The Wakeful App

Terms of Service

Version 2.0 · Effective September 24, 2026

The Wakeful App is free to use for up to three memorials. The optional Business Plan is a monthly subscription billed through Apple. Questions go to support@thewakefulapp.com.

1. Acceptance of Terms

By creating an account or using The Wakeful App (the "App"), operated by The Wakeful App LLC ("we," "us," "our"), you agree to these Terms of Service ("Terms") and our Privacy Policy. If you don't agree, please don't use the App.

2. What the App Does

The Wakeful App lets family and friends coordinate around a deceased loved one's memorial and burial through a private, invitation-only memorial: a profile of the deceased, a eulogy or tribute, an event schedule with directions, a shared photo album, and a burial-location map. The App is a coordination tool. It does not provide funeral, legal, financial, or estate-planning services, and information in a memorial (including a pinned burial location or an event address) is entered by users and is not verified by us.

3. Eligibility and Accounts

You must be at least 13 years old to create an account; if you are under 18, you should have a parent or guardian's permission. Creating a memorial — and so becoming its Super Admin, managing information about a deceased person, and inviting others — requires that you be at least 18.

You are responsible for keeping your password secure, for all activity under your account, and for giving accurate information when you sign up. We may ask you to verify your email address.

4. Price, Business Plan, and License

The App is free to download and use on the Free plan, which lets each account create or join up to three memorials at a time, whether as a Super Admin, an Administrator, or a Member. To create or join a fourth, leave one of your current memorials first, or subscribe to the Business Plan.

Business Plan (auto-renewing subscription). The Business Plan removes the three-memorial limit for your account. It is priced at US$39.99 per month (or the local equivalent set by Apple, shown in the App before you subscribe), billed to your Apple ID through the App Store. Payment is charged at confirmation of purchase. The subscription renews automatically each month unless you cancel at least 24 hours before the end of the current period; your Apple ID is charged for renewal within 24 hours before the period ends. You can manage or cancel it in your device's Settings → Apple ID → Subscriptions. Cancelling stops future charges but does not refund the current period; you keep Business Plan features until it ends, after which your account returns to the Free plan. You are not removed from memorials you already belong to, but you cannot create or join more until you are under the free limit again. The Business Plan applies to your account only and has no effect on the memorials other people create or join.

Payment is processed entirely by Apple under its own terms; we never receive your card details or Apple ID password. If you reinstall the App or move to a new device, use Settings → Restore Purchases while signed in to the same Apple ID. Refunds are handled only by Apple under Apple's refund policies (for example, through reportaproblem.apple.com); we cannot issue refunds for App Store purchases ourselves. We may change the price or the free limit for the future; a price change takes effect only at your next renewal and only after Apple has notified you.

We give you a personal, non-exclusive, non-transferable license to use the App on Apple devices that you own or control, as permitted by Apple's App Store Usage Rules. You may not copy, resell, rent, or redistribute the App.

5. Roles and Permissions

Every memorial has three kinds of participant:

  • Super Admin — the person who created the memorial. The Super Admin has every Administrator right and is the only person who can delete the memorial. No one else can remove the Super Admin from the memorial or take away their rights.
  • Administrators — people the Super Admin or another Administrator has promoted. Administrators can edit the memorial profile, photo, and eulogy; manage events; add and remove photos in the album; pin and share the burial location; replace the invitation code; promote Members to Administrator; change an Administrator back to a Member; and remove Members and other Administrators. Administrators cannot remove, demote, or change the Super Admin, and cannot delete the memorial.
  • Members — everyone else who joins. Members can view the memorial, its eulogy, events, map, and photo album, get directions, and invite others, but cannot edit the profile, eulogy, or events, add or remove photos, or manage other people.

Only promote someone you trust with full control over the memorial's content and membership. If the Super Admin deletes their account, the Super Admin role passes automatically to the memorial's longest-standing Administrator, or to its longest-standing Member if there is no other Administrator (see Section 9).

The burial-plot location, where set, is visible inside the App only to that memorial's signed-in members. Members may open it in Apple Maps on their own device for directions, but it is not otherwise exported or published by the App.

6. Invitations

Every memorial has a short invitation code (for example, SMIT-7K3Q9P). Any member can share it by text message, email, a QR code, or any other app, and can also invite someone by email address. Everyone who joins with a code or an email invitation joins as a Member; only an Administrator or the Super Admin can later make someone an Administrator. Administrators can replace the code at any time, after which the old code stops working (people who already joined stay in the memorial).

Only invite people you reasonably believe the family would want included and who would expect to hear from you. Invitation messages are sent from your own device and apps, in your name. Anyone who signs in with a verified email address matching a pending email invitation will be added to that memorial as a Member, subject to the free limit in Section 4.

7. Your Content

You keep ownership of what you submit — a description, a eulogy, an event, a photo. By submitting it, you give us a limited license to store, process (for example, resizing a photo so it fits), and display it within the relevant memorial, to that memorial's members, for as long as the memorial exists. You are responsible for having the right to share what you upload, and for its accuracy. Content you contribute to a memorial becomes part of that memorial's shared history and may remain after you leave or delete your account (see Section 9).

