Risely Terms of Service

1. Acceptance of Terms

1.1. By downloading, installing, or using the Risely mobile application (“App,” “Service,” or “Risely”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

1.2. These Terms constitute a legally binding agreement between you and Two Player Labs LLC (“Company,” “we,” “us,” or “our”), an Oregon limited liability company.

1.3. We may update these Terms from time to time. We will notify you of material changes through the App or via email if you have an account. Your continued use after changes constitutes acceptance of the updated Terms.

2. Eligibility

2.1. You must be at least 13 years old to use the App. By using the App, you represent and warrant that you are at least 13 years of age.

2.2. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the App with the consent of a parent or legal guardian who agrees to be bound by these Terms.

2.3. The App is not directed to children under 13 and we do not knowingly collect personal information from children under 13 in compliance with the Children's Online Privacy Protection Act (COPPA).

3. Description of Service

3.1. Core Functionality

Risely is an alarm clock application designed to help users wake up through customizable alarm scheduling with repeat options, interactive dismissal challenges, snooze management with configurable limits, wake-up verification to ensure you stay awake, and smart alarm features that can monitor sleep and wake you during a lighter sleep phase.

3.2. Dismissal Challenges

The App offers 13 types of alarm dismissal challenges designed to ensure wakefulness, including:

• Physical challenges (shaking the device, walking steps)
• Mental challenges (math problems, typing exercises, pattern drawing)
• Game-based challenges (snake, flappy bird, memory matching, slide puzzle)
• Scanning challenges (QR code / barcode scanning)
• Biometric challenges (photo verification with face detection, voice recognition)

3.3. Sleep Tracking Features

The App includes optional sleep tracking features such as sleep duration and quality tracking using device sensors (accelerometer), snoring detection using the device microphone with on-device machine learning analysis, sleep reports, statistics, and Rise Score gamification, smart alarm functionality that wakes you during lighter sleep, and integration with wearable devices for enhanced sleep data.

3.4. AI Sleep Coach

The App may include an AI-powered Sleep Coach feature that provides conversational sleep coaching, personalized insights based on your sleep data, and suggestions for alarm configuration. The AI Sleep Coach is powered by third-party AI services and is a premium feature. The AI Sleep Coach does not provide medical advice.

3.5. Smart Home Integration

The App may connect with smart lighting systems (Philips Hue, LIFX, Govee), music services (Spotify via deep linking), and generic webhooks for home automation (HTTPS only).

3.6. Social Features

Optional features requiring an account include online leaderboards, friend connections via unique friend codes, buddy alarms and nudge notifications, statistics sharing, and sleep sound mix sharing.

3.7. Premium Features

Certain features require a paid subscription, as detailed in Section 10. Premium features may include access to remote sleep sounds, wallpapers, the AI Sleep Coach, expanded friend limits, leaderboard access, and an ad-free experience.

4. User Accounts and Registration

4.1. Account Optional. Core alarm functionality does not require an account. Account registration is only needed for social features like leaderboards, friend connections, and cloud synchronization.

4.2. Account Creation. If you create an account, you may register using email and password, Apple Sign-In, Google Sign-In, or as a guest (anonymous) account.

4.3. Account Information. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

4.4. Account Security. You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized use.

4.5. Account Termination. We may suspend or terminate your account if you violate these Terms or for any other reason at our discretion, with or without notice.

5. User Responsibilities and Acceptable Use

5.1. General Requirements. You agree to use the App only for lawful purposes, not interfere with or disrupt the App's functionality, not attempt to gain unauthorized access to any systems or networks, and comply with all applicable laws and regulations.

5.2. Appropriate Content. If you create content (such as display names, custom alarm labels, or sleep notes), you agree not to include content that is offensive, abusive, harassing, defamatory, invasive of privacy, infringing on intellectual property rights, or illegal.

5.3. Alarm Responsibility. You acknowledge that the App is a tool to assist with waking up, not a guarantee. You are ultimately responsible for waking up on time. You should have backup alarm methods for critical wake-up times. Device settings, battery optimization features, operating system restrictions, and environmental factors may affect alarm functionality and audibility.

6. Prohibited Activities

6.1. You agree not to:

• Use the App to harass, abuse, or harm others
• Impersonate any person or entity
• Upload malicious code or interfere with the App's operation
• Violate any applicable laws or regulations
• Exploit the App for unauthorized commercial purposes
• Share account credentials with others
• Create multiple accounts to manipulate leaderboards or gain unfair advantages
• Use cheats, hacks, bots, or exploits
• Reverse engineer, decompile, or disassemble any part of the App
• Circumvent any security, access control, or content protection features
• Scrape, harvest, or collect data from the App by automated means

7. Intellectual Property Rights

7.1. Our Ownership. Two Player Labs LLC owns all rights, title, and interest in and to the Risely App, including the App's code, design, and architecture; all trademarks, service marks, and logos; user interface designs and visual elements; and documentation and marketing materials.

