End-User License Agreement ("Agreement") / Terms of Use

 

Last updated: October 13, 2017

PLEASE READ THIS END-USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE CLICKING THE "I AGREE" BUTTON, DOWNLOADING OR USING WAKEME ALARM (“WAKEME”, "APP"). BY CLICKING THE "I AGREE" BUTTON, DOWNLOADING OR USING THE APP, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT CLICK THE “I AGREE” BUTTON, OTHERWISE INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT OR YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE THE APP.

THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND HYPERAPPTIVE, INC. (“HYPERAPPTIVE”, “US”, “WE”, “OUR(S)”) AND IT GOVERNS YOUR USE OF THE APP MADE AVAILABLE TO YOU BY HYPERAPPTIVE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "I AGREE" BUTTON AND DO NOT DOWNLOAD OR USE THE APP.

THE APP IS LICENSED, NOT SOLD, TO YOU BY HYPERAPPTIVE FOR USE STRICTLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

Licenses

Hyperapptive grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install and use the App solely for your personal, non-commercial purposes strictly in accordance with all of the terms and conditions of this Agreement.

You grant to Hyperapptive a non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any text, video, images, and/or any other information that you post on or in connection with the App (each, individually or together, “Your Content”) solely to the extent necessary for Hyperapptive’s delivery of the App and related services and functionality hereunder.

Restrictions

Without limiting the foregoing, you agree not to, and you will not permit or enable others to:

  • license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third-party;
  • copy or use the App for any purpose other than as expressly permitted under this Agreement;
  • modify, make derivative works of, disassemble, decrypt, reduce to source code, reverse compile or reverse engineer the App, in whole or in part;
  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Hyperapptive or its affiliates, partners, suppliers or licensors present in the App, any accompanying documentation or on this website.

Intellectual Property; Ownership

You acknowledge that:

  • all right, title and interest in and to all copies of the App and related documentation, including all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith, are and will remain with Hyperapptive and/or its licensors;
  • no right or interest in any of the foregoing is conveyed to you other than a limited license to use the App and related documentation in accordance with this Agreement;
  • the App and related documentation are protected by the copyright and/or other intellectual property laws of the United States;
  • Hyperapptive asserts that the App and related documentation embody valuable confidential and secret information of Hyperapptive, the development of which required the expenditure of considerable time and money.

Your Suggestions

You agree that any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Hyperapptive with respect to the App will remain the sole and exclusive property of Hyperapptive and that Hyperapptive will be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.

Prohibited Activity

The following, without limitation, constitutes prohibited use of the App and a violation of this Agreement:

Illegal use.  You may not use the App for illegal purposes, in support of illegal activities or in violation of any applicable law or regulation; including without limitation any export, end-user, end-use, and destination restrictions issued by the U.S. and other governments.

Harm to minors.  You may not use the App to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats.  You may not use the App to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment.  You may not use the App to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity.  You may not use the App to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as pyramid schemes, Ponzi-schemes, or chain letters.

Forgery or impersonation.  You may not use the App to add, remove or modify identifying network header information in an effort to deceive or mislead. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM).  You may not use the App to transmit any unsolicited commercial or unsolicited bulk e-mail.

E-mail / news bombing.  Malicious intent to impede another person’s use of electronic mail App or news will result in the immediate termination of the offending App account.

E-mail / message forging.  You may not forge any message header, in part or whole, of any electronic transmission, originating or passing through the App.

Usenet spamming.  You may not use the App for the posting of messages or commercial advertisements, which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access.  You may not use the App to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, our security measures or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. You will not attempt to obtain another user’s account password. Sharing passwords and account access with unauthorized parties is prohibited. It is your sole responsibility to keep any password(s) secure.

Copyright or trademark infringement.  You may not use the App to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data.  You may not use the App to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

IRC.  Use of IRC or IRC bots or clonebots is not allowed. An IRC bot is a program which runs and is connected to an IRC server twenty-four (24) hours a day, automatically performing certain actions

Network disruptions and unfriendly activity.  Use of the App for any activity which affects the ability of other people or systems or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user.

