Terms and conditions of use and sale

App: Wakey Wakey (iOS) Document version: 1.0 Effective date: 21 August 2026

Language. These Terms are written in French. This English text is a translation provided for convenience; in the event of any discrepancy, the French version prevails. See article 15.


Article 1 — Purpose and acceptance

These terms and conditions (the "Terms") govern the use of the mobile app Wakey Wakey (the "App"), published by Romain Caille (the "Publisher"), a natural person acting in a non-professional capacity, reachable at hello@romain-caille.fr.

Downloading, installing or using the App constitutes full and unreserved acceptance of these Terms. If you do not accept them, do not install the App, or uninstall it.

These Terms supplement, without replacing, Apple's standard Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. In the event of any contradiction, whichever provisions are more protective of the user prevail.

Article 2 — Description of the service

The App is an iPhone alarm clock designed to prevent falling back asleep. It lets you schedule alarms that ring through Silent mode and Focus modes, and that can only be stopped for good by completing a mission:

  • Mental arithmetic — solve one or more operations;
  • Shake — shake the device until the required threshold is reached;
  • Memory — reproduce a sequence on a grid;
  • QR / barcode — scan a code defined in advance (the barcode on a cereal box kept in the kitchen, for instance).

2.1 Anti-snooze behaviour — please read carefully

The App is deliberately demanding. You expressly accept the following behaviour:

  • Any interruption of the alarm makes it return about ten seconds later, as often as necessary, until the mission has been completed. This applies whatever means you used: the stop slider, the device's side button, or force-quitting the App.
  • To achieve this, the App schedules a series of backup system alarms in advance, which it cancels as the mission progresses. These backup alarms are held by the operating system independently of whether the App is running.
  • The only reliable way to end the alarm is to complete the mission, or to disable or delete the alarm from within the App.

It is up to you to take this behaviour into account before scheduling an alarm in a setting where a repeating alarm could disturb you or others (public transport, workplace, hospital, a performance, and so on).

2.2 ⚠️ Safety warning — limits of the service

The App is not a safety device, not a medical device, and not a critical alerting system. It must not be used as the sole means of waking up where a failure to wake could have serious consequences — in particular for taking medication, for starting a safety-related shift (driving, healthcare, industry, transport), or for any other critical commitment.

Whether an alarm goes off depends on factors beyond the Publisher's control: the device's battery level or being switched off, airplane mode, hardware failure, an iOS update or malfunction, revoked system permissions, restrictions imposed by the operating system, volume settings, or connected audio accessories.

You are advised to set a second, independent alarm for any wake-up with something important riding on it.

2.3 Precautions

  • "Shake" mission: make sure you hold the device firmly and have a clear space around you. The Publisher cannot be held liable for damage caused to the device, to property or to people by an unsuitable movement.
  • Sound level: the App uses the system alarm sound, which can be loud. Avoid wearing earphones or headphones while the alarm is ringing.

Article 3 — Requirements

The App requires an iPhone running iOS 26.1 or later, together with the system permission to schedule alarms. The "QR / barcode" mission additionally requires a device with a camera and permission to access it.

The cost of the device, of its plan and of any connection remains yours. The Publisher does not warrant that the App is compatible with future versions of iOS before those versions are released and a corresponding update is published.

Article 4 — Licence

The Publisher grants you a personal, non-exclusive, non-transferable, non-sublicensable and revocable right to use the App, for your own non-commercial purposes, on the devices linked to your Apple Account, in accordance with the App Store usage rules.

This licence entails no transfer of ownership: the App is licensed, not sold.

Article 5 — Prohibited uses

You must not, in particular:

  1. decompile, disassemble or reverse-engineer the App, except in the interoperability cases expressly permitted by article L. 122-6-1 of the French Intellectual Property Code;
  2. copy, distribute, rent, lend, resell or otherwise make the App available;
  3. modify, alter or circumvent the way it works, in particular the mechanisms described in article 2.1;
  4. use the App on a device whose system protections have been bypassed (jailbreak);
  5. use the App for unlawful purposes, or in a way liable to harm a third party.