7.2. Third-Party Content. The App may include open-source software components (see the App for applicable licenses), third-party integrations and services, and sounds, music, and media from third-party providers subject to their own licenses.

7.3. Your Content. You retain ownership of any content you create (such as custom labels, sleep notes, or sound mixes). By using the App, you grant us a limited, non-exclusive, royalty-free license to use such content solely to provide the Service to you and, where applicable, to other users you choose to share it with.

7.4. License to Users. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for personal, non-commercial purposes.

8. Third-Party Services and Integrations

8.1. Third-Party Services. The App integrates with various third-party services, including but not limited to:

• Health platforms: Apple HealthKit, Google Health Connect
• Wearables: Fitbit, WHOOP, Samsung Health
• Smart lighting: Philips Hue, LIFX, Govee
• Music: Spotify (via deep linking)
• Authentication: Apple Sign-In, Google Sign-In
• Payment processing: Apple App Store, Google Play Store (via RevenueCat)
• AI services: Google Gemini (for AI Sleep Coach)
• Advertising: Google AdMob
• Error tracking: Sentry

8.2. Third-Party Terms. Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, content, or availability of third-party services.

8.3. Service Availability. Third-party integrations may become unavailable at any time due to changes made by third-party providers, and we shall have no liability for such unavailability.

8.4. Wearable Data. When you connect wearable devices (Fitbit, WHOOP, etc.), the App accesses sleep and health data through those platforms' APIs using OAuth 2.0 authentication. You authorize this access when connecting each device. You may revoke access at any time through the respective service's settings.

8.5. Smart Home Devices. When you connect smart home devices, the App may communicate with those devices over your local network (Philips Hue) or via cloud APIs (LIFX, Govee). You are responsible for the security of your local network and smart home device credentials.

9. Device Permissions and Sensor Usage

9.1. Required Permissions. To provide its features, the App may request the following device permissions:

• Alarm and notifications: Scheduling exact alarms, displaying full-screen alerts, posting notifications, accessing Do Not Disturb policy
• Camera: QR code scanning for QR dismissal challenges, and photo verification for facial detection challenges
• Microphone: Voice recognition for voice dismissal challenges and snoring detection during sleep tracking
• Motion sensors: Accelerometer for shake detection challenges and sleep movement tracking
• Activity recognition: Step counting for step-based dismissal challenges
• Location: Used solely to provide weather data for your area; location is not stored or transmitted beyond the weather API request
• Storage: Reading custom sound files you select for alarms
• Health data: Reading sleep and heart rate data from Apple HealthKit or Google Health Connect if you enable wearable integration
• Battery optimization: Requesting exemption from battery optimization to ensure alarm reliability

9.2. On-Device Processing. Audio data for snoring detection is processed entirely on your device using on-device machine learning. Raw audio recordings are not transmitted to our servers or any third party. Short audio clips (~10 seconds) may be saved locally on your device for your review.

9.3. Permission Control. You may revoke any permission at any time through your device's settings. Revoking certain permissions may limit the functionality of corresponding features.

10. Subscription and Payment Terms

10.1. Free Features. Core alarm functionality, including alarm scheduling, basic dismissal challenges, and local sleep tracking, is available for free.

10.2. Premium Subscription. Premium features are available through paid subscription plans:

• Monthly Premium:recurring monthly subscription
• Yearly Premium:recurring annual subscription
• Lifetime:one-time purchase granting permanent premium access

10.3. Payment Processing. All payments are processed through the Apple App Store (iOS) or Google Play Store (Android). We do not directly collect or store your payment information.

10.4. Billing. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your app store account will be charged for renewal within 24 hours prior to the end of the current period at the same price.

10.5. Free Trials. If we offer a free trial, you may be charged for the subscription at the end of the trial unless you cancel before the trial period ends.

10.6. Cancellation. You may cancel your subscription at any time through your device's app store settings. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the paid period.

10.7. Refunds. Refund requests are handled by Apple or Google according to their respective refund policies. We do not directly process refunds.

10.8. Price Changes. We may change subscription prices with advance notice. Price changes will not affect your current subscription period. Continued use after a price change takes effect constitutes acceptance of the new price.

11. Advertising

11.1. The free version of the App may display advertisements provided by Google AdMob. Ad formats may include banner ads, interstitial ads (shown between actions), and rewarded ads (which you may optionally view in exchange for features or content).

11.2. Premium subscribers do not see advertisements.

11.3. Third-party ad networks may collect certain device and usage information for ad delivery and measurement purposes. Please refer to our Privacy Policy and Google's advertising policies for more information.

12. Health and Safety Disclaimers

12.1. Not a Medical Device. The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition. Sleep tracking, snoring detection, Rise Score, and all health-related features are provided for informational and entertainment purposes only.

12.2. Not Medical Advice. The AI Sleep Coach, sleep reports, sleep pattern analysis, and any other insights or recommendations provided by the App do not constitute medical, health, or professional advice. Always consult a qualified healthcare professional before making decisions about your health or sleep.

