Terms of Service
Last updated: November 3, 2025
These Terms govern access to and use of Sunup's website, store, mobile applications, hardware, and services. By using the Services, you agree to these Terms.
Nothing in these Terms affects rights you may have under applicable consumer protection laws.
1. Eligibility & Accounts
You must be of legal age in your jurisdiction to use our Services or make a purchase. Parents and guardians remain responsible if minors use the platform. You must provide accurate, current account and payment information.
2. Scope of Services
Services include: the website and store, mobile apps (iOS and Android), physical products (the Sunup NFC block), and future subscriptions or accessories.
3. App License & Device Requirements
Sunup grants you a limited, non-exclusive, non-transferable license to install and use our app on a device you own for personal use only. You must maintain proper device settings, notifications, permissions, battery, OS updates, for alarms to function properly.
4. Important Disclaimer. Not a Medical or Safety Device
Sunup is a behavior-change and alarm aid, not a medical device and not a system for emergency or life/safety purposes. It is not intended to diagnose, treat, cure, or prevent any condition. You must maintain backup alarms for critical obligations.
5. Missed Alarms & Consequential Losses
We do not guarantee that any alarm will trigger, sound, or wake you in every circumstance. Device settings, OS behavior, battery, and network conditions affect performance. Sunup is not liable for missed classes, appointments, wage loss, job termination, or other consequences resulting from missed alarms.
6. Orders, Shipping & Risk of Loss
Sunup may limit or cancel orders (e.g., suspected fraud, bulk orders). Title and risk transfer to the carrier upon delivery, except where prohibited by law.
7. Returns & Refunds
Returns and refunds are governed by our separate Refund & Returns Policy , incorporated by reference.
8. Subscriptions, Trials & Billing
Some features may offer auto-renewing subscriptions with displayed pricing and terms before purchase. For App Store / Apple ID purchases, Apple handles billing, trials, renewals, and refunds. You must cancel at least 24 hours before renewal to avoid auto-renewal. Pricing and features may change with advance notice.
9. Hardware Use & Care
Hardware should be used as instructed. Avoid extreme temperatures, liquids, strong magnetic fields, or misuse. Sunup is not responsible for damage from improper use or unauthorized modifications.
10. User Content & Feedback
If you submit ideas, reviews, user-generated content, or feedback, you grant Sunup a worldwide, royalty-free, perpetual license to use and modify submissions for operating and promoting the Services without compensation.
11. Acceptable Use
You may not:
- Violate laws.
- Infringe IP or privacy rights.
- Post malware or spam.
- Scrape or reverse engineer.
- Bypass security.
- Misrepresent your identity.
12. Third-Party Services & Links
Services may link to third-party platforms. Sunup is not responsible for third-party content, terms, or practices.
13. Intellectual Property
Services and content are protected by intellectual property rights. Except for the limited app license, no rights are granted. You may not use Sunup's trademarks without written consent.
14. Beta or Experimental Features
Beta features are provided as-is, may be unstable, and can be modified or discontinued at any time.
15. Disclaimers
The Services (including the app, hardware, and any content or coaching insights) are provided "as is" and "as available" without warranties, including merchantability, fitness, title, or non-infringement. Alarm success and results are not guaranteed.
16. Limitation of Liability
To the maximum extent permitted by law, Sunup will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages. Aggregate liability caps at the greater of: (a) amounts paid in the prior 6 months, or (b) $100 USD / $135 CAD. This does not exclude liability for fraud, gross negligence, or death/personal injury caused by negligence.
17. Indemnity
You indemnify Sunup from claims arising from your breach of these Terms or misuse of the Services, except where caused by Sunup's negligence or legal breach.
18. Suspension & Termination
Sunup may suspend or terminate access for Terms violations or legal requirements.
19. Changes to Services or Terms
Sunup may update Services and Terms. Material changes will be accompanied by notice with an updated "Last updated" date. Continued use accepts the revised Terms.
20. Privacy
Your use of the Services is governed by our Privacy Policy, incorporated by reference.
21. Governing Law & Venue
For Québec consumers: governed by Québec and Canadian law, exclusive venue in Québec courts (Montréal district). For all others: governed by Ontario law, jurisdiction in Toronto courts. Local consumer law requirements override where applicable.
22. Contact
Questions: morning@sunupapp.co.
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