Terms

Welcome to these Terms of Use (the “Terms”). These Terms are a contract between you and Make It Count Ltd, a company registered in the Republic of Cyprus under number HE 449923 (“we”, “our” or “us”), or any entity that acquires the App and assumes these Terms as described under “Assignment and change of control” below. You can reach us at any time at [email protected].

These Terms govern your use of the Alarmify application (the “App”) and the related services we provide (together, the “Service”). By downloading, accessing or using the App, you accept these Terms. If you do not agree with them, please stop using the App.

The App is not intended for children under 16. If you are under 16, please do not use the App.

Relationship with Apple’s licence agreement

The App is distributed through the Apple App Store and the licence to use it is granted under Apple’s Licensed Application End User License Agreement (the “Apple EULA”), available at apple.com/legal/internet-services/itunes/dev/stdeula.

These Terms are additional to the Apple EULA and cover the matters the Apple EULA does not, such as your account, your subscription, the music services you connect, and how the alarm behaves. If there is any conflict between these Terms and the Apple EULA in relation to the licence to use the App, the Apple EULA prevails. Apple is not a party to these Terms and is not responsible for the Service.

What the App does

The App is an alarm clock that can wake you with music. Depending on your device, your operating system version and your subscription, it can play short audio clips, full tracks from a music service you connect, and audio from our own sound library.

We may add, change or remove features over time, and some features depend on the version of iOS you are running.

Music services you connect

You can connect a Spotify or an Apple Music account. Those services are provided by third parties, you need your own account with them, and your relationship with them is governed by their own terms and privacy policies. A paid subscription with them may be required for some features.

When you connect a Spotify account, you authorise the App to request the following permissions from Spotify so that it can show you your music and play it at the time you set: read your playback state and what is currently playing, control playback on your devices, stream content, read your private and collaborative playlists, your saved library, your top items and the artists you follow. You can withdraw that authorisation at any time by disconnecting the account in the App or in your Spotify account settings. What we do with the data we receive is described in our Privacy Policy.

We are not affiliated with, sponsored by or endorsed by Spotify or Apple. Their names, logos and trade marks belong to them.

Your licence to use the App

We grant you a personal, revocable, non-exclusive and non-transferable licence to install and use the App on a device you own or control, for your own non-commercial use.

You agree not to: create derivative works from the App or commercially exploit it; use, sell, modify or distribute it other than as its functionality allows; copy, sub-license, share or resell the App or the Service; access the Service by automated means; or interfere with the security or the normal operation of the App, our systems or the systems of the third parties the App connects to.

We reserve all rights not expressly granted to you. This licence terminates automatically if you breach these restrictions.

Subscriptions and payments

Some features require a paid subscription. We may also offer a one-time purchase that grants access without a recurring charge.

• Before you buy, the App shows you the product, the price, the length of the billing period, whether a free trial applies and whether the subscription renews automatically. Those details, and any promotional price, are the ones that apply to your purchase.
• Free trial. If a free trial is offered, its length is shown before you start it. Unless you cancel before it ends, the trial converts automatically into a paid subscription and the price shown is charged.
• Apple processes the payment. Purchases are made through your Apple Account. Apple is the merchant of record. We never receive your card details.
• Automatic renewal. Subscriptions renew automatically for the same period at the then current price unless you cancel at least 24 hours before the end of the current period.
• How to cancel. You cancel from the subscription settings of your Apple Account, not from inside the App. Cancelling stops the next renewal; you keep access until the end of the period you have already paid for.
• Refunds. Refunds for App Store purchases are handled by Apple under its own policies. You can request one at reportaproblem.apple.com. We can help you with the request, but we cannot issue the refund ourselves.
• Right of withdrawal. If you are a consumer in the European Union or the United Kingdom, you have a statutory right to withdraw from a purchase of digital content within 14 days, unless you expressly consented to immediate performance and acknowledged that you lose that right. Because Apple is the seller of record, that right is exercised through Apple.
• Price changes. If we change the price of a subscription, the new price applies from the following renewal and Apple will notify you in advance. If you do not accept it, you can cancel before the renewal takes effect.
• One-time purchases. Where a one-time purchase is offered, it gives access to the features described at the time of purchase for as long as we provide the App, and does not include features we may launch as separate products.

