These Terms of Service (the “Terms”) are a legal agreement between you and Chordio, Inc. (“Chordio”, “we”, “us”). They govern your download and use of the Wakey application for macOS (the “App”), any purchase of a license key for it, the website at https://wakey.ai (the “Site”), the update feed the App checks, and any support we provide (together, the “Service”).
By buying, downloading, installing or using the App, or by using the Site, you agree to these Terms. If you do not agree, do not use the Service. If you are using the App on behalf of a company or another legal entity, you represent that you have authority to bind it, and “you” means that entity as well as you.
Please read section 12 (Disclaimer of warranties), section 13 (Limitation of liability) and section 16 (Dispute resolution and arbitration). They limit our liability and, unless you opt out within 30 days, require most disputes to be resolved by individual binding arbitration rather than in court or by a class action.
1. What Wakey does
Wakey is a menu-bar app that tidies a Mac. On your instruction, or on a daily schedule you set, it closes browser tabs, quits running apps, moves files off the Desktop, hides desktop widgets, and, in a full clean, changes Dock pins, the wallpaper and login items. It records what it changed in a local “restore parcel” so that a Restore can put things back. The App runs entirely on your Mac. It does not upload your files, tabs or settings anywhere.
The App is designed to park rather than destroy: Desktop files are moved to a folder under your user Library, not trashed; tabs are written to the parcel before they are closed; apps are asked to quit and are left alone if they show a save dialog. Section 12 explains what this does and does not guarantee.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live if that is higher, and able to enter into a binding contract, to buy or use the App.
3. Free download, free trial and the one-time purchase
The App is free to download and install. Restore, Stats, Settings and access to your own data are free for as long as you use the App. Cleaning, meaning Quick clean, Deep clean, Minimize all windows and the scheduled daily scan (together, the “Cleaning Features”), is free for a free trial of seven clean-up days, counted as distinct days on which a clean completed. After that the Cleaning Features require a one-time purchase of a license key. The purchase is not a subscription, and there are no recurring charges. We may change the length of the trial or which features it covers for future downloads; a purchase already completed is not affected.
Checkout is handled by Polar Software Inc. (“Polar”), which acts as the merchant of record. That means Polar is the seller of the transaction for payment, tax and invoicing purposes: Polar collects your payment, charges and remits any applicable sales tax or VAT, issues your receipt, and delivers the license key. The App itself is downloaded from the Site, not from Polar. Your payment is also subject to Polar’s own terms and privacy policy, which are presented at checkout. The license to use the App is granted by Chordio under these Terms, not by Polar.
After purchase you receive an email with a license key. The key also stays on your receipt. Keep your receipt: it is your proof of purchase. Entering the key in the App activates it for that Mac; a key may be activated on up to three Macs that you own or control. Activation and an occasional re-check send the key and your Mac’s computer name to Polar; see the Privacy Policy.
A license key covers one major version of the App: the version it was bought for and every update to it, meaning every later version that shares its first version number (a key for Wakey 1 covers 1.0, 1.1, 1.2 and so on; versions numbered 0.x count as part of Wakey 1). Those versions are yours to install and use for as long as you like; the key does not expire, and the latest version your key covers stays available for download. A new major version (for example Wakey 2) is a separate purchase with its own license key, bought the same way. We may offer that purchase at a reduced price, or free of charge, to holders of a key for the previous major version; any such offer is made in the App or on the Site at the time and is not part of these Terms. The App tells you when a new major version is available rather than installing it, shows which major version your key covers in Settings under License, and will not run the Cleaning Features of a major version your key does not cover until a key for it is activated.
Prices are shown at checkout in the currency Polar displays and may change at any time. A price change does not affect a purchase already completed.
4. System requirements
The App requires a Mac with Apple silicon (M1 or later) running macOS 14 Sonoma or newer. It will not launch on an Intel Mac or on an older macOS. These requirements are stated on the Site, on the download button and at checkout. Because the App is free to download, you can confirm it runs on your Mac before you buy; a purchase for an unsupported Mac is still eligible for a refund under section 6.
5. License
Subject to these Terms, Chordio grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App, in object-code form, on Macs that you own or control, for your personal use or your own internal business use. Use of the Cleaning Features after the trial is subject to your payment for, and activation of, a license key under section 3.