Distribution of viruses or other malicious code.  You may not use the App to intentionally distribute software that attempts to and/or causes damage, harassment or annoyance to persons, data, and/or computer systems are prohibited.

Third party accountability.  You will be held responsible and accountable for any activity by third parties, using its account that violates guidelines created within this Agreement.

Monitoring; Enforcement

We have the right, but not the obligation, to monitor your use of the App. We may remove any Materials that in our sole and absolute discretion violate this Agreement. You may not use the App to post, disseminate or otherwise publish Material, which we determine, at our sole discretion, to be unlawful, indecent, or objectionable. For purposes of this Agreement, “Material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings provided by you or other App users.

We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing, including disclosing your identity or other information about you to any third-party who in our opinion reasonably claims that your use of the App infringes their rights, including their intellectual property rights or their right to privacy. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App and/or terminate or suspend your access to all or part of the App.

We assume no liability for any action or inaction regarding any Material provided by you or any third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Modifications

Hyperapptive reserves the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, in whole or in part, with or without notice and without liability to you. Your use of the App subsequent to any such modification by Hyperapptive constitutes your acceptance of any such modification(s).

Updates to App

Hyperapptive may, from time to time, provide enhancements or improvements to the features/functionality of the App, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the App.

You agree that Hyperapptive has no obligation to: (i) provide any Updates; or (ii) continue to provide or enable any particular features and/or functionalities of the App to you.

You further agree that all Updates will be: (a) deemed to constitute an integral part of the App; and (b) subject to the terms and conditions of this Agreement.

Third-Party Services

The App may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Hyperapptive will not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.

Hyperapptive does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and/or use them entirely at your own risk and subject to the applicable third-party’s terms and conditions.

Confidentiality

You agree to maintain the confidentiality of Hyperapptive’s Confidential Information. For the purposes of this Agreement, the term “Confidential Information” means all portions of the App and related documentation including but not limited to, the underlying source code.

Content

Hyperapptive makes no representations or warranties about the accuracy, completeness, or usefulness of any content contained on its website(s) and/or mobile application(s).  Such content is for general information purposes only. Any reliance on any such content is strictly at your own risk.

Privacy Policy

Hyperapptive collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at www.wakemealarm.com/privacy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of the Hyperapptive Privacy Policy.

Term and Termination

This Agreement will remain in effect until terminated by you or Hyperapptive.

Hyperapptive may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice to you.

This Agreement will terminate immediately, without prior notice from Hyperapptive, in the event that you fail to comply with any provision of this Agreement. You may terminate this Agreement at any time by deleting the App and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you will cease all use of the App and delete all copies of the App from your mobile device or from your computer.

Termination of this Agreement will not limit any of Hyperapptive's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under this Agreement.

Indemnification

You agree to indemnify and hold Hyperapptive and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: (i) your use of the App; (ii) Your Content; (iii) any violation of any provision of this Agreement or any applicable law or regulation; or (iv) any violation of any right of a third-party.

No Warranties

THE APP IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HYPERAPPTIVE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, HYPERAPPTIVE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND:

  • THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; OR
  • AS TO THE OPERATION OR AVAILABILITY OF THE APP, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON;
  • AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APP;
  • OR THAT THE APP, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF HYPERAPPTIVE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME-BOMBS OR OTHER HARMFUL COMPONENTS.

CERTAIN ACCESS TO AND/OR USE OF THE APP AND RELATED DOCUMENTATION MAY DEPEND ON NETWORK CONNECTIVITY.  HYPERAPPTIVE HAS NO CONTROL OVER CONNECTIONS TO AND FROM THE INTERNET OR ANY INTERNAL OR MOBILE NETWORKS; THEREFORE, HYPERAPPTIVE MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO AND USE OF THE APP WILL BE UNINTERRUPTED DUE TO RELIANCE ON NETWORK CONNECTIVITY OR ANY OTHER REASON OUTSIDE OF HYPERAPPTIVE’S REASONABLE CONTROL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL THE ENTIRE AGGREGATE LIABILITY OF HYPERAPPTIVE AND ANY OF ITS SUPPLIERS OR LICENSORS IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY RECEIVED BY HYPERAPPTIVE FOR YOUR PURCHASE OF A LICENSE TO THE APP. THE FOREGOING LIMITATION CONSTITUTES YOUR SOLE REMEDY FOR ANY DAMAGES THAT YOU MAY INCUR IN CONNECTION WITH THIS AGREEMENT AND WILL APPLY EVEN IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HYPERAPPTIVE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APP, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE APP, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF HYPERAPPTIVE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

For U.S. Government End Users

The App and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end You: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end You pursuant to the terms and conditions herein.

Export Compliance

You may not export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained.

In particular, but without limitation, the App may not be exported or re-exported: (i) into or to a nation or a resident of any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

By installing or using any component of the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Canadian Licenses

If you are accessing the App and/or related documentation in Canada, you agree to the following: the parties confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and will be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s'y rattachent, soient rédigés en langue anglaise.

Incident Reporting

General: Any complaints (other than claims of copyright or trademark infringement) regarding any violation of this Agreement should be directed to info@wakemealarm.com.  Where possible, include details that would assist us in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).

Copyright complaints: If you believe that your work has been copied and posted, stored or transmitted using the App in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") in accordance with the process detailed below and directed to the designated agent listed below.

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that App;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, and our sole discretion, Customer accounts of those who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the App and/or terminate the accounts of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

Our designated Copyright Agent for notice of claims of copyright or trademark infringement is:

Ascentage Law, PLLC

Attn: Justice Rines

18 Congress Street – Suite 211

Portsmouth, NH 03801

E-mail: tm@ascentagelaw.com

Amendments to this Agreement

Hyperapptive reserves the right, at its sole discretion, to modify, revise or replace this Agreement, in whole or in part, at any time. If, in Hyperapptive’s sole discretion, such a modification, revision or replacement is material, we will provide at least fifteen (15) days' notice prior to any such new terms taking effect.

By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

Governing Law

The laws of the Commonwealth of Massachusetts, United States, excluding its conflicts of law rules, will govern this Agreement and your use of the App. You hereby consent to the exclusive jurisdiction of the state and federal courts located within the Commonwealth of Massachusetts for any claim or action arising from or in connection with this Agreement.

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Assignment

You may not assign your rights or obligations under this Agreement, either voluntarily or by operation of law, except with the prior written consent of Hyperapptive. Hyperapptive may assign this Agreement.

Authority to Contract

You represent and warrant that you have the right, power and authority to enter into and perform under this Agreement, whether yourself or on behalf of any applicable entity.

Injunction

You acknowledge and agree that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause Hyperapptive and/or its licensors irreparable damage, for which the award of damages would not be adequate compensation. As such, Hyperapptive may seek an injunction to prevent you from taking any and all acts in violation of such provisions, which remedy will be cumulative and not exclusive, and Hyperapptive may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Hyperapptive may be entitled at law or in equity.

Severability

If any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure by a party to this Agreement to exercise a right or to require performance of an obligation under this Agreement will not affect such party's ability to exercise such right or require such performance at any time thereafter nor will be the waiver of a breach constitute waiver of any subsequent breach.

Contact Information

If you have any questions about this Agreement or the App, please contact info@wakemealarm.com.

Entire Agreement

The Agreement constitutes the entire agreement between you and Hyperapptive regarding your use of the App and supersedes all prior and contemporaneous written or oral agreements between you and Hyperapptive.

You may be subject to additional terms and conditions that apply when you use or purchase other Hyperapptive's services, which Hyperapptive will provide to you at the time of such use or purchase.

Copyright Notice.  Copyright © 2016 Hyperapptive, Inc. - 21 Water Street - Amesbury, MA 01913 - USA. All rights reserved.

PLEASE INDICATE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND ACCEPT THE FOREGOING TERMS AND CONDITIONS BY SELECTING THE “I ACCEPT” OPTION BELOW.