Last updated Nov 15 2024

Terms & Conditions

Welcome to DestiWake (“the App”), operated by Chunky Tofu Studios LLC (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the App and any related services (collectively, the “Service”). By downloading, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Eligibility

You must be above the age of consent (at least 13 years old in most regions) to use the Service. By using the Service, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms.

3. Description of Service

DestiWake is a mobile application designed to enhance your commuting experience by providing location-based features such as wake-up alerts and trip planning.

4. User Accounts

Registration: You may be required to create an account to access certain features of the Service. You agree to provide accurate and complete information during registration and to keep this information up-to-date.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.

Unauthorized Access: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Subscription and Payment Terms

Free and Premium Services: The App offers both free and premium features. Premium features require a subscription, which may include a trial period.

Trial Periods: If you sign up for a trial, you will have access to premium features for the duration of the trial. After the trial ends, you will be charged the subscription fee unless you cancel before the trial expires.

Billing: Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) and are processed through the app store platform (Google Play or Apple App Store).

Refunds and Cancellations: You may cancel your subscription at any time through your app store account settings. Refunds are subject to the app store’s refund policies:

Google Play Refund Policy

Apple App Store Refund Policy

Consent to Share Consumption Data with Apple: By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple’s policies and only as necessary to process your requests.

6. License and Restrictions

License Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

Restrictions: You agree not to:

  • Modify, adapt, translate, or create derivative works of the App.
  • Reverse engineer, decompile, or disassemble any part of the App.
  • Use the App for any unlawful or unauthorized purpose.
  • Remove or alter any proprietary notices or labels on the App.

7. User Conduct and Responsibilities

You agree to use the Service responsibly and to not engage in activities that:

  • Violate any applicable laws or regulations.
  • Infringe on the rights of others.
  • Interfere with or disrupt the Service or servers/networks connected to the Service.
  • Introduce viruses or any other malicious code.

User Responsibilities:

  • Alert Reliability: You acknowledge that the Service may be affected by GPS and network issues. It is your responsibility to ensure your device has a stable connection.
  • Battery Check: Ensure your device is fully charged or connected to a power source to last through your trip.
  • User Discretion Advised: Exercise caution if you choose to sleep during your commute. Always be aware of your surroundings and ensure it is safe to do so.
  • Commute Safety: You are responsible for your safety while traveling. Please adhere to all commute safety rules and regulations.

8. Disclaimers

No Warranties: The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. We do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free.
  • The results obtained from the use of the Service will be accurate or reliable.
  • Any errors in the Service will be corrected.

Location Accuracy: While we strive to provide accurate location-based services, we do not guarantee the accuracy or completeness of any location information provided. GPS and network connectivity issues may affect Service performance.

User Reliance: We are not liable if you miss your stop or destination due to any delays, inaccuracies, or failures in the Service. Users should not solely rely on the App for time-sensitive or critical purposes.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Chunky Tofu Studios and its affiliates, directors, officers, employees, agents, partners, suppliers, or licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

Losses or Damages: Loss of profits, goodwill, use, data, or other intangible losses resulting from:

  • Your access to or use of or inability to access or use the Service.
  • Any conduct or content of any third party on the Service.
  • Any content obtained from the Service.
  • Unauthorized access, use, or alteration of your transmissions or content.

Service Reliability: Any interruptions, errors, defects, delays in operation or transmission, or any other failure of performance of the Service, including those arising from GPS and network connectivity issues.

Personal Injury or Property Damage: Any personal injury or property damage resulting from your access to and use of the Service, including during your commute.

No Warranty: Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Service.

Maximum Liability: In no event shall Chunky Tofu Studios’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid to us in the last twelve (12) months, or one hundred dollars ($100), whichever is greater.

Acknowledgment: You specifically acknowledge that Chunky Tofu Studios shall not be liable for user submissions or defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Chunky Tofu Studios, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your Use of the Service: Any use or misuse of the App and Service by you or anyone using your account, including any actions taken that are not authorized by these Terms.

  • Violation of Terms: Your breach or violation of these Terms and Conditions or any applicable law or regulation.

  • Infringement of Rights: Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or proprietary rights.

  • Content You Provide: Any content or materials you submit, post, or otherwise transmit through the Service, including any claims that such content causes damage to a third party.

  • Negligence or Misconduct: Any negligence, misconduct, or other wrongful act by you during your commute or in connection with your use of the Service.

  • Failure to Comply with User Responsibilities: Any failure on your part to adhere to the user responsibilities outlined in these Terms, including but not limited to ensuring device connectivity, battery life, and personal safety during your commute.

  • Defense and Control: You agree that the Indemnified Parties will have control of the defense or settlement of any such claims.

  • No Coverage of Losses: It is explicitly stated that we will not cover any losses or damages incurred due to the use of the Service.

  • Maximum Liability Cap: A cap on the maximum liability is included to limit potential exposure.

  • User Acknowledgment: Users acknowledge and accept the risks associated with using the Service.

11. Third-Party Services

The App may include links to or integrate with third-party services and content that we do not control. We are not responsible for the content, policies, or practices of any third-party websites or services. Your interactions with third parties are governed by their respective terms and policies.

Google Maps SDK

Google Fonts

  • Purpose: The app utilizes fonts such as “Montserrat Alternates” and “Poppins” provided by Google Fonts to enhance visual design.
  • Licensing Information: Fonts are used under the licenses specified in the Google Fonts Licensing.

Material Icons

  • Purpose: Provides icons used throughout the app for better user interface and experience.
  • Licensing Information: Icons are licensed under the Apache License 2.0.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and disclose information about you.

13. Termination

By You: You may stop using the Service and terminate these Terms at any time by deleting the App and closing your account.

By Us: We may suspend or terminate your access to the Service at any time, with or without cause or notice, for conduct that we believe violates these Terms or is harmful to other users or us.

Effect of Termination: Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of the Service after the changes become effective constitutes acceptance of the new Terms.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of New Jersey / United States, without regard to its conflict of law provisions.

16. Dispute Resolution

Informal Resolution: Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at support@chunkytofustudios.com. We will attempt to resolve the dispute informally by contacting you via email.

Arbitration: If a dispute is not resolved within 30 days of submission, it shall be finally settled by binding arbitration in accordance with the rules of American Arbitration Association, excluding any rules or procedures governing or permitting class actions.

Class Action Waiver: All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and Chunky Tofu Studios regarding the use of the Service and supersede any prior agreements between us relating to the Service.

19. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Contact Us

If you have any questions about these Terms, please contact us:

Email: support@chunkytofustudios.com