Terms of Use

Interpretation and Definitions

Words with capitalized initials have the meanings defined below. These definitions apply whether a term appears in the singular or plural.

• Application means the software program provided by the Company and downloaded by you on any electronic device, named Roost.
• Application Store means the digital distribution service operated by Apple Inc. (Apple App Store) or Google LLC (Google Play Store) through which the Application is distributed.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Country refers to the United States.
• Company (referred to as "the Company," "We," "Us," or "Our" in these Terms) refers to Ponuz, LLC.
• Device means any device that can access the Service, such as a smartphone or tablet.
• Feedback means feedback, innovations, or suggestions you send us regarding the attributes, performance, or features of the Service.
• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
• In-app Purchase refers to the purchase of a product, item, service, or Subscription made through the Application and subject to these Terms and the Application Store's own terms and conditions.
• Registered User refers to the individual who has an active account registered on the Company's servers. A Registered User is subject to all clauses regarding the User in these Terms.
• Service refers to the Application and any related websites operated by the Company, including roostalarm.app.
• Subscription refers to the paid access to the Service offered on a recurring basis by the Company.
• Terms (also referred to as "Terms of Use") mean these Terms, which form the entire agreement between you and the Company regarding use of the Service, together with the Privacy Policy.
• You (also referred to as "the User") means the individual accessing or using the Service.

Acknowledgment

These Terms govern the use of the Service and the agreement between you and the Company. They set out the rights and obligations of all users regarding use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. 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.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Please read it carefully before using the Service.

1. Eligibility

You must be at least 16 years old to create an account or use the Service. By using the Service, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of a minor who does not meet this requirement, you may not do so.

2. User Account

Registration

You register an account with an email address and sign in using a one-time code sent to that address — Roost does not use passwords, and there is no anonymous or guest mode. You are responsible for maintaining access to the email address associated with your account and for all activity that occurs under your account. Notify us promptly at contact@roostalarm.app if you suspect unauthorized use of your account.

Deregistration

A Registered User has the right to deregister at any time by using the "Delete Account" option in the App's Settings. Deleting your account permanently removes your synced profile, alarms, alarm history, achievements, and entitlement records, as described in our Privacy Policy. You may register again afterward with the same email address, subject to these Terms.

3. Subscriptions

Subscription Period

Roost is a premium, subscription-based application: the Service is only available through a paid Subscription purchased as an In-app Purchase through the Apple App Store or Google Play. Subscriptions automatically renew under the same conditions unless canceled, and are billed periodically (for example, monthly or annually) according to the plan selected at purchase.

Subscription Cancellations

You may cancel your Subscription renewal through the relevant Application Store — Ponuz does not control store billing and cannot process cancellations directly. You will not receive a refund for fees already paid for your current Subscription period, and you will be able to access the Service until the end of that period. Deleting your Roost account does not cancel your Subscription with Apple or Google; you must cancel separately through your Apple ID or Google Play account settings to stop future charges.

Billing

All billing for the Subscription is handled by the Application Store and governed by that Application Store's own terms and conditions and payment methods, in addition to these Terms. Ponuz does not directly collect or store your payment card information.

Fee Changes

The Company, in its sole discretion, may modify Subscription fees. Any fee change will become effective at the end of the then-current Subscription period, and the price shown in the App Store or Google Play listing at the time of your renewal controls. Your continued use of the Service after a fee change takes effect constitutes your agreement to pay the modified amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable by the Company. Because billing is handled entirely by the Application Store, the Application Store's refund policy applies; if you wish to request a refund, contact the Application Store directly.

4. Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period. You may be required to enter your billing information with the Application Store to start the Free Trial. If you do, you will not be charged until the Free Trial has expired. On the last day of the Free Trial, unless you have canceled, you will be automatically charged the applicable Subscription fee for the plan you selected. At any time and without notice, the Company reserves the right to modify or cancel the Free Trial offer.

5. In-app Purchases

The Application may include In-app Purchases that allow you to buy a Subscription. More information about managing In-app Purchases may be available in the Application Store's own terms or your Device's help settings. In-app Purchases can only be consumed within the Application, cannot be canceled once a download has begun, and cannot be redeemed for cash or otherwise transferred. All billing and transaction processes for In-app Purchases are handled by the Application Store and governed by that Application Store's own terms; for payment issues, contact the Application Store directly.

6. Referral Program

Roost may let you share a referral code with others. If a person you refer becomes a paying subscriber, you and/or they may receive a reward in the form of additional free subscription time, as described in the App. Referral rewards are not redeemable for cash, are non-transferable except as expressly permitted by the App, and we may modify, limit, or discontinue the referral program, or void rewards obtained through fraud or abuse of the program, at any time.

