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Términos de Servicio

WAKEBEAR APP™ — TERMS AND CONDITIONS OF USE (v1.0)

Last updated: July 07, 2026. Effective from: July 07, 2026.

Legal Controller and Software Owner

In accordance with the laws of the Republic of Peru and Google Play Developer Policies, the exclusive owner of intellectual property rights, trademark, and commercial exploitation of the WakeBear application is:

By downloading, installing, or using the WakeBear application ("the App"), you agree to be bound by these Terms and Conditions. The authoritative and interpretable language of this document is strictly Spanish.

1. Description of Service and Technological Differentiation

WakeBear is a continuous background geolocation alarm and assistance tool designed to alert the user when their transport vehicle approaches a configured destination. The App regulates its hardware capabilities and algorithmic sensitivity based on the user's active subscription tier:

  • Courtesy Trial Period (GUEST Trial): Grants a fixed quota of three (3) single-use trips (Trial) to evaluate the technology. It is restricted exclusively to urban surface transport (Taxi) with a short-range geofence radius limited to 250 meters. Once the credits are depleted, an active subscription is required to continue using the service. It is non-renewable.
  • PREMIUM Plan ($5.55/month): Grants a fixed quota of 60 monthly trips. Enables monitoring on Bus, Taxi, Subway, and Trains with an optimized radar of up to 450 meters range and access to the "Inertial Tunnel Engine" for underground journeys of up to one (1) continuous minute.
  • PRO PLUS Plan ($7.10/month): Grants a fixed quota of 80 monthly trips. Unlocks 100% of the GPS hardware enabling ALL means of transport (including Airplane and fast interprovincial routes) with a tactical long-range radar of up to 1 Kilometer (1000m), access to the Inertial Engine for up to two (2) minutes underground, and exclusive activation via Exact Decimal Coordinate Entry Mode. This high-tech feature is reserved solely for this plan and requires online connectivity at startup to validate account integrity.

1.1 Fair Usage Policy (FUP) and Monetization

To protect the integrity of external mapping services and API costs, destination searches are subject to a Fair Usage Policy (FUP) of daily queries: GUEST (3 daily searches), PREMIUM (5 daily searches), and PRO PLUS (8 daily searches).

  • If your plan's query limit is reached, the search radar will not be blocked; however, the user must view a rewarded advertisement (monetization via external providers such as Google AdMob) to be able to start the trip, regardless of the active plan.
  • Important: The advertising reward grants the right to start destination tracking, but will never grant or recharge consumable Trip balances. Any manual alteration of the device's clock to evade this limit will automatically deny access through physical validation of uptime (Kernel Uptime).

1.2 Operational Resilience and Hardware Permissions (Active Protection)

To strive to ensure you receive the alert at your destination, WakeBear is designed with an advanced resilience architecture ("Phoenix Pattern"). Upon starting a trip, the App requires certain advanced permissions on your device to attempt to monitor and protect your journey:

  • Recovery after Accidental Closures (Swipe-to-Kill): If the operating system or the user closes the application from the "Recents" screen, the background service will attempt to restore the process as soon as possible so that monitoring is not interrupted. Location tracking is designed to stop only when you press the "STOP" or "DONE" button on the application's official interface, subject to Android resource restrictions.
  • Mute and Do Not Disturb (DND) Override: To help prevent you from missing your stop due to oversight, the alarm is configured to play on Android's priority channel, attempting to override previous "Silent Mode," "Vibrate," or "Do Not Disturb" settings, waking up the screen and emitting sound at the available alarm volume, always depending on device manufacturer configurations and restrictions. These features aim to maximize the App's effectiveness as your travel assistance tool, prioritizing timely notification over regular system power and sound restrictions.

1.3 Priority List and Early Access (Pre-launch Phase)

WakeBear may operate, prior to its general public launch, a pre-launch web platform or "Waitlist" designed to register the interest of potential users, testers, and early access applicants. Registration in this log is purely informational and indicative; it does not constitute a service provision contract. Furthermore, registration does not guarantee spot availability, does not assure a specific launch or deployment date, and does not grant vested rights over future features, subscription tiers, or pricing conditions.

The allocation of spots for early access, if carried out, will be done at the owner's sole discretion, and may be subject to the chronological order of registration, technical or operational limitations, or strict spot availability. Under no circumstances will the act of registering on the waitlist imply the automatic acceptance of the applicant as a tester, investor, beta user, or beneficiary of preferential or unrestricted access.

Iniciativa Peruana reserves the absolute and unilateral right to modify, pause, extend, suspend, or permanently cancel the pre-launch phase, the operation of the priority list, or the development of the WakeBear project in its entirety and at any time, without such actions generating any obligation of prior notification, compensation, indemnification, reimbursement, or redress in favor of the registered user.

The pre-launch phase, waitlist registration, and any related web campaigns are provided "as is" and strictly "as available", disclaiming any express or implied warranties of operational continuity, predetermined duration, or achievement of a specific commercial result.

2. Account, Authentication, and Anti-Fraud Measures

  • Mandatory Authentication: To access the App, it is mandatory to have a valid Google account via Firebase Authentication. Each Google account (Firebase UID) corresponds to exactly one unique WakeBear account.
  • Single Active Session Banking Control: WakeBear incorporates a security lock that validates the login timestamp (auth_time) on the Google server. It is expressly prohibited to share credentials for simultaneous account use on multiple devices. Detecting a subsequent login will automatically invalidate the previous device's session via a Firestore read rejection.
  • Trial Abuse Prevention: Creating multiple Google or Firebase accounts to evade the paywall and reuse the trial period constitutes a material abuse. WakeBear verifies eligibility by cross-referencing the UID, IP, and device fingerprint encrypted in the trials_used collection. Violations will result in immediate account suspension without the right to claim.

3. Payment Terms, Renewal, and Refunds

  • Upfront Pre-Billing Model: The application operates under an upfront billing model. The trip token (Guest Plan) or monthly plan credit is deducted from your balance at the exact moment you press the 'Start' button. At that atomic instant, the App captures a session start timestamp (active_geofence_start_time) and the initial distance in an encrypted manner.
  • Point of No Return (PNR) and Automated Refunds: As an equity policy (Geometric-Temporal Double Lock), the system is programmed to process an automatic refund of the deducted credit if the user cancels (STOP) the trip simultaneously meeting both conditions: (a) The physical distance traveled from the origin point is strictly less than 200 meters, and (b) the time elapsed since activation is less than 3 minutes (180 seconds). Additionally, the system contemplates an automatic refund for quick cancellation if it occurs in less than 1 minute. Exclusionary condition: These refunds will not apply under any circumstances if the alarm has already been activated or triggered (alarm_triggered).
  • Financial Processing: All transactions are managed entirely through Google Play Billing. WakeBear does not store or access credit card data or payment methods.
  • Strict Monthly Expiration: Subscriptions renew automatically at the end of each monthly period, unless manually canceled 24 hours in advance from the Google Play dashboard. Monthly trip quotas (60 or 80 depending on the plan) expire at the end of the billing month and DO NOT roll over or transfer to the next cycle.
  • Harmonized Refund Policy: In strict compliance with Article 45 of Law N° 29571 (Consumer Protection Code of Peru) for distance commerce, the user has the right to request restitution of their money within seven (7) business days after purchase for digital subscriptions. Additionally, the two (2) hour automatic refund window provided by Google Play servers is respected. Any subsequent legal request must be channeled through support@wakebear.app.

4. Operational Liability Limitation

WakeBear is a convenience and assistance tool for daily commutes; it is not infallible and must not be used as a life safety system, mission-critical control, or in situations where failure represents a risk of severe physical or property damage.

To the fullest extent permitted by applicable law (including Law N° 29571), the owner's liability is limited to the reasonable provision of the service, and shall not assume liability for missed stops, delays, lack of sleep, or damages resulting from interruptions in the use of the App, considering that proper operation depends on external factors beyond the software's control:

  • The satellite accuracy of the GPS chip (with an optimal margin of ±10 meters) which severely degrades in tunnels or urban canyons.
  • Restrictions and forced closures of background processes applied by device manufacturers' battery optimizations (OEM layers such as MIUI, FuntouchOS, OxygenOS).
  • The "Inertial Tunnel Engine" is a mathematical kinematic estimation based on the last known surface speed and does not constitute a real satellite positioning system.
  • The decompression of Google Maps shared links is an automated software assistance tool. WakeBear does not guarantee 100% link resolution if Google's external servers alter the routing structure of their shortened URLs, or if the user lacks a stable network connection (Handshake) at the bus stop when processing the request.
  • Initial Connectivity Required: The App requires internet connection at the exact moment of startup to validate the session and balance (Handshake) with the servers. Starting the trip in Airplane Mode or without active connectivity will prevent service activation.

5. Intellectual Property, Applicable Law, and Jurisdiction

All source code, Inertial Tunnel Engine logic, neon user interfaces, logos, trademarks, and the compiled WakeBear binary are the exclusive intellectual property of Luis Angel CG / Iniciativa Peruana. Reverse engineering, decompilation, or redistribution of modified copies of the APK is prohibited.

These Terms are governed by the laws of the Republic of Peru (Law N° 29733, D.S. 016-2024-JUS, and Law N° 29571). Any dispute not resolved by direct negotiation shall be submitted before the courts of Lima, Peru. For controversies involving amounts under PEN 1,000, the parties agree to submit to binding arbitration administered by the Lima Chamber of Commerce Arbitration Center.