Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the RiseUp mobile application (the "App") provided by RiseUp ("we," "us," or "our"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. Description of the App

RiseUp is an alarm clock application designed to help users wake up by requiring them to complete challenges before the alarm can be dismissed. Features include:

• Configurable alarm scheduling with customizable sounds and repeat days.
• Wake-up challenges including object scanning (camera-based), math problems, phone shaking, step counting, and phrase typing.
• Morning routine builder with guided post-alarm activities.
• Streak tracking and progress monitoring.

3. Eligibility

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

4. User Account

Certain features of the App may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to update your information as necessary. You must notify us immediately of any unauthorized use of your account.

5. Alarm Functionality and Disclaimer

You acknowledge and agree to the following regarding alarm functionality:

• RiseUp is designed to assist you in waking up, but we do not guarantee that the alarm will sound in all circumstances. System conditions including but not limited to low battery, device power-off, Do Not Disturb mode, operating system restrictions, or software updates may affect alarm delivery.
• You are solely responsible for ensuring that your device is properly configured to allow the App to function, including enabling notifications, granting necessary permissions, and maintaining sufficient battery charge.
• RiseUp is not a safety-critical application. Do not rely on RiseUp as your sole alarm for situations where failure to wake could result in harm, injury, or significant loss (such as medical appointments, emergency responses, or safety-sensitive employment).
• We are not liable for any damages, losses, or consequences resulting from a missed alarm, including but not limited to missed appointments, late arrivals, or employment consequences.
• Challenge difficulty and types are configurable by the user. We are not responsible for challenges being too easy or too difficult for individual users.

6. Camera and Device Permissions

The App may request access to certain device features to enable specific functionality:

• Camera: Required for Object Scanning challenges only. Images are processed on-device and are not stored or transmitted.
• Notifications: Required for alarm delivery. Without notification permissions, the App cannot function as intended.
• Motion Sensors: Required for shake and step-based challenges. Motion data is processed on-device only.

You may revoke any permission at any time through your device settings. However, revoking certain permissions (such as notifications) will affect the core functionality of the App. We will not request permissions that are not necessary for the App’s stated features.

7. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App.
• Attempt to circumvent, disable, or interfere with the App’s challenge verification mechanisms or security features.
• Use automated systems, bots, or scripts to interact with the App.
• Distribute, sublicense, or otherwise make the App available to third parties except as permitted by the applicable app store terms.
• Use the App in any manner that could damage, disable, overburden, or impair our servers or infrastructure.

8. Intellectual Property

The App, including all content, features, functionality, design, graphics, trademarks, and code, is owned by RiseUp and is protected by copyright, trademark, and other intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of the App, nor may you reverse engineer or attempt to extract the source code of the App, unless applicable law permits such activity or you have our written consent.

9. In-App Purchases and Subscriptions

The App may offer premium features through in-app purchases or subscriptions. All purchases are processed through the Apple App Store and are subject to Apple’s terms and conditions. Subscription terms, pricing, and renewal periods will be clearly displayed before purchase.

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You may manage subscriptions and cancel auto-renewal through your Apple ID account settings. Refund requests are handled by Apple in accordance with their refund policy.

10. Third-Party Services

The App may integrate with or contain links to third-party services, including analytics providers and app store platforms. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

11. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTY REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, OR PERFORMANCE OF THE APP, INCLUDING THE RELIABILITY OF ALARM DELIVERY OR CHALLENGE FUNCTIONALITY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RISEUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the App.
• Any failure of the alarm to sound or function as expected.
• Any missed wake-up, appointment, or obligation.
• Unauthorized access to or alteration of your data.
• Any conduct or content of any third party in connection with the App.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless RiseUp and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the App, your violation of these Terms, or your violation of any rights of any third party.

14. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App will immediately cease. You may terminate your use of the App at any time by deleting the App from your device and, if applicable, deleting your account.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App and updating the Effective Date. Your continued use of the App after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of such courts.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RiseUp regarding the use of the App, and supersede any prior agreements or understandings, whether written or oral.

19. Contact Us

If you have any questions about these Terms, please contact us at:

RiseUp App
Email: support@riseupalarm.app