Terms of Service

Last Updated: October 19, 2026

1. Introduction and Acceptance of Terms

By downloading, installing, accessing, or using UpCluck (the "App"), you agree to these Terms of Service ("Terms") and the End User License Agreement ("EULA") included below. If you do not agree, do not download, install, or use the App.

In these Terms, "we," "us," and "our" refer to WITS, the developer and operator of the App. "You" and "your" refer to the person who uses the App.

The App has no minimum age. If you are a minor under the laws of your place of residence, you may use the App only with the permission and supervision of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the App, including purchases.

2. Description of the App

UpCluck is an alarm clock application for iPhone. The App lets you:

• Set alarms with sounds and repeat schedules
• Add wake-up missions to an alarm, such as exercises counted with the camera, step goals, photo and drawing missions, puzzles, and reading missions
• Turn on an optional wake-up check that rings again after you complete your missions
• Optionally block selected apps with Apple's Screen Time features until you complete your morning routine

Some missions, such as photo and drawing missions, use artificial intelligence (AI) services to check whether a mission is complete. These checks can be wrong. See Section 5.

3. Alarm Reliability

UpCluck is not guaranteed to wake you up, and you must not rely on it as your only alarm.

Whether an alarm rings, and how loudly, depends on many things that we do not control, including your device, its operating system version, sound and volume settings, Silent mode, Focus and Do Not Disturb settings, notification and alarm permissions, battery level, Low Power Mode, a device that is turned off or restarted, App updates, time zone or clock changes, and bugs in the App or in iOS. On iOS 26.1 and later, alarms use Apple's AlarmKit. On earlier supported iOS versions, alarms use notifications and may be silenced by your device settings.

We are not responsible for, and you agree that we are not liable for, any loss or damage that results from an alarm that does not ring, rings late, rings too quietly, cannot be stopped as expected, or rings when you did not expect it. This includes missed flights, appointments, work, school, exams, medication, or any other event. For important events, use a second, independent alarm.

The App is not a medical device and is not intended for safety-critical, medical, or emergency use.

4. Health and Safety Warning

Exercise missions involve physical activity. Consult a doctor or other qualified health professional before you start any exercise program, especially if you are pregnant, have a medical condition, an injury, or a heart, lung, or joint problem, or have not exercised recently.

• You take part in all missions voluntarily and at your own risk.
• Exercising right after you wake up may cause dizziness or other discomfort. Warm up, move carefully, and stop immediately if you feel pain, dizziness, faintness, shortness of breath, or discomfort.
• Make sure that you have enough clear space, a stable surface, and good lighting before you start an exercise or walking mission. Watch where you are going during step missions.
• The App does not give medical advice. Any exercise counts, instructions, or feedback in the App are for motivation only and do not check your form or your safety.
• Parents and guardians must supervise minors who use exercise missions.

To the maximum extent permitted by law, we are not liable for any injury, illness, or damage that results from your participation in any mission or physical activity.

5. Mission Verification

• Exercise repetitions are counted on your device from the camera image. Counts may be wrong because of lighting, camera position, clothing, or other conditions.
• Photos and drawings for verified missions are sent to our server and to an AI provider (OpenAI or Anthropic) for a result. AI results can be incorrect, and a mission may be accepted or rejected by mistake.
• Verified missions need an internet connection. If the service is unavailable, the App may offer a fallback, or a mission may not be able to complete.
• Do not include people, faces, documents, or other sensitive content in mission photos. You must have the right to photograph what you submit.

6. App Blocking

If you turn on app blocking, the App uses Apple's Screen Time features to limit access to the apps that you choose. You can change or remove Screen Time permissions in your device's Settings at any time. Blocking may not work in all conditions. We are not responsible for any consequences of blocked access, or of blocking that does not work as expected. Do not block apps that you may need for emergencies, safety, health, or work.

7. Purchases and Subscriptions

7.1 Access Requires a Purchase

The App requires a paid subscription or a one-time lifetime purchase to use its features. There is no free tier. We may offer weekly, yearly, and lifetime options. Prices, billing periods, and any free trial are shown in the App before you buy.

7.2 Free Trials

Some subscriptions may include a free trial. If you do not cancel at least 24 hours before the trial ends, your subscription starts automatically and you are charged the price of the selected plan.

7.3 Billing and Automatic Renewal

• Payment is charged to your Apple ID account when you confirm the purchase.
• Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the end of the current period.
• Your Apple ID account is charged for renewal within 24 hours before the end of the current period, at the price of the selected plan.

7.4 Lifetime Purchase

A lifetime purchase is a one-time, non-renewing payment. It gives you access to the App's paid features for as long as we offer and support the App, on devices that use the same Apple ID. "Lifetime" refers to the life of the App, not to your lifetime.

7.5 Managing and Cancelling Subscriptions

You can manage or cancel your subscription at any time in your Apple ID account settings. Cancellation takes effect at the end of the current billing period. Deleting the App does not cancel your subscription.

7.6 Refunds

All purchases are processed by Apple. Refund requests must be made to Apple. We do not process refunds directly. Except where required by law, we do not give refunds or credits for partial billing periods.

