Terms of Service

Last updated: March 2, 2026

Important: By using Wake, you agree to these terms. Please read them carefully, especially the sections on health disclaimers, biometric data consent, and dispute resolution.

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.

2. Description of Service

Wake is a health and fitness platform that provides a comprehensive suite of wellness tools and features, including:

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:

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

4. Subscription & Payment

Premium features of Wake require a paid subscription. The following terms govern all subscription arrangements:

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:

6. Health & Wellness Disclaimers

Important Health Notice: Wake is a wellness and fitness tool, not a medical device. Wake is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided by Wake should not be considered medical advice.

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

7. Assumption of Risk

Physical Activity Warning: Use of Wake involves physical activity that carries inherent risks of injury.

YOU ACKNOWLEDGE AND AGREE THAT:

8. Intelligent Features

Wake uses intelligent systems throughout the Service, including:

You acknowledge that:

9. Biometric Data Consent (BIPA)

Illinois Residents — Biometric Information Notice: Wake collects biometric identifiers and biometric information as defined under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq.

When you upload video content for analysis, Wake processes body geometry, 3D body mesh data, and pose estimation keypoints, which may constitute biometric identifiers under applicable law. The following terms govern our collection and use of biometric data:

Purpose of Collection

Biometric data is collected for the sole purpose of providing movement analysis, body composition estimation, and fitness tracking services as described in Section 2.

Retention Schedule

Biometric data is retained for a maximum of three (3) years from the date of your last interaction with the Service, or upon account deletion, whichever occurs sooner. After this period, biometric data is permanently and irreversibly destroyed.

No Sale or Profit

Wake AI LLC will not sell, lease, trade, or otherwise profit from your biometric data. Biometric data will never be monetized independently of the Service.

No Unauthorized Disclosure

Biometric data is not disclosed to third parties without your explicit consent, except as required by applicable law or as strictly necessary for service operation, subject to contractual data protection obligations.

Your Consent

By uploading video content to Wake, you provide your informed written consent to the collection, storage, and use of your biometric data as described in these Terms and our Privacy Policy.

Revocation of Consent

You may revoke your consent to biometric data collection at any time by emailing legal@wakeai.app. Revocation will result in deletion of your biometric data within 30 days. Please note that revocation of biometric data consent may limit or eliminate certain Service functionality.

Security of Biometric Data

Biometric data is protected using AES-256 encryption at rest and TLS 1.3 encryption in transit, consistent with the reasonable standard of care for protecting other confidential and sensitive information.

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:

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:

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 to provide its functionality, including:

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:

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:

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:

Upon termination of your account:

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:

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:

Questions? We're committed to transparency. If anything in these Terms is unclear, please reach out to legal@wakeai.app and we'll explain it in plain language.