Article 6 — Availability, updates and changes

The App is provided "as is". The Publisher makes no commitment as to continuity of service and reserves the right, at any time and without compensation:

  • to change, modify, suspend or remove all or part of its features;
  • to stop publishing the App on the App Store, in which case already installed versions remain usable for as long as the operating system allows.

Updates are distributed through the App Store. Some may become necessary for the App to work properly, in particular following an iOS update.

Article 7 — Personal data

The App collects no personal data and has no network connection. All the information you enter stays on your device. See the Privacy policy.

Article 8 — Price — Currently free, with possible change

8.1 Free as of today

As of the effective date of these Terms, the App is offered free of charge, with all its features. It contains no in-app purchases, no subscription and no advertising.

8.2 Express reservation of the right to move to a paid model

The Publisher expressly reserves the right to make the App paid, in whole or in part, at any time and without having to justify doing so. Such a change could take the form of, in particular:

  • a purchase price for the App on the App Store;
  • one or more in-app purchases, one-off or by subscription;
  • a free version with limited features alongside a paid version;
  • reserving features added later to paid offerings only.

The fact that the App is free at a given moment is neither an acquired right, nor a commitment to remain free forever, nor a promise that future versions will be free.

8.3 Guarantees applying to any pricing change

Should that happen, the Publisher undertakes to observe the following principles:

  1. Advance notice. A move to a paid model will be announced within the App and through an update to these Terms, with an effective date later than the announcement.
  2. No retroactive effect. A version already downloaded will never become paid after the fact: no payment may be demanded of you to keep using the version installed on your device, which remains usable under the conditions of article 6.
  3. No charge without consent. No amount may be charged without your express agreement, given at the time of a purchase made through your Apple Account.
  4. Existing entitlements preserved. Any feature already acquired for a fee remains yours under the terms of the purchase you made.

8.4 Refusing new terms

If you do not accept the pricing terms of a future version, you simply need not install that update, or you may uninstall the App. Uninstalling is the only way to terminate these Terms and gives rise to no compensation.

Article 9 — Conditions of sale (applicable to paid features)

This article applies only from the moment a paid feature, as contemplated in article 8, is actually introduced.

9.1 Apple as reseller

App purchases and in-app purchases on iOS are made exclusively from Apple, acting as reseller on the Publisher's behalf. The contract of sale is concluded between you and Apple Distribution International Ltd. (Hogan Place, Dublin 2, Ireland) and governed by the Apple Media Services terms: https://www.apple.com/legal/internet-services/itunes/.

The Publisher has access neither to your payment methods, nor to your banking details, nor to the identity of purchasers.

9.2 Prices and taxes

Prices are shown inclusive of all taxes, in euros, on the App's App Store page. They include VAT at the applicable rate, collected and remitted by Apple. The applicable price is the one displayed when the purchase is confirmed.

9.3 Delivery

Access to the paid feature is immediate once Apple confirms the purchase.

9.4 Right of withdrawal

For digital content supplied immediately and without a physical medium, the fourteen-day right of withdrawal provided for in article L. 221-18 of the French Consumer Code no longer applies once performance has begun with your prior express agreement and you have acknowledged losing that right (article L. 221-28, 13° of the same code). Confirming the purchase constitutes that agreement and that waiver.

Apple also applies its own cancellation policy, which is often more favourable: see article 9.5.

9.5 Refunds and complaints

Any refund request must be addressed directly to Apple, through https://reportaproblem.apple.com. The Publisher is not in a position to issue a refund.

For any other problem (a bug, a feature not working), write to the Publisher: see Help and support.

9.6 Subscriptions

If a subscription is offered, its duration, price and renewal terms are displayed before purchase. Renewal is automatic unless cancelled at least 24 hours before the end of the current period. Management and cancellation happen in Settings ▸ [your name] ▸ Subscriptions, not with the Publisher.