The App is licensed, not sold. Chordio and its licensors keep all right, title and interest in the App, including all copyright, trademark and other intellectual-property rights. Nothing in these Terms gives you any right to use the Wakey name, logo or other marks. All rights not expressly granted are reserved.
6. Refunds
If the App does not run on your Mac, or you are not satisfied with it, email support@chordio.com within 14 days of purchase with your receipt and we will arrange a full refund through Polar. After that period, purchases are final, except where the law of your country gives you a non-waivable right to a refund, in which case that right applies. Once refunded, your license key is revoked and the Cleaning Features return to their post-trial state; Restore and your data remain available.
7. Restrictions
You may not, and may not allow anyone else to:
- share, post, forward or otherwise distribute your license key, or use it on more Macs than it allows;
- redistribute the disk image or the App other than by linking to the Site, or bypass, remove or interfere with the trial or the license check;
- sell, rent, lease, lend, sublicense or otherwise transfer the App or your license to anyone else;
- include the App, or any part of it, in a product or service that you sell or provide to others;
- copy, modify, adapt or create derivative works of the App, except as the law expressly allows despite this restriction;
- reverse engineer, decompile, disassemble or otherwise try to derive the source code of the App, except to the extent applicable law prohibits this restriction;
- remove, alter or obscure any copyright, trademark or other proprietary notice, or the App’s code signature;
- use the App to violate any law, or to interfere with anyone else’s use of a computer;
- use the App on a Mac you do not own or control, or use it to alter another person’s computer without their permission.
8. Your responsibilities
Back up your data. The App closes tabs, quits apps, moves files and changes system settings. It is built to do so reversibly, but it operates on your computer under macOS permissions that you grant, and no software can guarantee that another app will save its state when asked, that a browser will restore a session exactly, or that a file move will succeed on every disk. You are responsible for keeping backups of anything you cannot afford to lose, and for reviewing what the App proposes before you click Confirm.
macOS permissions. The App asks macOS for Automation, Accessibility and file-access permissions so it can do its job. You decide whether to grant them. If you do not, parts of the App will not work.
Restore parcels. The App keeps the files it moved and the record of what it changed in ~/Library/Application Support/Wakey. That folder is yours and stays on your Mac if you remove the App. Do not delete it unless you no longer need what is in it.
Scheduled cleans. If you turn on the daily clean, the App will act on the schedule you set without asking again. It is your responsibility to configure the schedule, the “Leave running” list and the daily flags so that a clean does not close something you need.
9. Updates and withdrawn versions
With “Check for updates” on (the default), the App asks our update feed once a day whether a newer version exists and shows a notification if so. Nothing is downloaded or installed without your action. You can turn this off in Settings, which also turns off the notes described next. We may use the feed to tell you that a version has been withdrawn or is no longer supported, that a new major version needs its own license key (section 3), or, occasionally, to show a short note in the App about a new version or feature. Such a note is shown once, can be dismissed, and carries no tracking; the feed request is the same one described in the Privacy Policy. We may stop supporting older versions at any time.
We may, but are not obliged to, release updates, fixes or new features. Updates are subject to these Terms unless they come with their own terms. We may also change or discontinue the App or the Service at any time. If we discontinue the App, copies you have already installed keep working as they are, but the update feed and support may end.
10. Third-party software
The App includes open-source components (among them CPython, PyObjC, rumps, pywebview and bottle) that are distributed under their own licenses. Those licenses govern your use of those components, and copies are included inside the application bundle. Nothing in these Terms restricts rights you have under those licenses. The App also relies on Apple’s macOS and, if you use them, Google Chrome or Safari, which are governed by their own terms; we are not responsible for them.
11. Support
Support is by email at support@chordio.com. We try to answer promptly, but we do not promise any particular response time, resolution or level of support, and support may end when a version is no longer supported.
12. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CHORDIO AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, WORK WITH EVERY APP, BROWSER, MACOS VERSION OR CONFIGURATION, RUN WITHOUT INTERRUPTION OR ERROR, OR THAT EVERY TAB, WINDOW, FILE, DOCK ITEM, WIDGET, WALLPAPER OR LOGIN ITEM IT CHANGES CAN BE RESTORED EXACTLY. IN PARTICULAR, WE DO NOT WARRANT THAT ANOTHER APPLICATION WILL SAVE UNSAVED WORK WHEN THE APP ASKS IT TO QUIT.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case any implied warranty is limited to the shortest period and the minimum scope the law allows.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHORDIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, UNSAVED WORK, PROFITS, REVENUE, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR THE COST OF SUBSTITUTE SOFTWARE OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE APP OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE APP OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP.
The exclusions and limits in this section apply to the fullest extent the law allows, but do not exclude or limit liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by negligence, for fraud, or, for consumers in the European Union and United Kingdom, for breach of statutory consumer rights.
14. Indemnification
You will defend, indemnify and hold harmless Chordio and its officers, directors, employees and contractors from any claim, loss, liability, damage and expense (including reasonable legal fees) arising from your breach of these Terms, your violation of any law or third party’s rights, or your use of the App on a computer you do not own or control. This section does not apply to you to the extent consumer protection law where you live prohibits it.
15. Termination
These Terms apply as long as you use the App. We may terminate your license, and stop providing the Service to you, if you materially breach these Terms. You may end these Terms at any time by deleting every copy of the App. On termination, the license in section 5 ends and you must stop using and delete the App; sections 5 (as to our ownership), 7, 8, 12 through 14, 16 and 17 survive.
16. Dispute resolution and arbitration
Talk to us first. Before starting any formal proceeding, email support@chordio.com with a description of the dispute and what you would like us to do. We will try to resolve it informally within 30 days.
Binding arbitration. If we cannot resolve a dispute informally, you and Chordio agree that any dispute, claim or controversy arising out of or relating to these Terms, the App or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator, not a court, decides any question about the scope or enforceability of this section, except as stated below. The arbitration may be conducted by telephone, video or written submissions, or in person in the county where you live. AAA’s consumer fee schedule applies; if the arbitrator finds your claim frivolous, you agree to reimburse us for our fees.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek an injunction in court to protect its intellectual-property rights. Nothing in this section prevents you from bringing a complaint to a government agency.
No class actions. YOU AND CHORDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. If this class-action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) will proceed in court under section 17, not in arbitration.
Opt-out. You can opt out of this arbitration agreement by emailing support@chordio.com within 30 days after you first accept these Terms, stating your name, the email address on your receipt, and that you want to opt out of arbitration. Opting out does not affect any other part of these Terms.
Consumers outside the United States. If you are a consumer resident in the European Economic Area, the United Kingdom or another country whose law does not permit mandatory pre-dispute arbitration for consumers, this section does not apply to you, and you may bring claims in the courts of the country where you live. EU residents may also use the European Commission’s online dispute resolution platform.
17. Governing law and venue
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules, and by the Federal Arbitration Act as to section 16. Subject to section 16, any claim that is brought in court must be brought in the state and federal courts located in Delaware, and you and we consent to the personal jurisdiction of those courts. If you are a consumer, this does not take away protections given to you by the mandatory consumer law of the country where you live. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18. Export and government use
You may not use or export the App in violation of United States export laws or the laws of the country in which you obtained it, and you represent that you are not on any U.S. government restricted-party list. If you are a U.S. government entity, the App is “commercial computer software” provided with only the rights granted to everyone else under these Terms.
19. Changes to these Terms
We may revise these Terms from time to time. When we do, we will post the new version at https://wakey.ai/terms and update the date at the top. A material change applies to you only for use of the App after the change takes effect; it will not retroactively change the terms of a purchase you already made. If you do not agree to a change, stop using the App.
20. General
These Terms, together with Polar’s terms for the payment transaction and the open-source licenses in section 10, are the entire agreement between you and Chordio about the App and replace any earlier agreement. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to an affiliate or a successor to our business. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to you may be sent to the email address on your receipt, if you have bought a license key, and otherwise by a notice in the App or on the Site. Notices to us go to support@chordio.com. Nothing in these Terms creates a partnership, agency or employment relationship.
21. Contact
Chordio, Inc.
support@chordio.com