Terms of Service

Effective date: 2026-08-18

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and SYNC ART LIMITED ("Lunawake," "we," "us"), the operator of the Lunawake application (the "App"). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

We write these Terms in plain language. They explain what the App does, what you can expect from us, and what we expect from you. Where the law gives you rights that these Terms cannot limit, those rights still apply.

2. What Lunawake is

Lunawake is a personal sleep companion. With your permission, it reads sleep and related health data from Apple Health, turns that data into sleep analysis, reports, and trends, and offers guidance and an in-app coach to help you understand and improve your sleep over time. The App works on its own; no hardware is required to use it.

3. Not medical advice

Lunawake is not a medical device, and it does not provide medical advice, diagnosis, or treatment. The analysis, scores, guidance, and coach conversations are for informational and educational purposes only. They are not a substitute for the judgment of a qualified health professional.

Do not use the App to diagnose or treat any health condition. Always seek the advice of your physician or another qualified provider with any questions about a medical condition or your sleep, and never disregard professional advice or delay seeking it because of something you read in the App. If you think you may have a medical emergency, contact your local emergency services immediately.

4. Eligibility

You must be old enough to use the App where you live. The App is not directed to children: you may not use it if you are under 13, and if you are in the European Economic Area or the United Kingdom, you may not use it if you are under 16. If you are a minor in your jurisdiction, you may use the App only with the involvement and consent of a parent or legal guardian.

5. Your account

To use the App you create an account with your email address. You are responsible for keeping your account secure and for the activity that happens under it. Provide accurate information, keep it current, and tell us promptly if you believe your account has been compromised. You may delete your data or your entire account at any time from within the App.

6. Your licence to use the App

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices that you own or control, for your own personal and non-commercial use, in line with these Terms and the Apple App Store Terms of Service. This licence does not transfer ownership of anything to you. You may not sell, rent, sublicense, or redistribute the App, and you may not copy, modify, reverse engineer, decompile, or attempt to extract the source code of the App, except to the extent that applicable law expressly permits.

7. Apple App Store terms

The App is licensed, not sold, to you, and your licence is subject to your acceptance of these Terms. Because the App is distributed through the Apple App Store, the following terms also apply. In them, "Apple" means Apple Inc.

• Acknowledgement. These Terms are between you and Lunawake only, not with Apple. Lunawake, not Apple, is solely responsible for the App and its content.
• Scope of licence. The licence granted to you in Section 6 is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. Lunawake is solely responsible for providing any maintenance and support for the App, as required by these Terms or applicable law. Apple has no obligation to furnish any maintenance or support for the App.
• Warranty. Lunawake is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Product claims. Lunawake, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product-liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
• Intellectual property. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, Lunawake, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

8. Subscriptions and payments

The App offers a free tier and paid plans. Paid plans are sold as subscriptions purchased through Apple's in-app purchase. Apple processes your payment; we do not receive or store your payment card details.

When you buy a subscription, payment is charged to your Apple Account at confirmation of purchase. Subscriptions renew automatically for the same period and price unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the period ends. You manage and cancel subscriptions in your Apple Account settings, not in the App. Cancelling stops future renewals; it does not retroactively refund the current period. Refunds, where available, are handled by Apple under the Apple Media Services Terms and Conditions.

If we change subscription prices, we will tell you in advance and, where the law requires, ask for your consent before the change takes effect.

9. Acceptable use

The App is for your own lawful, personal use. You agree to use it consistently with these Terms and applicable law, not to interfere with or disrupt its operation or security, and not to attempt to access it in ways we do not intend. You are responsible for the content you enter into the App, including your conversations with the coach.

10. Health data and Apple Health

With your explicit permission, the App reads sleep and related health data from Apple Health (HealthKit) to provide its features. You can grant or revoke this permission at any time in the iOS Settings app or the Apple Health app. How we handle your data is described in our Privacy Policy, which forms part of your agreement with us.

11. Intellectual property

The App, including its software, design, text, graphics, and the analysis and guidance it generates, is owned by Lunawake or its licensors and is protected by intellectual-property law. These Terms do not give you any right to our trademarks, logos, or brand features. Your own data remains yours; nothing in these Terms transfers ownership of your personal data to us.

12. Third-party services

The App relies on third-party services to function, including Apple for distribution and payments, a cloud hosting provider to store your account and derived insights, and a model-routing provider that gives the in-app coach access to large language models. These services operate under their own terms, and we are not responsible for their acts or omissions. The coach's responses are generated by language models and may be imperfect or inaccurate; treat them as informational, consistent with Section 3.

13. Disclaimers

The App is provided "as is" and "as available," without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the App will be uninterrupted, error-free, or secure, that its analysis or guidance will be accurate or complete, or that it will meet your particular needs. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you, and you may have rights that these Terms cannot limit.

14. Limitation of liability

To the maximum extent permitted by law, Lunawake will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of the App. To the maximum extent permitted by law, our total liability for any claim relating to the App will not exceed the greater of the amount you paid us for the App in the twelve months before the claim, or USD 50. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold Lunawake harmless from claims and costs arising out of your misuse of the App or your breach of these Terms. This does not apply to the extent a claim results from our own breach of these Terms or from our negligence.

16. Changes to the App and these Terms

We may add, change, or remove features of the App, and we may update these Terms from time to time. When we make material changes to these Terms, we will update the effective date above and, where appropriate, notify you in the App. Continued use of the App after changes take effect constitutes acceptance of the updated Terms. If you do not agree to a change, stop using the App and you may delete your account.

17. Termination

You may stop using the App and delete your account at any time. We may suspend or end your access if you materially breach these Terms or if we are required to by law. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — survive.

18. Governing law and disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-laws rules, and the courts of Hong Kong have non-exclusive jurisdiction over any dispute. This choice of law does not deprive you of the protection of mandatory consumer-protection rules of the country where you live.

19. General

These Terms, together with our Privacy Policy, are the entire agreement between you and us about the App. If any part of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a provision is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours in connection with a merger, acquisition, or sale of assets, subject to these Terms.

20. Contact us

For any question about these Terms, contact:

SYNC ART LIMITED Flat/Rm 12B1, 9/F, Harbour Crystal Centre, 100 Granville Road, Tsim Sha Tsui East, Kowloon, Hong Kong support@lunawake.ai