Nightjar is licensed under Apple’s Standard End User License Agreement. By downloading or using Nightjar, you agree to that EULA and to the terms below.
1. Agreement
These Terms of Use (“Terms”) are an agreement between you and Jugal Mistry (“Developer,” “I,” or “Nightjar”) governing your use of the Nightjar iOS app (“App”). If you do not agree to these Terms and Apple’s Standard EULA, do not download or use the App.
2. License
Subject to these Terms and Apple’s EULA, you receive a limited, personal, non-exclusive, non-transferable, and revocable license to use Nightjar on Apple-branded products you own or control, as permitted by the App Store Usage Rules.
You may not copy, distribute, sell, rent, sublicense, reverse engineer, interfere with, or use the App for an unlawful purpose, except where applicable law expressly permits otherwise.
3. Wellness disclaimer
Nightjar provides research-informed wellness entertainment. It is not a medical device and does not provide medical, psychological, psychiatric, or other professional advice, diagnosis, or treatment. Nightjar does not promise sleep or any health outcome.
Do not use the App where falling asleep could put you or others at risk, including while driving or operating machinery. If sleep difficulty is persistent, severe, or affects your safety or health, seek advice from a qualified professional. In an emergency, contact local emergency services.
4. Stories and app content
Stories, narration, artwork, recommendations, and other App content are provided for personal listening and general wellness use. Content availability may change, and individual stories may be added, updated, or withdrawn without notice.
You may not reproduce, publicly perform, redistribute, scrape, or commercially exploit App content unless you have written permission or applicable law allows it.
5. Purchases and subscriptions
Nightjar may offer optional in-app purchases or automatically renewing subscriptions. The options and billing period available to you are shown in the App and on the App Store before you confirm a purchase.
Purchases are processed by Apple and charged to your Apple ID. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Manage or cancel them in iPhone Settings → Apple ID → Subscriptions. Deleting Nightjar does not cancel a subscription.
Apple handles billing, receipts, cancellations, and refund requests under its rules. Nightjar does not store your payment-card details. Any trial or promotional offer is subject to the terms shown when you accept it.
6. Your data
Your use of Nightjar is also governed by the Privacy Policy. You are responsible for maintaining access to your device and Apple account, and for choosing whether to enable iCloud Backup.
Deleting the App may remove local information that has not been backed up. Some downloadable media or withdrawn content may no longer be available.
7. Intellectual property
Nightjar—including its name, visual identity, interface, code, stories, audio, artwork, and other original content—is owned by Jugal Mistry or used under licence and is protected by applicable intellectual-property laws. These Terms do not transfer ownership to you.
8. Third-party services
Nightjar relies on Apple and limited third-party services for functions such as iCloud backup, purchases, subscriptions, analytics, and content delivery. Their services may be subject to their own terms and availability. I am not responsible for a third-party service outside my reasonable control.
9. Availability and updates
I may update, improve, suspend, or discontinue part of Nightjar to maintain security, comply with law, or evolve the product. The App may occasionally be unavailable due to maintenance, connectivity, platform changes, or events outside reasonable control.
10. Disclaimer of warranties
To the maximum extent permitted by law, Nightjar is provided “as is” and “as available,” without warranties of any kind, express or implied. I do not warrant that the App will be uninterrupted, error-free, or suitable for a particular health or sleep outcome. Nothing in these Terms excludes consumer guarantees that cannot legally be excluded.
11. Limitation of liability
To the maximum extent permitted by law, Jugal Mistry will not be liable for indirect, incidental, special, consequential, exemplary, or punitive loss arising from your use of or inability to use Nightjar. Total aggregate liability for claims relating to the App will not exceed the greater of the amount you paid for Nightjar in the preceding 12 months or USD $10.
These limitations do not apply where prohibited by law.
12. Termination
You may stop using Nightjar at any time. The licence ends if you materially violate these Terms. On termination, you must stop using the App. Provisions that by their nature should survive—including intellectual property, disclaimers, and liability limitations—will survive.
13. Governing law
These Terms are governed by the laws of India, without regard to conflict-of-law rules. Courts of competent jurisdiction in India will have exclusive jurisdiction, except where mandatory consumer law gives you rights in another forum. Apple’s EULA governs App Store-related matters where it applies.
14. Changes
I may update these Terms from time to time. The effective date above will reflect the latest version. Material changes will be communicated in the App when appropriate. Continued use after updated Terms take effect means you accept them.
15. Contact
Questions about Nightjar or these Terms can be sent to [email protected]. Website: nightjar.fm. Developer: Jugal Mistry.
Apple App Store disclosures
Parties. These Terms are between you and Jugal Mistry, not Apple. Apple is not responsible for Nightjar or its content.
Maintenance and support. Jugal Mistry, not Apple, is responsible for maintenance and support as required by applicable law. Contact [email protected].
Warranty. If Nightjar fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation.
Product claims. Jugal Mistry, not Apple, is responsible for addressing claims relating to Nightjar, including product liability, regulatory, consumer-protection, and privacy claims.
Intellectual property claims. Jugal Mistry, not Apple, is responsible for investigating, defending, settling, and discharging a third-party claim that Nightjar or your use of it infringes intellectual-property rights.
Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism, and that you are not listed on a U.S. Government prohibited or restricted-party list.
Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon your acceptance.