Please read these Terms of Service ("Terms") carefully before using the Vertical mobile application (the "App") and our website at wakevertical.com. These Terms form a binding agreement between You and Vertical governing Your access to and use of the Service. By downloading, accessing, or using the Service, You agree to be bound by these Terms. If You do not agree, do not use the Service.

Words with an initial capital letter have meanings defined below. These definitions apply whether they appear in singular or plural.

"Application" or "App" means Vertical, the software program provided by the Company and downloaded by You on any Device.

"Company" (referred to as "Vertical", "We", "Us", or "Our" in these Terms) refers to Sumit Maithani, an individual operating as a sole proprietor of the Vertical application, based in Bengaluru, Karnataka, India.

"Account" means a unique account created for You to access the Service or parts of it.

"Country" refers to India.

"Device" means any device that can access the Service, such as a phone, tablet, or computer.

"Service" refers collectively to the Application and the Website.

"Subscription" means a recurring, paid plan that unlocks premium features of the Service.

"In-App Purchase" means a purchase of digital products or features made within the Application.

"Website" refers to the Vertical website, accessible from wakevertical.com.

"You" means the individual accessing or using the Service, or the entity on whose behalf such individual is accessing or using the Service.

These Terms govern the use of the Service and set out the rights and obligations of all users. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms, which apply to all visitors and users.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are over the age of 13. The Company does not permit those under 13 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with our Privacy Policy, which describes how We collect, use, and disclose Your information. Please read the Privacy Policy carefully before using the Service.

Vertical is an alarm application designed to help You wake up and avoid snoozing. You can schedule alarms, and to dismiss an alarm You may be required to complete one or more tasks or challenges ("Missions"), such as solving a problem, performing an action, or scanning an object. Subject to Your compliance with these Terms, the Company grants You a personal, limited, non-exclusive, non-transferable, and revocable license to download and use the App on a Device that You own or control, for Your personal, non-commercial use.

THE COMPANY DOES NOT GUARANTEE THAT ANY ALARM WILL SOUND, TRIGGER, OR WAKE YOU AT THE SCHEDULED TIME. The Service relies on Your Device and its operating system, and alarm delivery may fail or be delayed for many reasons outside Our control, including but not limited to: silent or vibrate mode, volume settings, "Do Not Disturb" or focus modes, low battery or power-saving modes, the Device being turned off, restarted, or out of storage, revoked or missing notification, sound, or background-activity permissions, operating-system background limits, software updates, headphones or connected audio devices, and Device malfunctions.

You acknowledge and agree that You must NOT rely on Vertical as Your sole or primary alarm for any time-critical or safety-critical purpose. You should maintain an independent backup alarm. To the maximum extent permitted by law, the Company is not liable for any missed alarm, oversleeping, or any resulting loss, injury, or damage.

Missions may require Your attention, movement, or interaction with Your surroundings. Only attempt Missions when it is safe to do so. Do NOT attempt to complete a Mission while driving, operating machinery, or in any situation where doing so could endanger You or others. The Service is provided for general wellness and productivity purposes only and is not medical advice, nor a substitute for professional care. If You have concerns about sleep, fatigue, or a medical condition, consult a qualified professional.

To access certain features You may need to create an Account. You sign in using a third-party provider (such as Your Apple or Google account), and You are responsible for keeping that sign-in method secure and for providing accurate, complete, and current information. You are responsible for all activity that occurs under Your Account and agree to notify Us immediately of any unauthorized use. The Company is not liable for any loss arising from Your failure to safeguard Your Account.

Certain features of the Service are available through paid Subscriptions or In-App Purchases. Purchases are processed by the app store from which You downloaded the App (the Apple App Store or Google Play), and are subject to that store's terms and payment policies. Prices and available plans are shown in the App at the time of purchase.

Subscriptions automatically renew for successive periods at the then-current price unless You cancel at least 24 hours before the end of the current period. You can manage or cancel Your Subscription in Your app-store account settings. If a free trial is offered, any unused portion is forfeited when You purchase a Subscription, and the trial converts to a paid Subscription unless cancelled before it ends.

Because payments are handled by the app stores, refunds are governed by the applicable Apple or Google refund policy. The Company does not separately collect payment and generally cannot issue refunds directly, except where required by applicable law. The Company may change prices, plans, or features, and will provide notice of material changes as required.

You agree not to: (a) copy, modify, distribute, sell, or lease any part of the Service; (b) reverse engineer, decompile, or attempt to extract the source code of the App, except to the extent permitted by law; (c) use any robot, scraper, or automated means to access the Service; (d) interfere with or disrupt the integrity or performance of the Service; or (e) use the Service for any unlawful purpose or in violation of these Terms.

The Service and its original content, features, functionality, and design, including all text, graphics, logos, and software (the "Content"), are and will remain the exclusive property of the Company and its licensors, and are protected by copyright, trademark, and other laws. The trademarks and trade dress of the Company may not be used without Our prior written consent.

The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We advise You to read the terms and privacy policies of any third-party sites You visit.

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason, including if You breach these Terms. Upon termination, Your right to use the Service will cease immediately. You may stop using the Service at any time.

To the maximum extent permitted by applicable law, the entire liability of the Company and its suppliers under these Terms, and Your exclusive remedy, shall be limited to the amount actually paid by You through the Service or USD 100 if You have not purchased anything.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, including any missed alarm or oversleeping, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations, so some of the above may not apply to You.

The Service is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no warranty that the Service will meet Your requirements, be uninterrupted, timely, secure, or error-free, or that alarms will function reliably.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-law rules. You agree that the courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. Your use of the Application may also be subject to other applicable local, national, or international laws.

Notwithstanding the foregoing, nothing in this section deprives You of the protection of any mandatory consumer-protection provisions of the law of the country in which You reside, and such provisions continue to apply to the extent they cannot be excluded by agreement.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

In accordance with the Information Technology Act, 2000 and the rules made thereunder, and the Consumer Protection (E-Commerce) Rules, 2020, any grievances or complaints regarding the Service may be sent to our Grievance Officer, Sumit Maithani, by email at hello@wakevertical.com. We will endeavor to acknowledge Your complaint within 48 hours and resolve it within the timelines prescribed under applicable law.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions will continue in full force. The failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to do so at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice before the new terms take effect. By continuing to access or use the Service after revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Service.

The following additional terms apply when You download or use the App obtained from the Apple App Store or Google Play. You acknowledge and agree that:

(a) These Terms are concluded between You and the Company only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). The Company, not Apple or Google, is solely responsible for the App and its content.

(b) The license granted to You under these Terms is limited to a non-transferable license to use the App on any Apple-branded or Google-branded product that You own or control, as permitted by the usage rules of the applicable app store.

(c) Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App.

(d) In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple may refund the purchase price (if any) You paid for the App; to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App.

(e) The Company, not Apple or Google, is responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to, product-liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer-protection or similar legislation, and intellectual-property infringement claims.

(f) You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.

(g) You will comply with all applicable third-party terms of agreement when using the App, as well as the terms of service of the applicable app store.

(h) Apple and its subsidiaries, and Google and its subsidiaries, are third-party beneficiaries of these Terms, and upon Your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary.

If You have any questions about these Terms, You can contact us by email at hello@wakevertical.com.