9.7 Statutory guarantee of conformity

As a consumer, you benefit from the statutory guarantee of conformity for digital content and services (articles L. 224-25-1 et seq. of the French Consumer Code), as well as the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code). These guarantees are enforced against the professional who supplied the digital content. Nothing in these Terms may set them aside.

Article 10 — Liability

The Publisher takes reasonable steps to provide a working App, without being able to warrant that it will be free of faults or available without interruption.

To the extent permitted by law, the Publisher cannot be held liable for:

  • a failure to wake, whatever the cause, and the direct or indirect consequences arising from it (lateness, lost opportunity, professional harm, and so on) — the user having been expressly warned in article 2.2;
  • damage resulting from the anti-snooze behaviour described in article 2.1, of which the user has been informed and which they accept by scheduling an alarm;
  • malfunctions attributable to the device, to the operating system, to a user setting or to third-party software;
  • damage caused to the device or to third parties during the "Shake" mission.

Nothing in these Terms limits the Publisher's liability in the event of wilful misconduct, gross negligence or personal injury, nor in any other case where the law forbids it. You remain responsible for the use you make of the App and for the appropriateness of the alarms you schedule.

Article 11 — Apple's role

Apple is not a party to these Terms and has no obligation to provide support or maintenance for the App. Apple and its subsidiaries are, however, third-party beneficiaries of these Terms and may enforce them against you.

If the App fails to conform to an applicable warranty, you may notify Apple, who may refund any purchase price; to the extent permitted by law, Apple has no other warranty obligation.

Article 12 — Intellectual property

The App, its code, its interface, its name and its visual identity — including the "crescendo" logo — remain the exclusive property of the Publisher and are protected by the French Intellectual Property Code. Any reproduction, representation, adaptation or exploitation, in whole or in part, without the Publisher's prior written authorisation is prohibited.

The name "Wakey Wakey" and the associated logo are not the subject of any trademark filing to date.

Third-party elements. The interface symbols come from Apple Inc.'s SF Symbols library, used in accordance with the Apple licence accompanying them. The system frameworks (AlarmKit, VisionKit, CoreMotion, SwiftUI, WidgetKit) are the property of Apple Inc.

Article 13 — Changes to these Terms

The Publisher may amend these Terms at any time, in particular to reflect legal, technical or pricing changes. The applicable version is the one published at this address on the date the App is used. Any substantial change — in particular under article 8 — is signalled within the App. Continuing to use the App after the effective date constitutes acceptance.

Article 14 — Duration and termination

These Terms apply for as long as you use the App. You may end them at any time by uninstalling the App. The Publisher may end them in the event of a serious breach on your part of articles 5 or 12.

Article 15 — Miscellaneous

Partial invalidity. If a provision is held void or unenforceable, the others remain in full effect.

No waiver. The Publisher's failure to rely on a provision does not constitute a waiver of the right to rely on it later.

Force majeure. The Publisher is not liable for a failure caused by an event of force majeure within the meaning of article 1218 of the French Civil Code.

Language. These Terms are written in French; in the event of translation, the French version prevails.

Article 16 — Governing law and dispute resolution

These Terms are governed by French law.

In the event of a dispute, first send a complaint to the Publisher: hello@romain-caille.fr. The Publisher endeavours to respond within 30 days.

Failing an amicable solution, and if the Publisher is acting in a professional capacity, the consumer may refer the matter free of charge to a consumer ombudsman (articles L. 611-1 et seq. of the French Consumer Code):

Not applicable to date: the App is free and the Publisher is not acting in a professional capacity. A consumer ombudsman will be appointed and named here on the day the App becomes paid.

Failing agreement, the dispute may be brought before the competent courts. A consumer may choose to bring proceedings either where they are domiciled or where the Publisher is based.


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