Terms of Service

Published: 04.01.2026 Version: 2025-01 EN

Terms of Service

Effective Date: January 2025
Version: 2025-01

1. Acceptance of Terms

By accessing or using Wakeuper ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Wakeuper is a cloud-based file delivery automation service that enables users to:

  • Upload files to monitored folders
  • Automatically send files via email based on configured schedules
  • Manage email delivery configurations
  • Monitor file delivery status and history

3. User Accounts and Registration

3.1 Account Creation

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must be at least 18 years old or have parental/guardian consent to use the Service

3.2 Account Types

The Service offers different account types (Free, Starter, Pro, Unlimited) with varying features and limitations as described on our website.

3.3 Account Security

  • You are solely responsible for all activities under your account
  • Notify us immediately of any unauthorized use of your account
  • We are not liable for any loss or damage from unauthorized account access

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. You must NOT:

  • Upload, transmit, or distribute illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Distribute malware, viruses, or harmful code
  • Attempt to gain unauthorized access to our systems
  • Use the Service to send spam or unsolicited bulk email
  • Interfere with or disrupt the Service or servers
  • Impersonate any person or entity

5. Content and Intellectual Property

5.1 Your Content

  • You retain ownership of files and content you upload ("Your Content")
  • You grant us a limited license to store, process, and transmit Your Content solely to provide the Service
  • You are solely responsible for Your Content and any consequences of uploading or transmitting it

5.2 Our Intellectual Property

  • The Service, including software, design, trademarks, and content, is owned by Wakeuper and protected by intellectual property laws
  • You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission

5.3 Content Responsibility

  • We do NOT monitor, review, or control user-uploaded content
  • We are NOT responsible for the accuracy, legality, or appropriateness of Your Content
  • We reserve the right (but have no obligation) to remove content that violates these Terms

6. Service Availability and Modifications

6.1 "As Is" and "As Available"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

  • We do not guarantee uninterrupted, error-free, or secure operation
  • We may modify, suspend, or discontinue any aspect of the Service at any time
  • We may perform scheduled or emergency maintenance with or without notice

6.2 Service Changes

  • We reserve the right to modify features, pricing, or terms at any time
  • Continued use after changes constitutes acceptance of modified terms
  • Material changes will be communicated via email or in-app notifications

7. Fees, Payment, and Refunds

7.1 Pricing

  • Free plans include limited features as described on our website
  • Paid plans require subscription fees charged monthly or annually
  • All fees are subject to applicable taxes

7.2 Billing

  • You authorize us to charge your payment method for applicable fees
  • You are responsible for providing accurate billing information
  • Failure to pay may result in service suspension or termination

7.3 Refund Policy

  • Refund requests are accepted within 7 (seven) days of the initial purchase
  • After 7 days, subscriptions are non-refundable
  • Refunds are processed to the original payment method
  • Refund processing may take 5-10 business days depending on your payment provider
  • Partial-month refunds are not provided for cancellations after the refund period
  • Refunds are not available for:
    • Accounts terminated for Terms violations
    • Accounts with evidence of abuse or fraud
    • Repeat refund requests (more than one per year)
  • Consumer protection laws in your jurisdiction may provide additional rights

7.4 Price Changes

  • We may change pricing with 30 days' notice
  • Existing subscribers will be notified before price changes affect their subscription
  • You may cancel before the new pricing takes effect

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

8.1 No Warranties

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY
  • SECURITY OF DATA TRANSMISSION

8.2 Limitation of Damages

WE SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Service interruptions, errors, or security breaches
  • Content uploaded by users
  • Third-party actions or services
  • Failures caused by your internet connection, email providers, or other third-party services

8.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid us in the 12 months preceding the claim, OR
  • €100 (one hundred euros)

8.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Wakeuper, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your Content
  • Your use of the Service in connection with email delivery to third parties

10. Data Processing and Privacy

10.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

10.2 Data Processing

  • We process your data as a data processor to provide the Service
  • You are responsible for ensuring your use complies with applicable data protection laws
  • We implement reasonable security measures but cannot guarantee absolute security

10.3 Data Retention

  • We retain your data as long as your account is active or as needed to provide services
  • Upon account deletion, we will delete or anonymize your data within 90 days, except as required by law

11. Termination

11.1 Your Right to Terminate

  • You may terminate your account at any time through account settings
  • Termination does not entitle you to refunds outside the 7-day refund period

11.2 Our Right to Terminate

We may suspend or terminate your account immediately if:

  • You violate these Terms or Acceptable Use Policy
  • Your account poses security or legal risks
  • You fail to pay applicable fees
  • We are required to do so by law

11.3 Effect of Termination

  • Upon termination, your right to use the Service ceases immediately
  • We may delete your data after a reasonable grace period (typically 30 days)
  • Provisions that by their nature should survive will remain in effect

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the jurisdiction where the Service Operator is registered, without regard to conflict of law principles.

12.2 Dispute Resolution

  • Any disputes shall first be attempted to be resolved through good-faith negotiations
  • If negotiations fail within 30 days, disputes may be subject to binding arbitration or the jurisdiction of competent courts
  • Consumer users may have additional rights under consumer protection laws in their jurisdiction

12.3 Class Action Waiver

To the extent permitted by applicable law, you agree to resolve disputes individually and waive any right to participate in class actions.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Wakeuper.

13.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

13.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

13.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

13.5 Force Majeure

We are not liable for failures caused by events beyond our reasonable control (natural disasters, wars, pandemics, infrastructure failures, government actions, etc.).

13.6 Notices

We may send notices via email to your registered address or through in-app notifications. You may send notices to support@wakeuper.com.

14. Contact Information

Service Operator:
Wakeuper
Email: support@wakeuper.com
Website: https://wakeuper.com

For legal inquiries: legal@wakeuper.com

15. Language

These Terms are provided in multiple languages for convenience. In case of conflicts between translated versions, the English version shall prevail, except where local law requires otherwise.

Last Updated: January 2025
Version: 2025-01

By using Wakeuper, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.