Terms of Service

Last updated: August 24, 2026

These Terms of Service (“Terms”) govern your use of the Elsewake mobile application (“the App”) provided by us (“we”, “us”). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not download or use the App.

1. Overview

Elsewake is an iOS application that delivers immersive, scene-based wake-up alarms. Each day the App selects a different scene — combining a soundscape, a wake signal, and an optional voice callout — so you wake up in a different “world” every morning. The App is built on Apple’s AlarmKit (iOS 26) for reliable alarm delivery.

2. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent that you meet this requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3. License to Use the App

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on iOS devices that you own or control, solely for your personal, non-commercial use. You may not:

Reverse engineer, decompile, or disassemble the App’s binary, except to the extent permitted by applicable law.
Redistribute, sublicense, rent, lease, or resell the App or any scene content.
Modify, adapt, or create derivative works of the App or its content.
Use the App for any unlawful purpose or in a manner that interferes with its intended function.

4. Free Trial and Lifetime Unlock

4.1 Free Discoveries

The App provides 7 free scene discoveries. Each day you wake up to a new scene you have not experienced before. After your 7 free discoveries:

The scenes you have already unlocked remain available forever at no cost.
The alarm continues to ring every day using your unlocked scenes.
To continue discovering new scenes beyond the initial 7, a one-time purchase is required.

4.2 Lifetime Unlock

A single one-time Lifetime Unlock purchase (a non-consumable in-app purchase via Apple StoreKit 2) adds every current and future scene to your collection. The purchase:

Is non-recurring — there are no subscriptions and no recurring fees.
Applies to your Apple account and can be restored on any device signed in to the same Apple ID using the “Restore Purchase” button in Settings.
Is processed entirely by Apple. We do not collect or store your payment information.

4.3 Refunds

All purchase refunds are handled by Apple under the App Store’s refund policy. We do not have the ability to issue refunds directly. To request a refund, contact Apple Support or visit https://reportaproblem.apple.com.

5. AlarmKit and Alarm Reliability

The App uses AlarmKit to schedule alarms. While AlarmKit is designed to fire alarms reliably — including when the device is on silent, in Focus/Do Not Disturb mode, or the App has been terminated — alarm reliability ultimately depends on the operating system, device hardware, and device state (e.g., battery level, power-off). We do not guarantee that the alarm will fire in every circumstance. You should not rely solely on the App for time-critical wake-ups (e.g., flights, medical appointments, exams). You are responsible for having a backup alarm when missing a wake-up could cause significant harm.

To function correctly, the App requires:

AlarmKit authorization — you must grant this when prompted. You can revoke it at any time in Settings, but doing so will prevent the App from scheduling alarms.
Sufficient battery — if the device powers off, no alarm can fire.
The App must not be deleted — deleting the App cancels all scheduled alarms.

6. Scene Content and Intellectual Property

All scene content — including soundscapes, wake signals, voice callouts, scene names, and images — is owned by us or licensed for use within the App. Scene audio is sourced from Freesound under the CC0 (public domain) dedication where applicable; see docs/asset-licenses.md for the full attribution list. Hero artwork is generated content used under the provider’s commercial terms.

You may not extract, copy, or redistribute scene content outside the App. The scenes are licensed to you solely for use within the App as part of its wake-up experience.

7. User Conduct

You agree to use the App only for its intended purpose — setting and waking up to scene-based alarms. You agree not to:

Attempt to bypass the free discovery limit or the Lifetime Unlock without purchasing.
Use the App in a way that could damage, disable, or impair the App or interfere with another user’s use.
Use any automated means (bots, scripts) to access or control the App.

8. No Accounts

The App does not require an account, sign-in, or registration. No credentials are needed. Because there are no accounts, there is no account-deletion flow — to remove all your data, simply delete the App from your device.

9. Privacy

Your privacy is important to us. The App does not collect, transmit, or share personal data. See our Privacy Policy at https://www.gaiaforall.com/elsewake/privacy for full details. By using the App, you also agree to the practices described in the Privacy Policy.

10. Disclaimers

10.1 “As Is” Basis

The App is provided “as is” and “as available”, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that alarms will always fire.

10.2 Alarm Performance Disclaimer

The App is a lifestyle/wake-up tool, not a safety-critical device. We are not liable for any consequence of a missed alarm, including but not limited to missed flights, appointments, exams, work shifts, medication schedules, or any other loss. Always use a backup alarm for time-critical events.

10.3 Scene Content Disclaimer

Scene content is creative and fictional. Scene names, soundscapes, and imagery are artistic interpretations and do not represent real locations or events. We do not guarantee the accuracy or cultural representation of any scene.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or related to the App shall not exceed the amount you paid us for the App in the twelve (12) months preceding the claim, or USD $50, whichever is greater. Since the App’s core functionality is free and the only paid feature is the optional Lifetime Unlock, this cap reflects the purchase price you actually paid.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your misuse of the App, your violation of these Terms, or your infringement of any third-party rights.

13. Termination

We may terminate or suspend your access to the App at any time, without notice, for any reason, including violation of these Terms. Because the App runs locally on your device and we do not operate servers that control App functionality, “termination” in practice means we may stop providing updates, new scenes, or CDN-hosted content. You may terminate your use at any time by deleting the App.

Upon termination, the licenses granted to you in Section 3 end, but the scenes you have already downloaded and unlocked remain available on your device for as long as the App is installed and the device is functional.

14. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page. Material changes will be communicated through the App Store listing or an in-App notice where feasible. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable at the place of download, without regard to conflict-of-law principles. If a dispute cannot be resolved informally, it shall be resolved in the courts having jurisdiction at our principal place of business, unless your local consumer-protection law mandates a different forum.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements or understandings.

18. Contact Us

If you have questions about these Terms or the App, contact us at:

Email: support@chibuddy.com
Website: https://www.gaiaforall.com