Terms of Service
Acceptance of Terms
Our terms of service ("Terms") cover the use of all of our applications and services on all platforms ("Services"), and are applicable to all users of our Services. When we say, "we," "our," or "us," we’re referring to Wake, Inc., a California corporation, our employees, directors, officers, affiliates, and subsidiaries. When we say, "you" or "your," we’re referring to you, your team, company or persons that have registered with us to use Wake.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to the Terms. If you do not have this authority, or if you do not agree with these Terms, you may not use the Service.
Privacy and Security
Your Data Rights and Related Responsibilities
We do not claim ownership of any intellectual property rights to any of the content or material you upload to Wake. However, we require that you grant us the rights to transmit, store and copy your data in order to display it to you and your teammates. This includes the ability for your entire team to search, tag, discuss and other actions needed to operate the service. This permission also includes allowing Wake to use third-party services such as Google Compute Engine or Slack in the operation of the service. The rights are extended to these third-party services.
You are responsible for your own conduct and and the content or material you upload to Wake while using the service.
Our Services allow you to download client software which may update automatically.
We respect the intellectual property and require our users to this as well. We will respond to any notices of alleged copyright infringement if they comply with the law, and we will take action if needed.
Paid Accounts and Payment
Billing: We automatically bill you from the date you convert to a Paid Account and periodically until cancellation. We'll charge tax when required to do so.
Refunds: You may cancel your account at any time but we do not issue refunds.
Downgrades: Your account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.
You may stop using our Services at any time. Additionally, we reserve the right to suspend or end your Services at any time at our discretion and without notice. This includes the right to suspend or terminate your use of Wake if you don't comply with these Terms, or if you use the Services in a way that would cause us legal liability, disrupt the Services or affect others' use of the Services.
Only persons age 13 or older have permission to access our Service, and we do not knowingly collect personally identifiable information from children under 13. In case you believe that any children may have provided us with personal Information, please let us know.
Limitation of Liability
In no event shall Wake, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Resolving Disputes and Controlling Law
Furthermore, U.S. residents may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. This mandatory arbitration disallows any class arbitrations, class actions, any consolidation with other arbitrations, as well as private attorney general actions.
Waiver, Severability & Assignment
You and Wake agree that these Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision is not a waiver of our right to do so later. If one or more provisions is deemed unenforceable, all the remaining provisions of the Terms will remain fully in effect and an enforceable term will be substituted reflecting our intent as closely as possible. None of your rights may be assigned under these Terms, and furthermore any such attempt will be void. Wake may also assign its rights to any of our affiliates, subsidiaries, or businesses associated with the Services.
Modifications to These Terms
These Terms may be revised from time to time, and the latest version will always be available on our website. You agree to be bound by the revised Terms by continuing to use or access the Services after the revisions come into effect.
Questions about the terms of service should be sent to firstname.lastname@example.org.