WAKE-N-GO TERMS OF SERVICE AND END USER LICENSE AGREEMENT

These Terms of Service and End User License Agreement (the “Terms”) are a legally binding agreement between you (“you” or “User”) and Wake-N-Go Solutions Ltd. (“Wake-N-Go,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our websites, applications, and related services (collectively, the “Service”), including the Wake-N-Go mobile application and any companion web experience (the “App”).

1. Definitions

• “Trip Assignment” means any award, reassignment, schedule change, callout, report time, reserve assignment, or other duty-related assignment communicated by your employer or its systems.
• “Employer Systems” means any airline/employer scheduling systems, communications, applications, or official channels.
• “Content” means information you submit to the Service (including configuration settings) and any data the Service processes in connection with your use.
• “Device” means the phone, tablet, computer, or other equipment used to access the Service.

2. Use of Site

All materials on the Site, including, without limitation, information, data, specifications, descriptions, images, graphics, trademarks, text, links, illustrations, designs, icons, photographs, HTML code, and written and other materials (collectively the “Content”) included on the Site are the property of us, its affiliates or content providers of us, and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use.

You may download or copy the Content for your personal use only so long as you keep intact all copyright and proprietary notices. No right, title, or interest in the Content, downloaded materials, or software is transferred to you as a result of any downloading or copying of the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of us. It is strictly prohibited to modify, transmit, distribute, reuse, reverse engineer, repost, “frame,” or use the Content without written permission from an authorized representative.

We claim no proprietary rights to, or affiliation with, any third-party trademarks or logo references appearing on the Site. You should not infer any affiliation, sponsorship, or endorsement from the use of third-party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their respective owners.

Images of people or places displayed on the Site are either the property of, or used with permission by, Us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We may, from time to time, provide links to other outside websites not associated with Us. We have not reviewed and is not responsible for such linked websites or the content of any of the linked websites. We provide these links as an additional resource for its Site users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, We cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked to from the Site.

3. Eligibility; Account Registration

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.

4. Scope of the Service; Not an Official Notification System

The Service is a supplemental convenience tool that may help you configure reminders and alerts based on settings you choose and data sources you connect.

The Service is not:

• affiliated with, sponsored by, endorsed by, or approved by any airline, employer, union, scheduling system, or regulator (including the FAA);
• an official crew notification channel or employer-required monitoring method; or
• a certified safety, compliance, or regulatory monitoring system.

5. User Responsibility; Not a Substitute for Monitoring Assignments

You remain solely responsible for monitoring Employer Systems and other official channels for Trip Assignments and schedule changes and for complying with all employer obligations, contractual requirements, and applicable laws and regulations.

YOU MUST NOT RELY ON THE SERVICE AS YOUR SOLE METHOD for monitoring Trip Assignments, schedule changes, report times, duty obligations, or communications.

You acknowledge that failure to monitor Employer Systems may lead to disciplinary action, termination, loss of pay, loss of premium opportunities, loss of seniority, or other financial and professional harm. The Service does not change or reduce your responsibilities.

6. No Guarantee of Alert Delivery; Service Limitations

The Service and its alerts depend on factors outside our control, including Device settings, operating system restrictions, network connectivity, third-party services, outages, and user configuration.

We do not guarantee that any alert, notification, call, message, or reminder will:

• be delivered;
• be timely;
• be accurate or complete;
• be noticed or acknowledged; or
• function during outages, low power mode, muted devices, background execution restrictions, or OS updates.

You agree that the Service may be unavailable, delayed, interrupted, or erroneous, and that such failures are foreseeable.

7. Assumption of Risk

You voluntarily assume all risks arising from your use of the Service, including risks associated with missed, delayed, inaccurate, or undelivered alerts, and any consequences arising from your failure to monitor Employer Systems independently.

8. License Grant (EULA)

Subject to your compliance with these Terms, Wake-N-Go grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal use on Devices you own or control.

All rights not expressly granted are reserved by Wake-N-Go.

9. Restrictions; Acceptable Use

You agree not to:

• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas from the Service, except to the extent such restriction is prohibited by law;
• access the Service to build a competing product or to copy features, functions, or user experience;
• interfere with or disrupt the Service, including by circumventing security, rate limits, or access controls;
• upload malicious code or attempt unauthorized access to any systems;
• use the Service in violation of law, employer policy, or third-party rights.

We may suspend or terminate access for violations.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

• (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” or “crashing;”
• (d) sending unsolicited email, including promotions and/or advertising of products or services; or
• (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. We will use commercially reasonable efforts to investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from us on the Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla Firefox).

Any passwords used for this site are only intended for individual use. You are prohibited from sharing or otherwise providing the right to use your password with any other person. You will be responsible for the security of any password. We may, in its sole discretion, monitor the use of any password and may require you to change your password at any time.

10. User Content; Feedback

You retain ownership of your Content. You grant Wake-N-Go a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display your Content solely to operate, maintain, and improve the Service.

If you provide suggestions, ideas, or feedback, you grant Wake-N-Go a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without compensation.

