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Terms of Service

1. ELIGIBILITY AND AGE REQUIREMENTS

1.1 Account Creation Requirements

• Minimum Age: You must be 18 years or older to create an account
• Parental Responsibility: If you are a parent/guardian, you are responsible for all activity under your account
• Child Supervision: Children may use the App only under direct adult supervision

1.2 Geographic Restrictions

• Primary Market: United States
• Service Availability: We may restrict access in certain jurisdictions
• Local Laws: You are responsible for compliance with local laws

1.3 Capacity to Contract

By using the App, you represent that you have the legal capacity to enter into these Terms.

2. DESCRIPTION OF SERVICE

2.1 Core Features

• Voice Cloning: Transform adult voice recordings into personalized text-to-speech
• Story Generation: AI-powered bedtime story creation
• Audio Playback: Stories read in cloned voices
• Illustration Generation: AI-created story illustrations

2.2 Voice Recording Restrictions

• Adults Only: Voice recording is limited to users 18 years and older
• Consent Required: Voice recording requires explicit consent
• Identity Verification: We may require identity verification for voice features

2.3 Intended Use

Nighty is designed for creating personalized bedtime stories for family entertainment and educational purposes.

3. SUBSCRIPTION AND BILLING TERMS

3.1 Subscription Plans

• Free Trial: 7 days free trial
• Monthly Subscription: $4.99 per month
• Annual Subscription: $39.99 per year

3.2 Apple In-App Purchase Terms

• Payment Processing: All subscriptions are processed through Apple's App Store
• Apple Terms: Subject to Apple's Terms of Service and App Store Guidelines
• Payment Methods: Apple ID payment methods only

3.3 Automatic Renewal

• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Renewal Timing: 24 hours before the current period ends
• Cancellation Deadline: Cancel at least 24 hours before renewal
• Price Changes: We will provide advance notice of price changes

3.4 Cancellation and Refunds

• Cancellation Method: Through your Apple ID settings
• Effective Date: Cancellation takes effect at the end of the current billing period
• Refunds: Managed by Apple according to their refund policy
• Partial Refunds: No partial refunds for unused portions of subscription periods

3.5 Free Trial Terms

• Trial Period: Full access during trial period
• Cancellation: Cancel before trial ends to avoid charges
• Previous Trials: Limited to one free trial per Apple ID
• Auto-Renewal: Trial automatically converts to paid subscription

4. ACCEPTABLE USE POLICY

4.1 Permitted Uses

• Personal Use: Create stories for your family
• Educational Use: Use for educational purposes
• Voice Cloning: Clone only your own voice or voices with explicit consent

4.2 Prohibited Uses

• Unauthorized Voice Cloning: Do not clone voices without explicit consent
• Impersonation: Do not use voice cloning to impersonate others without consent
• Harmful Content: Do not create content that is harmful, offensive, or inappropriate
• Commercial Use: Do not use for commercial purposes without authorization
• Reverse Engineering: Do not attempt to reverse engineer or hack the App
• Content Violations: Do not create content that violates laws or third-party rights

4.3 Voice Use Restrictions

• Consent Requirement: Obtain explicit consent before cloning any voice
• Identity Verification: We may require proof of consent or identity
• Misuse Consequences: Violation may result in immediate account termination

4.4 Content Standards

Generated stories must not contain:

• Violence, hate speech, or discriminatory content
• Adult or sexual content
• Content promoting illegal activities
• Copyright-infringing material
• Personal information of third parties

5. AI-GENERATED CONTENT DISCLAIMERS

5.1 Content Generation

• AI Technology: Stories and images are generated using artificial intelligence
• No Guarantees: We do not guarantee accuracy, quality, or appropriateness of generated content
• Parental Review: Parents should review all content before sharing with children

5.2 Content Accuracy

• Fictional Content: All stories are fictional and for entertainment purposes
• Factual Accuracy: AI-generated content may not be factually accurate
• Educational Value: Content is not intended as educational curriculum

5.3 Content Appropriateness

• Parental Responsibility: Parents are responsible for reviewing content appropriateness
• Content Filtering: We implement filters but cannot guarantee all content is appropriate
• Reporting: Report inappropriate content through the App

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

• App Ownership: We own all rights to the Nighty app and technology
• Voice Models: We own the AI models but not the underlying voice data
• Trademarks: "Nighty" and related marks are our property

6.2 User-Generated Content Rights

• Voice Data: You retain rights to your voice recordings
• Generated Stories: You own the stories generated for your personal use
• Generated Images: You own images generated through the App for personal use
• License to Company: You grant us a license to process your data to provide services

6.3 Generated Content Usage Rights

• Personal Use: Full rights for personal, non-commercial use
• Sharing: You may share generated content with family and friends
• Commercial Use: Commercial use requires separate licensing agreement
• Attribution: No attribution required for personal use

6.4 Copyright and DMCA

• Copyright Respect: Respect intellectual property rights of others
• DMCA Compliance: We comply with the Digital Millennium Copyright Act
• Takedown Notices: Send copyright notices to dmca@getnighty.com

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy rights are governed by our Privacy Policy, incorporated by reference into these Terms.

