Terms of Service

Last updated: September 23, 2026

1. Acceptance of Terms

By accessing or using Wake ("Service"), operated by Wake AI LLC ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all visitors, users, and others who access or use the Service.

• Wake is intended for people 13 and older. You must be at least 13 years old to use the Service. The app does not verify age today.
• By using the Service, you also agree to our Privacy Policy, which is incorporated into these Terms by reference.
• If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Wake is a swim and wellness app for iPhone, currently offered as a free beta through Apple's TestFlight. It includes:

• Swim video analysis: pose and 3D mesh views of your stroke, a written analysis from Google Gemini, and recommended drills you can add to your month
• Meal logging from photos, with food and macronutrient estimates
• Workouts, sleep and recovery from Apple Health and Garmin
• Guided meditations and mood check-ins
• Goals, progress tracking, groups and a social feed of what users choose to make public
• Sammy, an AI assistant you can chat with by text or voice

TestFlight beta builds connect to our staging servers. Features in a beta may change or break.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration & Security

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access to or use of your account
• Maintain only one account per person — multiple accounts are not permitted
• Accept responsibility for all activities that occur under your account

We may suspend or terminate your account if we determine that you have violated these Terms or if your account has been compromised.

4. Fees

Wake currently has no paid features and charges you nothing. If we introduce paid features, we will update these Terms and tell you before anything is charged.

5. User Content & Data

The Service allows you to upload, submit, and share content including videos, images, and nutrition data ("User Content"). Regarding your User Content:

• You retain ownership of all User Content you submit to the Service
• You grant Wake AI LLC a non-exclusive, worldwide, royalty-free license to use, store, process and display your User Content to provide the Service and to train and improve Wake's models
• Model training: videos you upload, linked to your account, and the analysis we derive from them are used to train Wake's models, whether the videos are public or private. There is currently no opt-out. An "Anonymize my data" setting is coming soon; it is not yet available. Deleting your account does not remove copies already in Wake's training sets, and nothing can remove what a trained model has already learned. See our Privacy Policy
• You represent and warrant that you have all necessary rights to upload and share your User Content
• We may remove User Content that violates these Terms or our community standards without notice

6. Health & Wellness Disclaimers

You acknowledge and agree to the following regarding health information provided by the Service:

• Wake operates under the FDA's general wellness policy and is NOT a regulated medical device
• Swim analysis, pose and 3D body views, meal estimates, and all other metrics are provided for informational and wellness purposes only
• Always consult a qualified healthcare provider before starting any new exercise program or making significant dietary changes
• Do not disregard or delay seeking professional medical advice based on information or recommendations from Wake
• If you experience pain, discomfort, dizziness, or any other health concerns during use, stop immediately and consult a physician
• Wake is not responsible for any health decisions made based on data or recommendations from the Service

7. Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT:

• Physical exercise, fitness activities, and movement analysis involve inherent risks of physical injury, including but not limited to sprains, strains, fractures, and in rare cases, serious injury or death
• You voluntarily assume all risks associated with your use of the Service, including any physical activities you undertake based on information, recommendations, or analysis provided by Wake
• You are solely responsible for evaluating your own physical condition and fitness level before engaging in any exercise or physical activity
• Wake is not a substitute for professional supervision during physical activity — you should train under qualified supervision when appropriate
• You release Wake AI LLC from all claims arising from your physical activities, to the fullest extent permitted by law

8. Intelligent Features

Wake uses intelligent systems throughout the Service, including:

• Sammy: answers questions and suggests actions using your data
• Video Analysis: analyzes your swimming from uploaded videos, with a written analysis from Google Gemini
• Nutrition Analysis: estimates foods and macronutrients from meal photos, using Google Gemini

You acknowledge that:

• Generated content, analysis, and recommendations may contain errors or inaccuracies
• Outputs are provided for informational purposes only and do not constitute professional advice
• Your data is used to train Wake's models as described in Section 5 and our Privacy Policy

9. Biometric Data Consent (BIPA)

When you upload a video, Wake derives 2D body pose points and a 3D body mesh from it; if you add a full-body photo, Wake builds a 3D body model from it. This data may constitute biometric identifiers under applicable law. The following terms govern it:

Purpose of Collection

To analyze your swimming, show it back to you in the app, and train Wake's models, as described in Section 5 and our Privacy Policy.

Retention Schedule

Data derived from videos uploaded to our production servers is deleted one year after upload. Data derived from videos uploaded from TestFlight beta builds, which use our staging servers, is not yet deleted automatically and is kept until you ask us to delete it. Our Privacy Policy has the full schedule.

No Sale or Profit

Wake AI LLC will not sell, lease, trade, or otherwise profit from your biometric data.

Disclosure

Biometric data is disclosed only to the service providers named in our Privacy Policy (Google Cloud stores it; Google Gemini receives the videos it comes from) or as required by law.

Your Consent

There is no separate consent screen for biometric data today. By agreeing to these Terms and our Privacy Policy at sign-up, you consent to the collection, storage, and use of your biometric data as described in them.

Revocation of Consent

You may revoke your consent at any time by emailing support@wakeai.app. We will then delete your account and data as described in our Privacy Policy; deletion finishes after 30 days. Revoking consent ends your use of the Service.

Security of Biometric Data

Biometric data is encrypted in transit with TLS and at rest with Google Cloud's default AES-256 encryption.

10. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in a manner consistent with these Terms. You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Upload content depicting minors without verifiable parental consent
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive source code from the Service
• Interfere with, disrupt, or create an unreasonable burden on the Service or its infrastructure
• Harvest, collect, or gather user information from the Service without consent
• Upload or transmit malicious code, viruses, or any other harmful content
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Use the Service or any data derived from it to develop competing products or services
• Share, sell, or transfer your account credentials to any third party
• Circumvent any usage limits, access controls, or security features of the Service

Violation of this Acceptable Use Policy may result in immediate account suspension or termination.

11. Intellectual Property

The Service and all of its original content, features, and functionality are and will remain the exclusive property of Wake AI LLC. This includes, without limitation:

• The Wake platform, algorithms, and AI models (including movement analysis models)
• The Sammy character, personality, voice, likeness, and all associated intellectual property
• All trademarks, service marks, logos, trade names, and branding
• The Service design, layout, user interface, and user experience
• All software, code, and technical implementations underlying the Service

You may not use, reproduce, distribute, or create derivative works from our intellectual property without our express prior written permission.

Any feedback, suggestions, or ideas you provide regarding the Service may be used by Wake AI LLC without any obligation to compensate you.

12. Third-Party Services

Wake integrates with and depends on certain third-party services, including:

• Google Cloud — hosting, databases and storage
• Google Firebase Authentication — sign-in
• Google Gemini — analysis of videos, photos and conversations
• Garmin Connect — wearable data you choose to connect (Oura is coming soon)
• Apple Health — health data the app reads with your permission
• DocuSign — HIPAA authorizations you sign
• Apple TestFlight — distribution of the beta app

Your use of third-party services integrated with Wake is subject to those services' respective terms of service and privacy policies. Wake AI LLC is not responsible for the availability, accuracy, or privacy practices of any third-party services.

13. Privacy

Your use of Wake is governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, store, and protect your personal data, including biometric data and health information. By using the Service, you consent to the data practices described in our Privacy Policy.

14. Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAKE AI LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL
• ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
• ANY BODILY INJURY, DEATH, OR PHYSICAL HARM ARISING FROM YOUR USE OF THE SERVICE OR ANY PHYSICAL ACTIVITIES UNDERTAKEN IN CONNECTION WITH THE SERVICE
• ANY DAMAGES ARISING FROM AI-GENERATED CONTENT, ANALYSIS, OR RECOMMENDATIONS

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH ANY CLAIM IS BASED, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WAKE AI LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree to defend, indemnify, and hold harmless Wake AI LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Service
• Your violation of these Terms of Service
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any User Content you upload, submit, or transmit through the Service
• Any bodily injury, death, or physical harm to you or any third party arising from your use of the Service or physical activities undertaken in connection with the Service
• Your reliance on AI-generated content, analysis, or recommendations provided by the Service

16. Dispute Resolution

Informal Resolution

Before filing any formal claim or legal action, you must first contact us at legal@wakeai.app and provide a written description of the dispute. We will attempt to resolve the dispute informally within 30 days of receiving your notice. Both parties agree to negotiate in good faith during this period.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

Class Action Waiver

YOU AND WAKE AI LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Small Claims Exception

Notwithstanding the above, either party may bring qualifying individual claims in small claims court as an alternative to arbitration, so long as such claims remain in small claims court and are not removed or appealed to a court of general jurisdiction.

Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Opt-Out Right

You may opt out of the binding arbitration agreement by sending written notice to legal@wakeai.app within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.

17. Termination

Either party may terminate the account at any time for any reason:

• You may terminate your account at any time by emailing support@wakeai.app
• We may suspend or terminate your account immediately and without notice if we determine that you have violated these Terms or engaged in conduct harmful to the Service, other users, or Wake AI LLC

Upon termination of your account:

• Your right to access and use the Service ceases immediately
• We will delete your personal data as described in our Privacy Policy, except the records it says we keep

The following sections shall survive termination of these Terms: Section 5 (User Content & Data), Section 7 (Assumption of Risk), Section 9 (Biometric Data Consent), Section 11 (Intellectual Property), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution), and Section 19 (General Provisions).

18. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes, we will:

• Provide at least 30 days advance notice via email to the address associated with your account and/or via in-app notification
• Update the "Last updated" date at the top of these Terms

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service and may request deletion of your account by contacting support@wakeai.app.

19. General Provisions

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Wake AI LLC with respect to your use of the Service and supersede all prior agreements and understandings.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Wake AI LLC.

Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Wake AI LLC may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Force Majeure

Wake AI LLC shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, government action, or third-party service failures.

Notices

We may provide notices to you via email to the address associated with your account, via in-app notification, or by posting on the Service. You may provide notices to us by emailing legal@wakeai.app.

EU Consumer Protection

If you are a consumer located in the European Union, nothing in these Terms shall affect your statutory rights under applicable EU consumer protection law, including Directive 2011/83/EU on consumer rights. Any provisions of these Terms that are inconsistent with mandatory consumer protection laws in your jurisdiction shall not apply to the extent of such inconsistency.

20. Contact

If you have questions, concerns, or requests regarding these Terms of Service, please contact us through any of the following channels:

• Legal inquiries: legal@wakeai.app
• General support: support@wakeai.app
• Support center: wakeai.app/support
• Mailing address: Wake AI LLC, Delaware, United States