8. Acceptable Use

You agree not to: impersonate another person or misrepresent your relationship to the deceased; post content that is unlawful, harassing, or that violates someone's privacy; send invitations to people who haven't asked for or wouldn't expect them, or use invitations for spam; misuse Administrator rights to remove, exclude, or mislead family members in bad faith; attempt to access a memorial you haven't been invited to, or another person's account; or reverse-engineer or interfere with the App's operation or security.

Given the sensitivity of this space, please treat other members with the care and respect you would want during a family loss.

9. Leaving, Account Deletion, and Termination

  • Deleting your account. You can delete your account at any time from Settings → Delete Account; you may need to sign in again first. Deletion is permanent. It removes your login and profile and removes you from every memorial. For any memorial where you are the Super Admin, the role passes to the longest-standing Administrator (or, if there is none, the longest-standing Member); a memorial with no other members is deleted. Content you contributed to memorials that remain, such as memorial photos and events, stays with those memorials.
  • Removal by an Administrator. A Super Admin or Administrator may remove a Member or another Administrator from a memorial. The Super Admin cannot be removed.
  • Deleting a memorial. Only the Super Admin can delete a memorial. Deletion permanently removes it for every member and cannot be undone.
  • By us. We may suspend or terminate an account that violates these Terms, or that we reasonably believe is being used to harass, harm, or defraud another user.

10. Assumption of Risk

The App is a coordination tool filled with content from its users. Information in a memorial — a pinned burial location, an event's date, time, or address, a description, or a eulogy — is entered by users and is not verified by us. Directions are provided by Apple Maps based on the address or location entered. You assume all risk from relying on that information, from using directions or location data, and from your interactions with other users.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION IN A MEMORIAL — INCLUDING A BURIAL LOCATION PIN, EVENT DETAIL, OR DIRECTIONS — IS ACCURATE, COMPLETE, OR CURRENT.

12. Release of Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE WAKEFUL APP LLC, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE "RELEASED PARTIES") FROM ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND DAMAGES OF ANY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED TO YOUR USE OF THE APP — INCLUDING CONTENT POSTED BY ANOTHER USER; A DISPUTE WITH ANOTHER USER, AN ADMINISTRATOR, OR A SUPER ADMIN, INCLUDING OVER ROLES OR REMOVAL FROM A MEMORIAL; ANY INACCURACY IN A MEMORIAL, INCLUDING A BURIAL LOCATION PIN, EVENT DETAIL, OR DIRECTIONS; AND THE LOSS OF ANY CONTENT, INCLUDING AFTER A MEMORIAL IS DELETED OR AN ACCOUNT IS DELETED.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, GOODWILL, OR EMOTIONAL DISTRESS, ARISING FROM THE APP, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) THE RELEASED PARTIES' TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO US, INCLUDING ANY SUBSCRIPTION, IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (ii) FIFTY U.S. DOLLARS (US$50).

Some jurisdictions do not allow certain exclusions or releases (for example, for gross negligence, willful misconduct, fraud, or personal injury). There, Sections 10–13 apply only to the extent the law allows.

14. Indemnification

You agree to indemnify and hold harmless the Released Parties from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from your use of the App, your content, invitations you send, your use of Administrator or Super Admin rights, your violation of these Terms, or your violation of another person's rights.

15. Third-Party Services

The App relies on third-party services, including Google Firebase (sign-in, database, storage, crash reporting), Apple (App Store downloads, subscriptions and refunds, Apple Maps, notifications), RevenueCat (subscription status), and OpenStreetMap (map images). Your use of those features is also subject to those providers' terms, and we are not responsible for their availability or actions.

16. Apple App Store Terms

These Terms are between you and The Wakeful App LLC, not Apple Inc. ("Apple"), and we — not Apple — are solely responsible for the App and its content. In addition:

  • Your license to use the App is limited as described in Section 4 and by Apple's Usage Rules.
  • Apple has no obligation to provide any maintenance or support for the App.
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the App. Any other claims, losses, liabilities, damages, costs, or expenses from a failure to conform to a warranty are our responsibility, to the extent they cannot be disclaimed under these Terms.
  • We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and consumer protection, privacy, or similar claims.
  • If a third party claims that the App or your possession or use of it infringes their intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
  • You must comply with any applicable third-party terms (for example, your mobile carrier's) when using the App.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

17. Force Majeure

We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including an outage of a third-party service we rely on.

18. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in California, and you consent to their jurisdiction, except where applicable consumer-protection law gives you the right to bring a claim where you live.

19. Severability

If any provision is found unenforceable, the rest remains in effect, and the provision will be modified to the minimum extent needed to make it enforceable.

20. Entire Agreement

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App.

21. Changes to These Terms

We may update these Terms. If we make material changes, we will notify you in the App, update the version and date above, and may ask you to accept them before you continue.

22. Contact Us

Questions about these Terms? Contact The Wakeful App LLC at support@thewakefulapp.com, or visit thewakefulapp.com.