7.2 Data Processing Consent

By using voice features, you consent to:

• Voice data processing in Singapore (Alibaba DashScope)
• Data storage in the United States
• Processing for AI model training and improvement

7.3 Child Privacy

• No Child Data: We do not knowingly collect data from children under 13
• Parental Control: Parents control all data related to their accounts

8. DISCLAIMERS AND WARRANTIES

8.1 Service Availability

• "As Is" Basis: Service provided without warranties of any kind
• Uptime: We do not guarantee 100% service availability
• Feature Changes: We may modify or discontinue features at any time

8.2 Content Disclaimers

• AI Limitations: AI-generated content may be inaccurate or inappropriate
• No Endorsement: We do not endorse any content generated through the App
• User Responsibility: Users are responsible for reviewing all generated content

8.3 Voice Technology Disclaimers

• Voice Quality: No guarantee of voice cloning accuracy or quality
• Technical Limitations: Voice technology has inherent limitations
• Compatibility: Voice features may not work on all devices or configurations

9. LIMITATION OF LIABILITY

9.1 Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NO CONSEQUENTIAL DAMAGES: We are not liable for indirect, incidental, or consequential damages
• MONETARY LIMIT: Our liability is limited to the amount paid in the 12 months preceding the claim
• SERVICE INTERRUPTION: We are not liable for service interruptions or data loss

9.2 Specific Exclusions

We are not liable for:

• Content generated by AI that is inaccurate or inappropriate
• Voice cloning quality or accuracy issues
• Technical problems with Apple's payment systems
• Data loss due to user error or device issues

10. INDEMNIFICATION

10.1 User Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your violation of these Terms
• Your misuse of voice cloning technology
• Content you create or share through the App
• Your violation of third-party rights

10.2 Voice Cloning Indemnification

You specifically indemnify us against claims related to:

• Unauthorized voice cloning or impersonation
• Violation of publicity or privacy rights
• Misrepresentation of identity or consent

11. TERMINATION

11.1 Termination by User

• Subscription Cancellation: Cancel through Apple ID settings
• Account Deletion: Request account deletion through privacy@getnighty.com
• Immediate Effect: Deletion requests processed within 30 days

11.2 Termination by Company

We may terminate your account for:

• Violation of these Terms
• Inappropriate use of voice cloning features
• Non-payment of subscription fees
• Extended period of inactivity

11.3 Effect of Termination

Upon termination:

• Service Access: Immediate loss of App access
• Data Deletion: User data deleted according to Privacy Policy
• Refunds: No refunds for unused subscription periods (Apple policy applies)

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

12.2 Dispute Resolution Process

1. Informal Resolution: Contact support@getnighty.com first
2. Mediation: Good faith mediation attempt
3. Arbitration: Binding arbitration under AAA Commercial Arbitration Rules
4. Individual Claims: No class action lawsuits

12.3 Jurisdiction

For disputes not subject to arbitration, exclusive jurisdiction is in California courts.

13. MODIFICATIONS TO TERMS

13.1 Right to Modify

We reserve the right to modify these Terms at any time.

13.2 Notification Process

• In-App Notice: Significant changes notified in the App
• Email Notice: Changes emailed to account holders
• Website Posting: Updated Terms posted with revision date

13.3 Acceptance of Changes

Continued use of the App after changes constitutes acceptance of modified Terms.

14. MISCELLANEOUS PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company.

14.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

14.3 Assignment

We may assign these Terms to an affiliate or successor. You may not assign your rights without our written consent.

14.4 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15. CONTACT INFORMATION

Customer Support: support@getnighty.com
Legal Inquiries: legal@getnighty.com
Privacy Requests: privacy@getnighty.com

Mailing Address:
Nighty
Contact us via email

16. APPLE-SPECIFIC TERMS

16.1 App Store Guidelines

This App is subject to Apple's App Store Review Guidelines and may be removed for violations.

16.2 iOS Requirements

The App requires iOS 16.0 or later and is compatible with iPhone and iPad devices.

16.3 Apple Relationship

Apple is not a party to these Terms and has no responsibility for the App or its content.