Article 1: General Provisions
These Terms of Service (the "Terms") governs terms and conditions of use of mobile application "WakeCycle" (the "Application") provided by freeweb (the "Service Provider" or "we"). By downloading or using Application, you agree to be bound by all of provisions of these Terms.
If you do not agree to these Terms, please do not use the Application. If you do not agree to these Terms, delete the Application from your device.
Article 2: Definitions
In these Terms, following terms have following meanings.
- Application: Refers to the mobile application "WakeCycle" provided by the Service Provider.
- User: Refers to an individual who downloads or uses the Application.
- Service: Refers to all functions provided through the Application.
Article 3: License to Use
We grant you a non-exclusive, non-transferable license to use the Application subject to these Terms. This license is limited to personal use only.
You may not:
- Copy, modify, reverse-assemble, reverse-compile, or reverse engineer all or any part of the Application
- Extract or create derivative works from the Application's source code
- Redistribute, sell, lend, sublicense, assign, or rent the Application
- Create derivative works from the Application
- Use the Application on multiple devices simultaneously
- Remove or alter copyright notices, trademarks, or other proprietary notices from the Application
- Use the Application for commercial purposes
Article 3.2: Apple's Third-Party Beneficiary Status
You and the End-User must acknowledge that the EULA is concluded between you and the End-User only, and not with Apple, and that you, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge that you have had the opportunity to review).
Apple and Apple's subsidiaries are third-party beneficiaries of the EULA, and that, upon the End-User's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third-party beneficiary thereof.
Article 4: User Responsibilities
In using the Application, you agree to comply with the following:
- Comply with all applicable laws and regulations
- Do not transfer usage rights of the Application to others
- Use the Application in a lawful and appropriate manner
Article 5: Prohibited Activities
You may not use the Application for any of the following activities. If any of these activities occur, we reserve the right to restrict or terminate your use of the Application without prior notice.
- Illegal, harmful, violent, threatening, abusive, harassing, defamatory, or offensive conduct
- Infringement of copyright, trademark, patent, or other intellectual property rights
- Violation of third parties' privacy or personality rights
- Distribution of viruses, malware, or other malicious code
- Interference with or disruption of the normal operation of the Application
- Provision of false or misleading information
- Spam, bulk emails, or unauthorized advertising using the Application
Article 6: Intellectual Property
The Application and all content, features, designs, images, text, and code contained therein (the "Content") are the exclusive property of the Service Provider or its licensors and are protected by copyright laws, trademark laws, and other intellectual property laws of Japan and other countries.
The rights granted to you under these Terms are limited to the right to use the Application and Content, and no other intellectual property rights are granted.
Article 7: Privacy Policy
For our privacy practices, please refer to our Privacy Policy available separately. Use of the Application implies your consent to our Privacy Policy.
Article 8: No Warranty and Disclaimer
The Application and the Service are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, whether express, implied, statutory, or otherwise.
We expressly disclaim all warranties, including but not limited to:
- Warranty that the Application will be free of malfunctions, interruptions, or errors
- Warranty that the Application's functions will meet your requirements
- Warranty of accuracy, reliability, completeness, or timeliness of the Application
- Warranty of quality of results from using the Application
- Warranty that bugs or errors in the Application will be fixed
We do not guarantee the accuracy, completeness, or timeliness of any information provided through the Application.
The Application may not function properly due to operating system updates, device malfunctions, or changes to third-party services (such as notification functions). We are not responsible for these situations.
Maintenance, Support, and Refund Policy
We are solely responsible for providing any maintenance and support services with respect to the Licensed Application as specified in the EULA, or as required under applicable law. You and the End-User must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
Article 9: Limitation of Liability
Notwithstanding any provision of these Terms, we shall not be liable for any of the following damages, except for damages caused by the Service Provider's negligence (excluding gross negligence or willful misconduct) or by the negligence of our officers, employees, agents, partners, or suppliers.
- Direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the Application or Service
- Loss of profits, revenue, data, or business opportunities
- Loss or damage of information, software, or data
If we are liable for damages, the maximum amount of our liability shall be the total amount of usage fees paid by the user to the Application in the most recent 3 months (1,000 yen if such amount is less than 1,000 yen). However, as the Application is provided free of charge and no usage fees are incurred, the maximum amount shall be 1,000 yen.
The limitation of liability above does not apply to damages caused by the willful misconduct or gross negligence of the Service Provider or its officers, employees, agents, or partners.
Product Claims
You and the End-User must acknowledge that you, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with your Licensed Application's use of the HealthKit and HomeKit frameworks.
The EULA may not limit your liability to the End-User beyond what is permitted by applicable law.
Article 10: Modification and Termination of Service
We reserve the right, in our sole discretion, to temporarily suspend or terminate all or part of the Application or Service without prior notice.
We may modify or terminate the Application or Service for the following reasons:
- Technical or operational necessity
- Changes in laws or regulations
- Business decisions
- Safety or security concerns
Upon termination of the Service, you shall delete the Application from your device.
Third Party Terms of Agreement
You must state in the EULA that the End-User must comply with applicable third party terms of agreement when using your Application, e.g., if you have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using your Application.
Article 11: Changes to Terms
We reserve the right to modify these Terms at any time in our sole discretion. The revised Terms shall become effective when posted on this page.
The revised Terms shall be deemed accepted by you when you continue to use the Application. If you do not accept the revised Terms, you must cease use of the Application and delete it from your device.
Article 12: Governing Law and Jurisdiction
All disputes related to these Terms and the use of the Application shall be governed by and construed in accordance with the laws of Japan.
The Chiba District Court or Tokyo District Court shall be the court of first instance with exclusive jurisdiction for any disputes related to these Terms or the Application.
Article 13: Legal Compliance
The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Article 14: Miscellaneous
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms shall continue in full force and effect.
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision.
We have the right to assign or transfer these Terms to others at any time. You may not assign these Terms without prior written consent.
Developer Information and Contact
For any End-User questions, complaints, or claims with respect to the Licensed Application should be directed to:
- Developer Name: freeweb
- Contact Email: eerf0309+wakecycle@gmail.com
Last Updated: March 17, 2026