Alarm reliability

Please read this section carefully, because it describes the main limitation of any alarm application.

The App plays your alarm through your device and, in some cases, through a third-party music service. Whether an alarm sounds, and how it sounds, depends on factors that are outside our control: the device itself and its battery, the version and settings of the operating system, the permissions you have granted, silent or focus modes, available storage, network connectivity, and the availability of the music service you connected.

Where the operating system allows it, the App schedules a local backup tone that does not depend on the network, so that an alarm can still sound if streaming fails. Even so, you should not rely on the App as your only means of waking up when failing to wake up would have significant consequences, for example a flight, an examination, a medical treatment or a work shift. For those situations, keep a second, independent alarm.

To the extent permitted by law, we are not liable for the consequences of an alarm that does not sound, sounds late or sounds differently than expected.

Availability, changes and termination

We may update, change, suspend or discontinue the App or any of its features. Where a change is significant and affects a subscription you have already paid for, we will give you notice and, where the law requires it, the option to cancel and receive the corresponding refund through Apple.

You can stop using the App at any time and delete your account from the App’s settings.

We may suspend or terminate your access if you breach these Terms, if we are required to do so by law, or if continuing to provide the Service to you would expose us or third parties to harm. Unless the termination is due to your breach, we will not withhold a period you have already paid for.

Your content

The App does not host content you publish and does not make anything you send available to other users. If you send us files or screenshots when you contact support, we use them only to answer you, as described in our Privacy Policy.

Intellectual property

The App, its code, its design, our sound library and our trade marks belong to us or to our licensors, and nothing in these Terms transfers any of those rights to you. Trade marks of third parties belong to their respective owners.

Privacy

How we collect and use personal data is explained in our Privacy Policy, which forms part of your agreement with us. We do not repeat its content here, so that the two documents cannot drift apart.

Warranties and liability

We provide the Service with reasonable care and skill, but, to the extent permitted by law, we provide it “as is” and we do not warrant that it will be uninterrupted or error free.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded or limited under the law that applies to you. If you are a consumer, you keep all the rights that the mandatory consumer law of your country of residence gives you, and nothing in this section reduces them.

Subject to the paragraph above, we are not liable for indirect or consequential loss, and our total liability in connection with the Service is limited to the amount you paid us, or paid through the App Store for the App, in the twelve months before the event that gave rise to the claim.

Indemnity

If your use of the App in breach of these Terms causes a third party to bring a claim against us, you agree to be responsible for the reasonable costs and damages that result from that breach. This does not apply to the extent the claim is caused by us, and it does not apply to consumers beyond what the applicable law allows.

Assignment and change of control

We may assign, transfer or novate these Terms, in whole or in part, together with the related rights and obligations, to an affiliate or to any third party in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets or of the App, without your prior consent, provided that the assignee assumes our obligations under these Terms. We will tell you when that happens, in the App or by other reasonable means. You may not assign or transfer these Terms or any rights under them without our prior written consent.

Governing law and disputes

These Terms are governed by the laws of the Republic of Cyprus, excluding its conflict-of-laws rules. If you are a consumer resident in the European Union or the United Kingdom, this choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence.

The courts of the Republic of Cyprus have jurisdiction over any dispute arising out of these Terms, without prejudice to your right, as a consumer, to bring proceedings in the courts of your country of residence. Nothing in these Terms limits your right to use any consumer dispute resolution mechanism available to you.

Changes to these Terms

We may update these Terms. When we do, we will change the “last updated” date at the top of this page and, if the change is significant, we will give you reasonable notice in the App before it takes effect. If you keep using the App after a change takes effect, the updated Terms apply to you. If you do not accept them, you can stop using the App and cancel your subscription.

Previous versions are available on request at [email protected].

Other terms

These Terms, together with the Privacy Policy and the Apple EULA, are the entire agreement between you and us about the App. If a provision is found to be invalid or unenforceable, the rest remains in force. If we do not enforce a right, we do not waive it. We are not liable for a failure to perform caused by events beyond our reasonable control. We may send you notices in the App or to the email address associated with your account.

These Terms are published in several languages. In the event of a discrepancy, the English version prevails.

Contact us

If you have any question about the Service, these Terms, or if you want a previous version of this document, write to [email protected].