Terms of Service

Services Covered

These Terms govern your access and use of the following "Services":

• Our mobile app, the "Wake UP App" (available from the Apple App Store or Google Play Store)
• Our Wake UP Website and related web services
• Any cannabis recovery content, videos, programs, or materials we provide
• Community features, support forums, and user interactions
• 90-day recovery programs and tracking features
• Trigger management tools and coping strategy resources

Eligibility

• You must be 18 years of age or older to use our Services
• You must be 18 years of age or older to purchase our paid Services or any other products offered by us
• If applicable laws require you to be older than 18 to use these Services, then the minimum age is the older age under such laws
• You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over these Terms, Sicreto Labs LLC, and yourself
• You represent that you are seeking recovery support and are committed to cannabis sobriety goals

Changes to Terms

These Terms are subject to occasional revision. If we make substantive changes, we may notify you by:

• Sending an email to the last email address you provided
• Prominently posting a notice within our Services
• In-app notifications about important changes

Your continued use of our Services following notice of changes constitutes your acceptance of all such changes.

Privacy Policy Integration

Any information we collect through your use of the Services is subject to our Privacy Policy, which is part of these Terms of Service. Your recovery data is treated with the highest level of confidentiality and security.

1. Accounts

1.1 Account Creation

To use certain features of the Services, you may register for an account ("Account") and provide information about yourself and your recovery goals. You represent and warrant that:

• All required registration information you submit is truthful and accurate
• You will maintain the accuracy of such information
• Your recovery goals and quit dates are genuine

You may delete your Account at any time by following the instructions in the Services. We may suspend or terminate your Account as permitted in these Terms.

1.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your Account login information
• All activities that occur under your Account
• Immediately notifying us of any unauthorized use of your Account
• Keeping your recovery progress data accurate and up-to-date

We will not be liable for any loss or damage arising from your failure to comply with these requirements.

2. The Services

2.1 License

Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, non-commercial cannabis recovery purposes.

2.2 Service Restrictions

The rights granted to you are subject to the following restrictions:

• You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services
• You shall not modify, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services
• You shall not access the Services to build a similar or competitive recovery app, platform, website, product, or service
• You shall not use automated software, devices, or processes to "scrape" or download data from the Services
• You shall not post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable
• You shall not promote drug use, share information about obtaining illegal substances, or encourage relapse behavior
• You shall not infringe on intellectual property rights, defame anyone, impersonate anyone, or violate third-party rights
• You shall not share recovery videos, community content, or any other materials accessed through the Service with third parties
• You shall not hack, crack, phish, SQL inject, or otherwise compromise the security of our Services
• Recovery programs and materials purchased through the Services are for your sole use and may not be shared
• You shall not violate applicable laws or do anything that could harm us or any third party

2.3 Changes to Services

We reserve the right to modify, update, suspend, or discontinue the Services (in whole or in part) with or without notice. This includes:

• Adding new recovery features or programs
• Updating trigger video content and coping strategies
• Modifying community features
• Changing subscription plans or pricing

You agree that we will not be liable for any modification, updates, suspension, or discontinuation of the Services.

2.4 Wake UP Intellectual Property

All intellectual property rights in the Services and content are owned by us or our suppliers ("Wake UP IP"), including:

• Recovery program methodologies and content
• Trigger management video library
• Progress tracking algorithms
• Community platform features
• App design and user interface

These Terms do not transfer any rights to Wake UP IP except for the limited access rights expressly set forth above.

3. Recovery Content and Medical Disclaimers

3.1 Educational Purpose

Our recovery content, including trigger videos, coping strategies, and 90-day programs, is designed for educational and motivational purposes. This content:

• Should not replace professional medical advice or treatment
• Is based on general recovery principles and may not suit everyone
• Should be used alongside appropriate medical supervision when needed
• Is not intended to diagnose, treat, cure, or prevent any medical condition

3.2 Individual Responsibility

You acknowledge that:

• Recovery is a personal journey that may require professional support
• You are responsible for seeking appropriate medical care when needed
• You should consult healthcare providers for severe addiction or mental health issues
• We are not liable for any health outcomes related to your recovery journey

4. Community Guidelines

Our community features are designed to provide mutual support for cannabis recovery. By participating, you agree to:

• Be respectful and supportive of other community members
• Share experiences honestly and constructively
• Respect privacy and confidentiality of others' recovery journeys
• Avoid sharing personal contact information publicly
• Report inappropriate behavior or content to our moderators
• Not promote drug use or provide information about obtaining substances
• Focus on recovery, sobriety, and positive lifestyle changes

We reserve the right to moderate, remove content, or ban users who violate community guidelines.

