Terms of Service

1. Acceptance of terms

By downloading, installing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. If you use the Service on behalf of another person (for example, by designating them as a trusted contact), you represent that you have informed them and that they will provide their own consent as described in the Privacy Policy.

2. Description of the Service

FAILSAFE is a wake-assurance alarm application. It provides a multi-layer escalation system that includes on-device alarms (smart wake window, alarm sounds, silent-mode piercing, and proof-of-wake tasks) and cloud-based escalations (automated phone calls and SMS messages to your verified phone number, and — with separate double opt-in — an alert to a trusted contact you designate). A server-side watchdog monitors armed alarms so that cloud escalations can fire even if the app on your device is terminated.

We may modify, suspend, or discontinue features of the Service at any time. Material changes affecting active subscriptions will be communicated in advance where reasonably possible.

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and use the Service. The Service is not intended for, and may not be used by, anyone under 13 years of age under any circumstances. By using the Service, you represent that you meet these requirements.

4. Not a medical device. No guarantee of delivery.

5. Your responsibilities

You agree to:

• Keep your phone number accurate. Cloud escalations are only as good as the number they dial. You are responsible for keeping your verified number current.
• Obtain your trusted contact’s agreement. Before designating a trusted contact, tell them what the role involves. They must complete their own double opt-in before receiving alerts, and you must honor their decision if they decline or later opt out. Do not re-designate a contact who has opted out in order to circumvent their choice.
• Use the Service lawfully. Do not use FAILSAFE to harass, contact, or alert any person without their consent, or in violation of any law, including telemarketing and telecommunication regulations.
• Maintain your device. Grant the permissions the app requests for its layers to work (notifications, sound, critical alerts as applicable) and keep your device charged and in service if you are depending on it.
• Secure your account. You are responsible for activity that occurs under your account.

6. SMS and voice program terms

By verifying your phone number, you consent to receive automated account, verification, and wake-escalation calls and text messages from FAILSAFE at that number. Message frequency varies with your alarm configuration and escalation activity. Message and data rates may apply. Reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT) to any message to cancel SMS; reply HELP or email help@getfailsafe.app for assistance. Opting out of SMS may degrade your escalation ladder to voice-only at the cloud layer. Carriers are not liable for delayed or undelivered messages. Full messaging terms, including how consent is collected and our commitment not to share opt-in data, are set out in the Mobile Messaging (SMS) Program section of our Privacy Policy.

Consent to receive escalation calls and texts is a condition of using the cloud layers of the Service (they cannot function without it), but it is never a condition of purchasing anything else, and the on-device layers remain usable without cloud escalation.

7. Subscriptions, billing, and fair use

• Billing via the App Store. Paid features are sold as auto-renewing subscriptions through Apple’s App Store. Pricing is shown in the app before purchase. Payment is charged to your Apple account; subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Manage or cancel any time in your App Store account settings. Refunds are handled by Apple under its policies.
• Fair-use caps. Cloud escalation firings (calls, SMS, trusted-contact alerts) are subject to fair-use caps disclosed in the app. Caps apply only to escalations that actually fire — never to the number of alarms you arm. Caps exist to prevent abuse and keep telephony costs sustainable; a normally functioning ladder rarely approaches them.
• Changes. We may change subscription pricing or cap levels prospectively; changes take effect at your next renewal and will be disclosed in advance.

8. Acceptable use

You may not:

• Use the Service to send messages or place calls to any person who has not consented to receive them;
• Attempt to bypass fair-use caps, verification steps, or opt-out mechanisms;
• Reverse-engineer, decompile, probe, or disrupt the Service or its infrastructure, except where such restriction is prohibited by law;
• Resell, sublicense, or provide the Service to third parties as a service bureau;
• Use the Service for any unlawful, fraudulent, or abusive purpose.

We may suspend or terminate accounts that violate this section, with notice where practicable.

9. Intellectual property

The Service, including its software, design, artwork, alarm-tone system, text, and trademarks (including “FAILSAFE”), is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices you own or control, for personal, non-commercial use, in accordance with these Terms and the App Store Terms of Service. No other rights are granted.

10. Disclaimer of warranties

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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ALARMS, CALLS, MESSAGES, OR NOTIFICATIONS WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR THAT THE SERVICE WILL WAKE YOU.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FAILSAFE, ITS OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, EMPLOYMENT, OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE — INCLUDING ANY MISSED ALARM, UNDELIVERED CALL OR MESSAGE, OR FAILURE TO WAKE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY U.S. DOLLARS (US $50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless FAILSAFE and its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any law or the rights of any third party, including designating a trusted contact without their knowledge or contacting persons without consent; or (c) your misuse of the Service.

13. Changes to these Terms

We may revise these Terms from time to time. If we make material changes, we will provide notice in the app or by SMS/email before the changes take effect and update the “Last updated” date above. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, stop using the Service and cancel any subscription.

14. Governing law and disputes

These Terms are governed by the laws of [Jurisdiction], without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in [Jurisdiction], and you consent to their jurisdiction, except that either party may seek relief in small-claims court where eligible. Nothing in this section limits any non-waivable consumer rights you hold under the laws of your place of residence.

15. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Apple is a third-party beneficiary of these Terms with respect to the iOS app and may enforce them against you.

16. Contact

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