12.3. Accuracy. Sleep tracking data, snoring detection results, and wearable data are estimates and may not be accurate. The App uses consumer-grade sensors and algorithms that are not validated for clinical use.

12.4. Alarm Reliability. We do not guarantee that alarms will trigger at the scheduled time under all conditions. Device settings, operating system restrictions, battery optimization, Do Not Disturb modes, software updates, and other factors may affect alarm performance. You should maintain backup alarm methods for critical wake-up times.

12.5. You acknowledge that physical dismissal challenges (shaking, walking) carry inherent risks. Use these features responsibly and in a safe environment. We are not liable for any injury that may occur while completing dismissal challenges.

13. Disclaimers and Warranties

13.1. “As Is” Basis. The App is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory.

13.2. Specific Disclaimers. We disclaim all warranties including but not limited to: merchantability, fitness for a particular purpose, non-infringement, accuracy or reliability, and uninterrupted or error-free operation.

13.3. We do not warrant that the App will meet your requirements, that the App will be compatible with your device, or that any third-party integrations will function correctly at all times.

14. Limitation of Liability

14.1. Limitation. To the maximum extent permitted by applicable law, Two Player Labs LLC and its owners, members, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the App.

14.2. Without limiting the foregoing, we shall not be liable for any damages arising from: missed alarms or failure to wake up; inaccurate sleep data or health information; actions taken based on AI Sleep Coach recommendations; malfunctioning smart home integrations; or decisions made based on any data provided by the App.

14.3. Aggregate Liability. Our total aggregate liability for all claims arising out of or relating to these Terms or the App shall not exceed the greater of (a) the amount you paid us for the App in the twelve (12) months preceding the claim, or (b) fifty dollars ($50.00).

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

15. Indemnification

15.1. You agree to indemnify, defend, and hold harmless Two Player Labs LLC and its owners, members, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: your use of the App; your violation of these Terms; your violation of any third-party rights; any content you create or share through the App; or your negligence or willful misconduct.

16. Dispute Resolution and Arbitration

16.1. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law principles.

16.2. Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within sixty (60) days of receipt of your notice.

16.3. Binding Arbitration

If we cannot resolve a dispute informally, you and Two Player Labs LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (including the breach, termination, enforcement, interpretation, or validity thereof) shall be resolved exclusively by binding individual arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property rights.

16.4. Arbitration Rules. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall take place in the State of Oregon or, at your election, may be conducted by telephone or video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.5. Arbitration Costs. If the amount of the dispute is $10,000 or less, we will pay all arbitration filing fees and arbitrator costs. For disputes over $10,000, the AAA Consumer Arbitration Rules will govern payment of filing fees and costs. Each party shall bear its own attorneys' fees unless the arbitrator determines that a party's claims were frivolous.

16.6. Class Action Waiver

You and Two Player Labs LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of class or representative proceeding.

16.7. Jury Trial Waiver

To the extent permitted by applicable law, you and Two Player Labs LLC each waive the right to a trial by jury in any action, proceeding, or counterclaim arising out of or related to these Terms.

16.8. Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes shall be resolved in the state or federal courts located in Oregon.

16.9. Time Limitation. Any claim must be filed within one (1) year after the cause of action arises, or be permanently barred.

16.10. Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.

17. Termination

17.1. Your Right to Terminate. You may stop using the App at any time by deleting your account (if you have one), uninstalling the App from your devices, and cancelling any active subscriptions through your app store.

17.2. Our Right to Terminate. We may suspend or terminate your access if you violate these Terms, we are required to by law, we discontinue the Service, or for any other reason at our discretion.

17.3. Effect of Termination. Upon termination, your license to use the App ends and you must delete all copies of the App. Sections 7 (Intellectual Property), 12-16 (Disclaimers, Liability, Indemnification, Dispute Resolution), and any other provisions that by their nature should survive, will survive termination.

18. General Provisions

18.1. Entire Agreement. These Terms, together with our Privacy Policy and any subscription terms presented at the time of purchase, constitute the entire agreement between you and Two Player Labs LLC regarding the App.

18.2. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

18.3. Waiver. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

18.4. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18.5. Force Majeure. We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, pandemics, government actions, internet outages, or third-party service failures.

18.6. Notices. We may provide notices to you through the App, via email (if you have an account with email), or by other reasonable means. You may send notices to us at [email protected].

18.7. Headings. Section headings are for convenience only and have no legal effect.

19. Changes to Terms

19.1. We may modify these Terms at any time. Material changes will be communicated through in-app notifications, email (if you have an account with email), and an updated “Last Updated” date at the top of this document.

19.2. Your continued use of the App after the effective date of changes constitutes acceptance of the updated Terms. If you disagree with any changes, you must stop using the App and, if applicable, cancel your subscription.

20. Contact Information

For questions about these Terms of Service, contact us at:

For account deletion requests, please contact us via email with the subject line “Account Deletion Request.”

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

Two Player Labs LLC:Oregon, United States

Document Version: 1.0