, where applicable, liability for death or personal injury caused by gross negligence or for fraud or fraudulent misrepresentation.

12. Indemnification

You agree to defend, indemnify, and hold harmless Front Seat LLC and its officers, members, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use or misuse of the Service; (b) your User Input; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

13. Disputes; binding arbitration; class action waiver

Please read this Section 13 carefully. It requires you and Front Seat LLC to resolve disputes through individual binding arbitration and to waive the right to a jury trial and to participate in class actions. It does not apply where prohibited by applicable law.

13.1 Informal resolution first

Before filing arbitration, you and Front Seat LLC agree to try in good faith to resolve any dispute informally. Send a written notice describing the dispute and the relief you seek to info@wakekit.com. We'll have 60 days from receipt to attempt to resolve it. If we can't, either party may proceed to arbitration.

13.2 Binding arbitration

Any dispute, claim, or controversy arising out of or relating to the Service or these Terms — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time arbitration is commenced. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Arbitration will be conducted by a single neutral arbitrator. The seat of the arbitration is King County, Washington; if you reside in the United States, you may elect to have any in-person hearing held in the federal judicial district where you live, or remotely. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class action waiver

You and Front Seat LLC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, then the entirety of Section 13.2 will be null and void, but the rest of these Terms will remain in effect.

13.4 Exceptions

Either party may bring an individual action in small-claims court for disputes that qualify, provided the matter remains in that court and proceeds on an individual (non-class, non-representative) basis. Either party may also seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of its intellectual-property rights.

13.5 Opt-out

You may opt out of the arbitration agreement and class action waiver in this Section 13 by sending a written opt-out notice to info@wakekit.com within 30 days of first agreeing to these Terms. The notice must include your name and a clear statement that you are opting out of arbitration with Front Seat LLC. Opting out does not affect any other part of these Terms.

14. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Washington, U.S.A., without regard to its conflict-of-laws principles, and by the Federal Arbitration Act for the arbitration provisions in Section 13. For any matter not subject to arbitration, you and Front Seat LLC agree to the exclusive jurisdiction of the state and federal courts located in King County, Washington, and waive any objection to jurisdiction, venue, or inconvenient forum in those courts.

15. Termination

You may stop using Wake at any time by deleting it from your device. We may suspend, terminate, or modify your access to the Service at any time, with or without notice, including for violations of these Terms or to comply with law. Sections that by their nature should survive termination — including the Medical Disclaimer, Sections 9 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Disputes), 14 (Governing Law), and 17 (General) — survive termination.

16. Apple App Store terms

If you obtained Wake from Apple's App Store, the following also applies. These Terms are between you and Front Seat LLC only, not with Apple, and Apple is not responsible for Wake or its content. Your license to use Wake is limited to a non-transferable license to use Wake on any Apple-branded device that you own or control as permitted by the App Store Terms of Service. In the event of any failure of Wake to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); Apple has no other warranty obligation with respect to Wake. Apple is not responsible for addressing any claims by you or any third party relating to Wake, including product-liability claims, claims that Wake fails to conform to legal or regulatory requirements, claims arising under consumer-protection or similar laws, and intellectual-property infringement claims; those are between you and Front Seat LLC. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license to use Wake, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. General

Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will update the "Effective" date above and, where appropriate, give notice in the app or by other reasonable means. Your continued use of the Service after the update means you accept the revised Terms.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Front Seat LLC regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any of your rights under them without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Front Seat LLC.

Notices. Notices to Front Seat LLC must be sent to info@wakekit.com. Notices to you may be given through the app or by any other reasonable means.

18. Contact

Questions about these Terms: info@wakekit.com.