5. Indemnification

You agree to indemnify and hold us (and our officers, employees, contractors, agents, representatives, affiliates, successors and assigns) harmless from any claims, disputes, demands, liabilities, damages, losses and costs (including reasonable attorney's fees) arising out of or connected with:

• Your use of the Services
• Your violation of these Terms
• Your participation in community features
• Your recovery content or contributions to the Services
• Your violation of applicable laws or regulations

6. Third Party Services

To optimize your recovery experience, you may choose to link:

• Wearable devices for health tracking
• Calendar applications for milestone reminders
• Mental health apps for complementary support
• Professional counseling platforms

We are not responsible for the privacy practices or functionality of third-party services.

7. Disclaimers and Limitations

7.1 Service Availability

We do not guarantee that:

• The Services will be uninterrupted or error-free
• Recovery content will be suitable for your specific situation
• Community features will always be available
• Your recovery progress will be guaranteed

7.2 Recovery Outcomes

We make no guarantees about:

• Success rates or recovery outcomes
• Prevention of relapse or continued sobriety
• Improvement in mental or physical health
• Financial savings or life improvements

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SICRETO LABS LLC SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenues, data, use, goodwill, or other intangible losses
• Any damages related to your recovery journey or health outcomes
• Any damages resulting from community interactions or content
• Any damages exceeding the amount you paid for the Services in the past 12 months

9. Dispute Resolution

9.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@wakeupapp.com and attempt to resolve the issue informally.

9.2 Arbitration

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

9.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in class-action lawsuits or class-wide arbitrations.

9.4 Jurisdiction

If litigation is permitted, jurisdiction and venue shall be in the federal and state courts located in Delaware, USA.

10. Content and Copyright

For all your use of the Services and everywhere in these Terms and in our Privacy Policy, Content is defined as any video, audio or text content that is provided to you through the Services.

10.1 Content Disclaimers

We cannot guarantee that you will not be exposed to Content that is inaccurate, indecent, offensive, objectionable, inappropriate for children, or otherwise unsuited to your purpose. You are responsible for taking precautions as necessary to protect yourself and you agree that Wake UP shall not be liable for any damages you allege to incur as a result.

Wake UP may contain Content from third parties that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of others without our knowledge, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM SUCH THIRD PARTY CONTENT ON WAKE UP OR FROM THE USE OF SUCH CONTENT BY ANY USER OF WAKE UP.

If any Content on Wake UP infringes your rights (including privacy, publicity or intellectual property rights) or if you witness any unlawful, malicious, harmful or otherwise objectionable Content, please inform us at legal@wakeupapp.com so that we can take appropriate actions.

10.2 Your Content

You retain ownership of content you create and share through our community features, but you grant us a license to use, display, and distribute such content within the Services for recovery support purposes.

10.3 Copyright Protection and DMCA

We take the protection of Intellectual Property seriously. We respect the rights of others' content and Intellectual Property, and we expect our Users to do the same. You agree not to copy, distribute, display or otherwise reproduce any of the Services or any information available through the Services without obtaining our prior written permission in each such instance. We reserve the right (in our sole discretion) to terminate and/or disable the accounts of users for materially or repeatedly infringing the intellectual property rights of ours, our suppliers and any other third parties in accordance with all applicable laws.

Claims of copyright or other intellectual property infringement can be sent to legal@wakeupapp.com.

Any claims of alleged copyright or other intellectual property infringement must include:

1. Identification of the intellectual property works which are the subject of the claimed infringement.
2. Identification of the claimed infringing activity, including the location within the applicable Services of the infringing copy.
3. A statement with the signature of the person making the claim, which states that he/she is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include a mailing address, telephone number, and email address.
4. A statement of a good faith belief that the subject use is not authorized by the intellectual property owner.
5. A statement as follows: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed."

If a statement does not include all required elements, it will not be treated as actual notice under the U.S. Digital Millennium Copyright Act (17 U.S.C. §512), or other applicable U.S. intellectual property law.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information as described above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

In the event we receive a claim, which substantially complies with the complaint requirements detailed above, we will remove the alleged infringing material from our Services, and notify you that the material has been removed. You may provide us with a counter notice if you believe the claim is in error. If you are the subject of multiple claims, we may, in our sole discretion, terminate your account without further notice.

If you are a copyright holder and believe we have used your content inappropriately, please contact us immediately at legal@wakeupapp.com and we will promptly review and remove any infringing content. We respect intellectual property rights and are committed to resolving any copyright concerns quickly and fairly.

11. Termination

Either party may terminate your access to the Services at any time. Reasons for termination may include:

• Violation of these Terms or community guidelines
• Promoting drug use or harmful behaviors
• Harassment of other community members
• Fraudulent or illegal activity
• Extended inactivity

Upon termination, your right to use the Services will cease immediately, but your recovery progress data will be available for export as described in our Privacy Policy.

12. General Terms

12.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Sicreto Labs LLC regarding the Services.

12.2 Electronic Communications

You consent to receive communications from us electronically, whether through the Services or email. Electronic communications satisfy legal requirements for written communications.

12.3 Force Majeure

We are not responsible for anything beyond our control, including acts of God, war, terrorism, pandemics, labor shortages, embargoes, or communication disruptions.

12.4 Severability

If any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect.