---
title: "Terms of Service | Wake"
description: "The terms that govern use of the Wake platform, apps and services."
url: https://wake.inc/terms/
---

# Terms of Service

Last updated: September 16, 2026

## Welcome To Wake!

These Terms of Service (“Terms”) govern your access to and use of Wake (the “Service”), operated by Wake Inc. (“Wake”, “we,” “us,” or “our”). By creating an account, submitting content, or otherwise using the Service you agree to these Terms. If you do not agree, do not use the Service. If you upload, record, submit, or otherwise provide content to the Service, you must also accept the [Contributor Agreement](https://wake.inc/contributor-agreement/), which is incorporated into these Terms by reference and governs your submissions. You can reach us about these Terms at [legal@wake.inc](mailto:legal@wake.inc).

**PLEASE NOTE:** These Terms contain a binding arbitration provision and class action waiver in the [“Governing Law And Disputes”](https://wake.inc/terms/#governing-law) section below. This affects how disputes between you and Wake are resolved – please review that section carefully.

BY USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS AND ANY LEGAL AGREEMENTS THAT ARE INCORPORATED INTO THESE TERMS BY REFERENCE, AND YOUR CONTINUED USE OF THE SERVICES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND INCORPORATED LEGAL AGREEMENTS. IF YOU HAVE NOT READ, UNDERSTOOD OR AGREED TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SERVICES OR CEASE THEIR USE IMMEDIATELY. THE USE OF THE SERVICES IS VOID WHERE PROHIBITED.

- [1. Who Can Use Wake](https://wake.inc/terms/#who-can-use)
- [2. Accounts And Security](https://wake.inc/terms/#accounts-and-security)
- [3. What Wake Does](https://wake.inc/terms/#what-wake-does)
- [4. Acceptable Use](https://wake.inc/terms/#acceptable-use)
- [5. Customer Terms](https://wake.inc/terms/#customer-terms)
- [6. Contributor Terms](https://wake.inc/terms/#contributor-terms)
- [7. Fees And Payment](https://wake.inc/terms/#fees-and-payment)
- [8. Intellectual Property Rights](https://wake.inc/terms/#intellectual-property)
- [9. Copyright Complaints (DMCA)](https://wake.inc/terms/#copyright-complaints)
- [10. Privacy Notice](https://wake.inc/terms/#privacy-notice)
- [11. Disclaimers](https://wake.inc/terms/#disclaimers)
- [12. Limitation Of Liability](https://wake.inc/terms/#limitation-of-liability)
- [13. Indemnification](https://wake.inc/terms/#indemnification)
- [14. Term And Termination](https://wake.inc/terms/#term-and-termination)
- [15. Force Majeure](https://wake.inc/terms/#force-majeure)
- [16. Changes To These Terms](https://wake.inc/terms/#changes)
- [17. Governing Law And Disputes](https://wake.inc/terms/#governing-law)
- [18. General Provisions](https://wake.inc/terms/#general-provisions)
- [19. Contact](https://wake.inc/terms/#contact)

## 1. Who Can Use Wake

You must be at least 18 years old, or the age of majority in your jurisdiction if that is greater, and able to form a binding contract under the laws of your jurisdiction. You may not use the Service if you are barred from doing so under applicable law, or if we have previously suspended or terminated your account for violating these Terms. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, in which case “you” means that organisation.

## 2. Accounts And Security

You are responsible for keeping your credentials confidential and for everything that happens under your account. When creating an account, you agree to provide accurate, current, and complete information and to keep it up to date. You may maintain only one account unless we authorise otherwise in writing. Notify us promptly at [legal@wake.inc](mailto:legal@wake.inc) if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to other users or the Service.

## 3. What Wake Does

Wake is a data engine for embodied AI. Contributors upload video and related recordings; customers purchase, annotate, and use datasets to train models. The Service includes tools for sourcing, importing, reviewing, annotating, and running pipelines over that data.

## 4. Acceptable Use

You agree not to:

- use the Service to violate any law, infringe any right, or harm any person or system;
- upload, request, or generate content that is unlawful, hateful, harassing, deceptive, discriminatory, or designed to facilitate real-world harm;
- upload content that contains child sexual abuse material, non-consensual intimate imagery, malware, or anything unlawful;
- record or upload content of an identifiable person under 18 years old, except where expressly authorized by Wake in accordance with the [Contributor Agreement](https://wake.inc/contributor-agreement/);
- reverse engineer the Service or attempt to gain unauthorised access to any account, dataset, or infrastructure;
- circumvent rate limits, anti-abuse mechanisms, or access controls, or interfere with other users' use of the Service;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- send spam or unsolicited bulk communications through the Service;
- use automated means, including bots, crawlers, or scrapers, to access the Service or collect data without our express written consent;
- use the Service to develop a directly competing data marketplace or annotation platform using data or tooling obtained through the Service.

We may investigate suspected violations and suspend or terminate accounts responsible for them. Please report violations to [legal@wake.inc](mailto:legal@wake.inc).

## 5. Customer Terms

If you purchase or otherwise receive datasets, model outputs, or other deliverables through the Service, Wake grants you a worldwide, non-exclusive, non-transferable licence to use those deliverables to train, evaluate, and deploy AI models, subject to any restrictions stated in the order, dataset card, or applicable order form. You may not redistribute the raw deliverables outside your organisation except as expressly permitted by Wake.

Your use of the Service as a customer may also be governed by a separate order form, master services agreement, or data purchase agreement between you and Wake. That separate agreement governs your relationship with Wake as a customer and takes precedence over these Terms in all respects, whether or not there is a conflict between the two.

You are responsible for your own compliance with biometric-privacy, data-protection, and AI-specific laws applicable to your use of the datasets, including any notice, consent-verification, or retention-limit obligations that apply in your jurisdiction. Wake's own retention and destruction practices for biometric data are described in the [Biometric Data Retention and Destruction Policy](https://wake.inc/biometric-policy/).

## 6. Contributor Terms

**“Contributor”** means any individual or entity that uploads, submits, provides, records, or otherwise makes content available to Wake, whether directly through the Service or under a separate order, statement of work, content-submission agreement, or other arrangement.

If you upload, record, submit, or otherwise provide content to Wake as a Contributor, your contributions are governed by the [Contributor Agreement](https://wake.inc/contributor-agreement/) and any applicable Collection Task or other written arrangement between you and Wake.

You must accept the [Contributor Agreement](https://wake.inc/contributor-agreement/) before submitting Contributor Content. The Contributor Agreement is incorporated into these Terms by reference and forms part of your agreement with Wake.

Any compensation for Contributor Content, if applicable, will be governed by the applicable Collection Task or other written arrangement.

## 7. Fees And Payment

Some features of the Service are paid. Fees, billing cycles, and metering rules are described in your namespace billing settings or in a separate order form; where a separate order form or agreement applies, it governs. Usage that would exceed your configured budget may be blocked. You are responsible for all applicable taxes, and we may charge tax in addition to listed fees where required by law. We may change our fees with reasonable notice for future usage; fees already incurred are not affected. Except where required by law, fees are non-refundable.

## 8. Intellectual Property Rights

The Service itself, including but not limited to, its software, designs, trademarks, and documentation, is owned by Wake or its licensors and is protected by intellectual-property law. The Wake name, logo, and other related trademarks, service marks, and logos (“Wake Marks”) are protected by copyright, trademark, and other intellectual-property laws of the United States and other jurisdictions. You must not use, copy, reproduce, transmit, distribute, display, sell, license, or otherwise exploit the Wake Marks for any purpose without our prior written permission. Nothing in these Terms transfers ownership of the Service or the Wake Marks to you.

## 9. Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice to [legal@wake.inc](mailto:legal@wake.inc) including:

1. identification of the copyrighted work;
2. identification of the allegedly infringing material and its location on the Service;
3. your contact information;
4. a good-faith statement that the use is unauthorised;
5. a statement, under penalty of perjury, that the notice is accurate and you are authorised to act; and
6. your physical or electronic signature.

We may remove or disable access to material in response to a valid notice and will notify the affected user, who may submit a counter-notice as provided under 17 U.S.C. §512. We may terminate accounts of repeat infringers.

## 10. Privacy Notice

Your privacy matters to us. Our handling of personal information is described in our [Privacy Policy](https://wake.inc/privacy/), which forms part of these Terms. By using the Service or otherwise providing information to Wake, you consent to our handling of that information as described in the Privacy Policy and [Cookie Policy](https://wake.inc/cookies/), which also explains our use of cookies and how you can manage your privacy preferences.

By accessing or using the Service, you acknowledge that we may keep records of your activity and content in accordance with applicable data-privacy law. We may disclose such records where required by law or where we believe in good faith it is reasonably necessary to (a) comply with law or legal process; (b) enforce these Terms; (c) respond to claims that your activity violates a third party's rights; or (d) protect the rights, property, or safety of Wake, our users, or the public.

## 11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY CONTENT, DATASET, ANNOTATION, OR MODEL OUTPUT AVAILABLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, OR SUITABLE FOR YOUR INTENDED USE.

## 12. Limitation Of Liability

To the maximum extent permitted by law, Wake, its officers, directors, employees, affiliates, and agents will not be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, however arising (including negligence), including damages resulting from: (a) errors, mistakes, or inaccuracies in any content, dataset, annotation, or model output; (b) any unauthorised access to or use of our servers, or of any personal information or other information stored on them; (c) events beyond Wake's reasonable control, as described in the Force Majeure section; or (d) loss of use, data, profits, revenue, or goodwill, resulting from your use of or inability to use the Service.

Our total liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred fifty US dollars ($100). This cap does not apply to a party's indemnification obligations or to liability that cannot be limited under applicable law.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not fully apply to you. These limitations apply even if any remedy fails to provide adequate recompense.

## 13. Indemnification

By accessing, registering for, using, or downloading our Services, you agree to defend, indemnify, and hold harmless Wake and its officers, directors, subsidiaries, employees, affiliates, successors, assigns, suppliers, agents, or licensor from any claim, demand, loss, or expense (including reasonable legal fees) arising out of (a) your use of the Service in violation of these Terms; (b) your content, including any claim that it infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any third party; (c) your breach of any representation, warranty, or obligation in these Terms or the [Contributor Agreement](https://wake.inc/contributor-agreement/); (d) any activity conducted through your account, whether or not authorised by you; or (e) your violation of any applicable law or the rights of any third party.

Wake reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Wake's defence of that claim.

## 14. Term And Termination

You may stop using the Service at any time. You may terminate these Terms at any time upon notice to Wake. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users.

Wake has the right to terminate these Terms as set forth herein for breach of these Terms by you. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

Termination of these Terms shall be without prejudice to any rights or liabilities accrued at the termination date. Upon the termination of these Terms, you shall cease all use of the Services.

## 15. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond its reasonable control, including natural disaster, epidemic or pandemic, war, terrorism, riot, civil disturbance, act of government, labour dispute, strike, fire, flood, storm, earthquake, internet or utility failure, or third-party service outage.

## 16. Changes To These Terms

We may update these Terms from time to time. If we make material changes, we will give reasonable notice – typically by email or via the Service – before the change takes effect. If you do not agree to the updated Terms, you must stop using the Service before the effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

## 17. Governing Law And Disputes

**Governing law.** These Terms and any dispute arising out of or relating to them are governed by the laws of the State of California, without regard to its conflict-of-law principles.

**Informal resolution.** Most concerns can be resolved by contacting us at [legal@wake.inc](mailto:legal@wake.inc). A party that intends to seek arbitration must first send written notice to the other party describing the nature of the claim and the specific relief sought. If the parties do not reach an agreement within thirty (30) days after that notice is received, either party may commence arbitration.

**Binding arbitration.** Except for claims that qualify for small-claims court or claims seeking injunctive relief to protect intellectual property or confidential information, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The place of arbitration shall be Irvine, California. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. You and Wake agree to submit to the personal jurisdiction of the courts in Irvine, California solely to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an arbitration award.

**Class action waiver.** YOU AND WAKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate another person's claims with yours and may not preside over any class or representative proceeding. If this class action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that one) will proceed in the state or federal courts located in Irvine, California, which will have exclusive jurisdiction over it, and the remainder of this arbitration agreement will otherwise remain in effect.

**Right to opt out.** You may opt out of this arbitration agreement and class action waiver within thirty (30) days of first accepting these Terms by notifying us at [legal@wake.inc](mailto:legal@wake.inc). If you do not opt out in time, you agree to pursue any claim against Wake only through individual arbitration as described above.

**Jury trial waiver.** If a dispute proceeds in court rather than through arbitration, you and Wake each waive any right to a jury trial.

**Time limit to file claims.** Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim accrues, or it is permanently barred.

## 18. General Provisions

**Severability.** If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect and the unenforceable provision will be interpreted to best accomplish its original intent.

**Assignment.** You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

**Entire agreement.** These Terms, together with the [Privacy Policy](https://wake.inc/privacy/), the [Contributor Agreement](https://wake.inc/contributor-agreement/) (if applicable), and any applicable order form, constitute the entire agreement between you and Wake regarding the Service and supersede any prior agreements on the subject.

**No waiver.** Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

**Notices.** Notices to Wake under these Terms must be sent to [legal@wake.inc](mailto:legal@wake.inc). We may send notices to you at the email address associated with your account, or by posting on the Service. Notices are deemed received when sent, except that notices sent by email are deemed received the next business day.

**Relationship of the parties.** These Terms do not create any partnership, joint venture, agency, or employment relationship between you and Wake. Neither party has the authority to bind the other or to act on the other's behalf.

**Export compliance.** You may not use the Service or export any dataset or deliverable in violation of applicable export-control or sanctions laws, and you represent that you are not located in, or on a government list of prohibited or restricted parties for, any such embargoed country.

## 19. Contact

Questions about these Terms can be sent to [legal@wake.inc](mailto:legal@wake.inc).