7.7 Restoring Purchases

You can restore previous purchases on a new or reset device with the "Restore Purchases" option in the App, using the same Apple ID.

7.8 Price Changes

We may change prices. Apple will notify you of a subscription price change as required by App Store rules. If you do not agree to a new price, you may cancel before it takes effect.

8. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any law or regulation
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Circumvent, disable, or interfere with purchase restrictions, usage limits, or other access controls
• Submit photos or drawings that are illegal, offensive, sexually explicit, or that violate another person's privacy or rights
• Use bots, scripts, or other automated means to access the App or its services, or send requests to our servers outside the App
• Interfere with or disrupt the App's servers or services

We may suspend or end your access to the App if you violate these Terms.

9. Intellectual Property

The App, including its software, design, characters (including the UpCluck rooster), artwork, animations, sounds, text, and trademarks, is owned by WITS or its licensors and is protected by intellectual property laws. Except for the license in the EULA below, these Terms do not give you any rights to the App or its content.

10. Third-Party Services

The App uses third-party services, including Apple, Google Firebase, RevenueCat, OpenAI, and Anthropic. These services operate under their own terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

11. Privacy

Our Privacy Policy explains how we collect, use, and protect your information. By using the App, you acknowledge that you have read the Privacy Policy.

12. Notifications

On iOS versions before 26.1, the App uses notifications to deliver alarms. The App may also use notifications for wake-up checks and mission reminders. Notifications require your permission. You can change notification permissions at any time in your device's Settings, but alarms may not ring if you turn them off.

13. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• Alarms will ring on time, at the expected volume, or at all
• The App will be uninterrupted, timely, secure, or error-free
• Repetition counts, step counts, or AI verification results will be accurate
• The App will be compatible with every device or iOS version
• Any defects will be corrected

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, INCOME, OPPORTUNITY, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the App
• An alarm that does not ring, rings late, rings too quietly, or cannot be stopped as expected
• Missed events, appointments, travel, work, school, or obligations of any kind
• Any injury or health problem related to physical activity or missions
• Incorrect mission results, counts, or AI verification
• App blocking that works, or does not work, as expected
• Loss of alarms, settings, or other data stored on your device
• Any third-party service
• Any interruption or end of the App's services

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless WITS and its owners, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) that arise from your use of the App, your violation of these Terms, or your violation of the rights of any third party.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page, and we may also notify you in the App. Your continued use of the App after a change means that you accept the updated Terms. If you do not agree, stop using the App and cancel any active subscription.

17. Termination

You may stop using the App at any time by deleting it. If you have an active subscription, cancel it in your Apple ID account settings to avoid further charges.

We may suspend or end your access to the App at any time if you violate these Terms or if we stop offering the App. Sections 3, 4, 5, 9, 13, 14, 15, and 18 survive termination.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law rules.

18.2 Informal Resolution

Before you file a formal legal claim, you agree to contact us at [email protected] and try to resolve the dispute informally. We will try to resolve it within thirty (30) days after we receive your notice.

18.3 Jurisdiction

If a dispute is not resolved informally, any legal proceeding must be brought exclusively in the state or federal courts located in the State of California, and you and we consent to the personal jurisdiction of those courts.

18.4 Waiver of Jury Trial

To the fullest extent permitted by law, you and we each waive the right to a jury trial in any legal proceeding related to these Terms or the App.

18.5 Consumer Rights

If you are a consumer in a country whose laws give you rights that cannot be waived by contract, nothing in these Terms affects those rights.

19. Contact Information

If you have questions about these Terms, contact us:

• Company: WITS
• Email: [email protected]
• Website: https://upcluck.com

For billing and refund questions, contact Apple Support through the App Store.

End User License Agreement (EULA)

This End User License Agreement ("EULA") is a legal agreement between you and WITS. It supplements the Terms of Service above.

A.1 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions ("Usage Rules"). The App may also be accessed by other accounts associated with you through Family Sharing or volume purchasing, as the Usage Rules permit.

A.2 Scope of License and Restrictions

You may not:

• Rent, lease, lend, sell, redistribute, or sublicense the App
• Copy the App, except as permitted by this EULA and the Usage Rules
• Reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, except as allowed by applicable law
• Remove, alter, or obscure any proprietary notices on the App

A.3 Consent to Use of Data

You agree that we may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, to provide software updates, product support, and other services related to the App, as described in our Privacy Policy.

A.4 Maintenance and Support

WITS is solely responsible for providing maintenance and support for the App, as specified in these Terms and as required by law. Apple has no obligation to provide any maintenance or support services for the App.

A.5 Apple's Role and Third-Party Beneficiary

You acknowledge and agree that:

• This EULA is between you and WITS only, and not with Apple Inc. ("Apple")
• WITS, not Apple, is solely responsible for the App and its content
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App
• WITS, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy, or similar legislation
• Apple and its subsidiaries are third-party beneficiaries of this EULA. When you accept this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary

A.6 Intellectual Property Claims

If a third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, WITS, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.

A.7 Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

A.8 Third-Party Terms

You must comply with applicable third-party terms of agreement when you use the App.

A.9 Severability

If any provision of this EULA or of the Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the rest will remain in full force and effect.

By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to these Terms of Service and this End User License Agreement.