11. Third-Party Services and Links

The Service may rely on or integrate with third-party services (e.g., hosting providers, messaging/telephony providers, analytics, operating system services). Wake-N-Go is not responsible for third-party performance, outages, changes, or acts/omissions.

Third-party links are provided for convenience; we do not endorse them.

12. Privacy; Electronic Communications; Records

Your use of the Service is subject to our Privacy Policy.

By using the Service, you consent to receive communications from us electronically (e.g., email, in-app messages). You agree that electronic records and signatures (including clickwrap acceptance) satisfy legal requirements for written agreements.

Acceptance Records. We may maintain records related to your acceptance of these Terms and related legal policies, including identifiers, timestamps, versions, technical metadata, and other audit information to demonstrate acceptance and integrity of the Terms version presented.

13. Paid Plans; Subscriptions; Auto-Renewal (Not Currently Offered)

As of the Effective Date, the Service is offered without charge and we do not offer paid subscriptions. We may introduce paid plans, subscriptions, or fees in the future. If we do, we will present the applicable pricing, billing frequency, renewal terms, cancellation method, and any trial terms at the time of purchase.

If a subscription is offered, it may automatically renew unless canceled before the renewal date. You may cancel as described at the time of purchase and within the Service. Except as required by law or expressly stated at purchase, fees are non-refundable. We may change prices or plan features with advance notice as required by law; changes will take effect at the next renewal unless otherwise disclosed.

14. Disclaimers

Wake-N-Go disclaims all warranties, express, implied, and statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that alerts will be delivered or timely.

This website/app may contain links to other sites that are owned and operated by third party vendors and others. You acknowledge that we are not responsible for the availability, content, text, graphics, information, or any actions or damages from any external site. You must contact the site administrator for those sites if you have any concerns regarding those links.

15. Limitation of Liability

In no event will Wake-N-Go or its affiliates, officers, directors, employees, contractors, or agents be liable for:

• any indirect, incidental, special, consequential, exemplary, or punitive damages;
• any loss of wages, income, profits, premium pay, business, data, goodwill, or professional opportunity;
• any disciplinary action, termination, loss of seniority, or employment-related consequence; or
• any regulatory or compliance consequence,

arising out of or related to your use of (or inability to use) the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Wake-N-Go’s total liability for all claims will not exceed the greater of (a) $100 or (b) the amount you paid to Wake-N-Go for the Service in the 12 months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations; in that case, the above applies to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Wake-N-Go from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law, employer policy, or third-party rights; or (d) your Content.

17. Suspension; Termination

We may suspend or terminate your access at any time if we reasonably believe you violated these Terms, pose a security risk, or if required for operational reasons. You may stop using the Service at any time.

Sections that by their nature should survive termination will survive, including: disclaimers, limitation of liability, indemnification, dispute resolution, and ownership provisions.

18. Export Controls; Sanctions

You may not use the Service if you are located in a country subject to U.S. embargo, or if you are prohibited under U.S. export controls or sanctions laws. You represent and warrant that you are not on any U.S. government restricted party list.

19. Dispute Resolution; Arbitration; Class Action Waiver (U.S.)

(a) Informal Resolution. Before initiating arbitration, you agree to contact us at [LEGAL@EMAIL] and provide a brief description of the dispute and your contact information. We will attempt to resolve the dispute informally within 30 days.

(b) Binding Arbitration. If the dispute is not resolved informally, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules [CONSUMER OR COMMERCIAL—COUNSEL TO CONFIRM].

(c) Class Action Waiver. You and Wake-N-Go agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

(d) Small Claims; Injunctive Relief. Either party may bring an individual action in small claims court if the dispute qualifies. Either party may seek injunctive or equitable relief in court for unauthorized use, infringement, or misappropriation of intellectual property or confidential information.

(e) Opt-Out. You may opt out of arbitration by sending written notice to legal@wakengo.org within 30 days of first accepting these Terms, including your name, account email, and a clear statement of your intent to opt out.

(f) Venue. If arbitration is not enforceable, the parties agree to exclusive jurisdiction and venue in Denver, CO, unless otherwise required by law.

(Your lawyer will tighten this for your chosen state and AAA rule set.)

20. Governing Law

These Terms are governed by the laws of the State of Colorado, excluding conflict of laws rules, except where federal law applies.

21. Changes to These Terms

We may update these Terms from time to time. We will provide notice as required by law. Continued use after an update becomes effective constitutes acceptance. For material changes, we may require you to re-accept via clickwrap before continuing to use the Service.

22. Miscellaneous

Entire Agreement. These Terms (and referenced policies) constitute the entire agreement between you and Wake-N-Go regarding the Service.

Severability. If any provision is unenforceable, the remainder remains in effect.

No Waiver. Failure to enforce a provision is not a waiver.

Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. We are not liable for delays or failures due to events beyond reasonable control.

Headings. Headings are for convenience only.

23. Contact

Wake-N-Go Solutions Ltd.
PO Box 123
support@wakengo.org
legal@wakengo.org