7. Acceptable Use

When using the Service, you agree not to:

• Violate any applicable law or regulation.
• Submit, through a photo or drawing challenge or otherwise, content that is unlawful, infringing, obscene, or that depicts another person without their consent.
• Attempt to circumvent, disable, or interfere with any security-related or challenge-verification feature of the Service.
• Reverse-engineer, decompile, or attempt to extract the source code of the App, except to the extent applicable law expressly permits it.
• Use automated means to access the Service in a way that sends more requests than a human could reasonably produce, or to abuse the referral program.
• Misrepresent your identity or impersonate any person or entity.
• Resell, sublicense, or commercially exploit the Service without our prior written consent.

We may suspend or terminate your account if we reasonably believe you have violated this section.

8. Challenge Submissions and User Content

Some alarms require you to complete a photo, drawing, or exercise challenge to be dismissed, as described in our Privacy Policy. When you submit a photo or drawing for verification, you grant us a limited, non-exclusive, worldwide, royalty-free license to process that submission solely to verify it against the requested prompt using our third-party verification provider; we do not store these submissions, and we do not use them for any other purpose, such as training our own models or marketing.

You represent that any photo or drawing you submit is your own to submit, does not depict another identifiable person without their consent, and does not violate any law or third party’s rights. Because verification is automated, submissions are not reviewed by a human before being processed.

Your Feedback to Us

You assign all right, title, and interest in any Feedback you provide to the Company. If for any reason such assignment is ineffective, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit that Feedback without restriction.

9. Intellectual Property

The Service and its original content (excluding content you submit), features, and functionality are and remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and other countries. Our trademarks — including "Roost" and associated logos — and trade dress may not be used in connection with any product or service without our prior written consent.

10. Health, Safety, and Wellness Disclaimer

Roost is designed to support healthy wake-up routines. It is not a medical device, is not intended to diagnose, treat, cure, or prevent any medical condition or sleep disorder, and is not a substitute for professional medical advice. If you have concerns about your sleep, health, or a medical condition, consult a qualified healthcare provider.

11. Alarm Reliability Disclaimer

The Roost Application is a productivity and lifestyle tool intended to assist you in waking up. It is not a safety-critical, medical, or fail-safe alerting system, and you should not rely on it as your sole means of waking up for any obligation, appointment, flight, shift, medication schedule, examination, or other time-sensitive event.

Alarm delivery depends on factors outside the Company's control, including but not limited to your device's power state, operating system behavior, Do Not Disturb or focus modes, volume and silent-switch settings, background-app restrictions, software updates, network connectivity, and hardware faults. On iOS versions prior to system-level AlarmKit support, force-quitting the App or restarting your device can prevent an alarm from sounding, and on any supported platform, the operating system killing the App while backgrounded can affect reliability.

To the maximum extent permitted by applicable law, the Company and its suppliers are not liable for any failed, delayed, missed, silent, or misfiring alarm, or for any consequences arising from such an event, including without limitation missed work, lost wages or income, missed transportation, missed appointments, academic or professional penalties, disciplinary action, termination of employment, or any other direct, indirect, incidental, special, consequential, or punitive damages. You acknowledge that you assume all risk associated with relying on the Service and agree to maintain an independent backup alarm for any wake-up event of material importance.

12. Links to Other Websites

The Service may contain links to third-party websites or services 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 strongly advise you to read the terms and privacy policies of any third-party websites or services you visit.

13. Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. You may stop using the Service and delete your account at any time as described in Section 2.

14. "AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE CONTENT AND MATERIALS INCLUDED IN IT; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ALARM WILL SOUND AS SCHEDULED; (III) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

NOTWITHSTANDING ANY DAMAGES YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID THROUGH THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR 100 U.S. DOLLARS IF YOU HAVEN'T PAID ANYTHING THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, 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 DAMAGES RESULTING FROM A MISSED, LATE, OR MISFIRED ALARM AS DESCRIBED IN SECTION 11 — EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to indemnify and hold the Company and its officers, employees, Affiliates, and service providers harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your misuse of the Service, or content you submit through the Service.

17. Governing Law

The laws of the State of Delaware, excluding its conflict-of-laws rules, govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

18. Dispute Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve it informally by contacting us at contact@roostalarm.app. If we cannot resolve a dispute informally, you and the Company agree that it will be brought exclusively in the state or federal courts located in Bexar County, Texas, and you consent to the personal jurisdiction and venue of those courts. These Terms do not require arbitration and do not include a class-action waiver.

For European Union (EU) consumers: you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this section prevents you from bringing a claim in the courts of your country of residence or from relying on mandatory consumer protections available to you under EU law.

United States Federal Government End Use Provisions

If you are a U.S. federal government end user, the Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

19. Severability and Waiver

Severability

If any provision of these Terms is held unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms will not affect a party's ability to exercise that right or require that performance at any time thereafter, nor will the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms are made available to you in both English and Spanish. You agree that the original English text will prevail in the case of a dispute or any discrepancy between the two versions.

20. Changes to These Terms

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, through the App, the Site, or by email. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

21. Contact Us

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

Ponuz, LLC

301 Blanco Road, San Antonio, TX 78212, United States

Email: contact@roostalarm.app

Website: roostalarm.app

These Terms of Use were last updated and became effective on August 1, 2026.