Welcome to Awaken, a product of Pureplay Studios Ltd and Creating LLC ("Awaken," "we," "us," "our"). Awaken provides AI-driven coaching, journaling, reflection, and related services (collectively, the "Services") through our website at awaken.is (the "Site") and the Awaken iOS application (the "App"). These Terms of Service ("Terms") govern your access to and use of the Site and App (together, the "Platforms"). By creating an account or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

If you have any questions regarding these Terms or our Services, please contact us at:

1Acceptance of Terms

1.1 Binding Agreement

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (collectively, the "Agreement"). If you do not agree, you may not use the Services.

1.2 Eligibility

You must be at least 16 years old (or the age of majority where you live, if higher) to have an account, or at least 13 in the United States.

2Changes to These Terms

We may modify these Terms at any time at our sole discretion. If we do, we will provide notice by posting the updated Terms on our Site or by other reasonable means. Your continued use of the Services following the posting of changes constitutes acceptance of the updated Terms. If you do not agree with any changes, you must stop using the Services.

3Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data. For users in the United States, Awaken complies with the California Consumer Privacy Act (CCPA) and other applicable privacy laws.

4Use of the Services

4.1 Account Creation

To access certain features of the Services, you may need to create an account. You agree to provide accurate and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and all activity under your account.

4.2 Prohibited Conduct

You agree not to use the Services in any way that:

• Violates any applicable law or regulation, including privacy, intellectual property, or data protection laws.
• Infringes upon the rights of others, including their intellectual property or privacy rights.
• Is fraudulent, harassing, hateful, pornographic, defamatory, or incites violence or the exploitation of minors.
• Attempts to gain unauthorized access to systems, accounts, or other networks.
• Disrupts, degrades, or interferes with the normal operation of the Services (including placing an unreasonable load on our infrastructure or distributing malware).

4.3 No Medical or Therapeutic Services

Awaken is not a mental health service and does not provide therapy, counseling, medical, or psychiatric services. The Services are intended for general self-improvement and personal reflection purposes only. If you require mental health support, please seek help from a qualified healthcare professional or emergency services.

4.4 Listening around other people

Listening hears the people near you and, if you turn on Hear call audio on the Mac, the people on your calls. You are responsible for using it lawfully: letting people know when Awaken is listening, getting their agreement where the law requires it, and not using it where recording or listening is not allowed. Do not use listening to capture conversations you are not part of, or to monitor anyone. We may suspend listening for accounts that misuse it.

5Subscription & Payment Terms

5.1 Subscription Plans

Awaken offers auto-renewing subscriptions: Awaken Beyond and Awaken Boundless, which include a monthly amount of Essence, and Awaken Unlimited. Each is available with monthly or annual billing. Plans, prices and what they include are shown in the app and on our website before you buy. Introductory or promotional prices apply for the period stated when you subscribe, after which the regular price applies.

5.2 Billing & Auto-Renewal (Web Purchases)

• Processing: When you subscribe through the Site, payments are processed via our third-party payment processors (including Stripe). You authorize Awaken and our payment partners to charge the payment method you provide.
• Auto-Renewal: Subscriptions renew on the cadence you select (monthly or annually) until you cancel. Renewal charges are billed in advance on the first day of each renewal period.
• Regulatory Compliance: We comply with applicable automatic renewal laws, including California automatic renewal requirements, and will provide renewal reminders when required.

5.3 Billing & Auto-Renewal (Apple App Store Purchases)

• Apple ID Billing: When you subscribe through the App, the purchase is charged to your Apple ID account at confirmation. Apple retains the transaction record.
• Automatic Renewal: Subscriptions renew automatically through your Apple ID—monthly or annually, depending on the option you selected—within 24 hours before the current period ends at the price shown in the App Store, unless you cancel.
• Management: You can manage or cancel App Store subscriptions at any time by going to Settings > [your name] > Subscriptions on your device and selecting Awaken.
• Trials: If a free trial is offered, any unused portion is forfeited when you purchase a subscription before the trial ends.
• Refunds: Refund requests for App Store purchases must be submitted to Apple. Apple’s refund policies apply.

5.4 Cancellations & Refunds

• Web Purchases: You may cancel at any time through your Awaken account settings or by contacting support@awaken.is. Access to Paid Services continues until the end of the current billing period. Refunds are provided where required by applicable law.
• Apple App Store Purchases: Cancellation must be completed through Apple as described in Section 5.3. Access continues until the period ends, and refunds are governed exclusively by Apple’s policies.

5.5 Essence

Essence is how use of listening, talking and messaging is measured on Beyond, Boundless and the free plan. The Essence a plan includes is renewed every month, including on annual billing, and unused monthly Essence does not carry over to the next month. On the website, when your subscription ends, or when you move from Beyond monthly to Beyond annual or to Boundless, or from Boundless monthly to Boundless annual, the monthly Essence you have left is added to the Essence you have bought. Essence has no cash value, cannot be transferred or exchanged for money, and is used up as you use the Service. Essence that has been used is not refundable. We may change how much Essence an activity uses, and will tell you before a change takes effect.

5.6 Awaken Unlimited

Awaken Unlimited lets you listen, talk and message with your coaches as much as you like in everyday use, without counting Essence. It is for one person's own use and is subject to our Fair Use Policy, which sets daily limits well above normal use. While you are on Unlimited, your Essence balances are left as they are, and Essence you have bought is available again if you change plans. If you move from Unlimited to Beyond or Boundless, monthly Essence restarts at that plan's allowance. We may suspend Unlimited for accounts that are shared, resold or used by software rather than a person.

On the website, moving to Unlimited from Beyond or Boundless, or from monthly to annual Unlimited, takes effect straight away: you are charged for the new plan, less a credit for the unused part of your current one, and your billing period starts again that day. Moving from Unlimited to Beyond or Boundless, or from annual to monthly Unlimited, takes effect at the end of your current billing period.

6Governing Law & Dispute Resolution

6.1 Governing Law

• For U.S. Users: These Terms shall be governed by the laws of the State of California, unless otherwise required by your state of residence.
• For Non-U.S. Users: These Terms are governed by the laws of England and Wales.

6.2 Arbitration & Class Action Waiver (U.S. Users)

• Binding Arbitration: Any dispute shall be resolved through binding arbitration under the Federal Arbitration Act (FAA) and administered by the American Arbitration Association (AAA).
• Class Action Waiver: By using the Services, you waive your right to participate in class-action lawsuits against Awaken.
• Opt-Out Option: You may opt out of arbitration by notifying us within 30 days of first accepting these Terms.

7AI Usage Notice & Disclaimer

Awaken uses third-party AI services, including language models, transcription, and text-to-speech providers ("AI Providers"). For U.S. users, Awaken complies with Federal Trade Commission (FTC) AI transparency guidelines.

AI-generated content may be:

• Incorrect, incomplete, or outdated.
• Transmitted in plaintext for processing by AI Providers.
• Processed by AI Providers to provide the Service. We do not use it to train AI models.

You should not rely on AI-generated content for professional, medical, legal, or financial advice without independent verification.

8Accessibility (ADA Compliance)

We are committed to digital accessibility and comply with applicable accessibility standards, including the Americans with Disabilities Act (ADA). If you require accommodations, please contact support@awaken.is.

9Contact Information

For U.S. users:

Creating LLC
131 Continental Drive, Suite 305, Newark, DE 19713, USA
Email: support@awaken.is

For non-U.S. users:

Pureplay Studios Ltd
Suite LP7356, 20-22 Wenlock Road, London N1 7GU, UK
Email: support@awaken.is