Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Nightcap app and usenightcap.com ("the Site"), operated by Orange Console LLC, a Connecticut limited liability company ("Orange Console," "we," "us," or "our"). By downloading, installing, or using Nightcap you agree to be bound by these Terms. If you do not agree, do not use the App or Site.
1. Changes to These Terms
We may revise these Terms at any time. If we make material changes we will update the "Last updated" date above and, where appropriate, post a notice in the App or send an email to the address associated with your account. Your continued use of Nightcap after changes are posted constitutes acceptance of the updated Terms.
2. Eligibility
You must be at least 13 years old to use Nightcap. By using the App you represent and warrant that you meet this requirement. If you are between 13 and 18 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly permit children under 13 to use the App.
3. Accounts
Some features may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and current information and to keep it up to date. Notify us immediately at hello@usenightcap.com if you suspect unauthorized access to your account. We reserve the right to terminate accounts that violate these Terms.
4. Subscriptions and Payments
Nightcap offers a free tier and a paid subscription plan ("Nightcap Plus"). All subscriptions are purchased through the Apple App Store and are governed by Apple's payment terms and conditions. We do not directly process, collect, or store payment card numbers or billing information.
Subscription fees are billed in advance on a recurring basis (monthly or annual, as selected at purchase). Current pricing is displayed in the App Store. We reserve the right to change subscription pricing with reasonable advance notice.
5. Free Trial
We may offer a free trial period for Nightcap Plus. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription and you will be charged the applicable fee. Trial eligibility is determined by Apple and may be limited to new subscribers.
6. Cancellation
You may cancel your Nightcap Plus subscription at any time through your Apple ID account settings. Upon cancellation, your subscription will remain active and you will retain access to paid features until the end of the current billing period. You will not be charged for any subsequent billing periods after cancellation.
7. Refunds
All purchases are processed by Apple through the App Store. We do not issue refunds directly. Refund requests are subject to Apple's refund policy. To request a refund, visit reportaproblem.apple.com or contact Apple Support.
8. Acceptable Use
You agree not to:
- Use the App or Site in any way that violates applicable local, national, or international law or regulation
- Attempt to probe, scan, or test the vulnerability of any of our systems or networks
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
- Use automated scripts, bots, or other means to access the App or Site in a manner that sends more requests than a human could reasonably generate
- Transmit malicious code, viruses, spyware, or other harmful software
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Interfere with or disrupt the integrity or performance of the App, Site, or related services
9. Intellectual Property
All content, features, and functionality of the App and Site — including text, graphics, sounds, audio recordings, visual materials, software, and underlying code — are owned by Orange Console LLC or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from the App or Site without our prior written permission.
10. Third-Party Services
The App and Site may contain links to third-party websites or services. These links are provided for convenience only. We have no control over third-party content and accept no responsibility for it. Your use of third-party services is governed by their own terms and privacy policies.
11. Disclaimers
THE APP AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
Nightcap is a general wellness application. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any medical condition or sleep disorder. If you have concerns about your sleep health, please consult a qualified healthcare professional.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORANGE CONSOLE LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP OR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) FIFTY US DOLLARS ($50).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you in full.
13. Indemnification
You agree to indemnify, defend, and hold harmless Orange Console LLC and its members, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App or Site; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your violation of any applicable law or regulation.
14. Dispute Resolution
Informal resolution. Before initiating any formal legal proceeding, you agree to contact us at hello@usenightcap.com with a written description of the dispute and your proposed resolution. We will attempt to resolve the dispute informally within 30 days of receiving your notice. If we cannot reach a resolution within that period, either party may proceed to arbitration as described below.
Binding arbitration. Except for claims that qualify for small claims court (see below), any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App — including questions of arbitrability — shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at adr.org. The arbitration shall be conducted in Connecticut or, at your election, in the county where you reside. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class action waiver. YOU AND ORANGE CONSOLE LLC EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Small claims exception. Notwithstanding the above, either party may bring an individual claim in a small claims court of competent jurisdiction in lieu of arbitration, provided the claim qualifies under that court's rules.
Time limit on claims. Any claim arising from or relating to these Terms or the App must be brought within one (1) year of the date the cause of action accrued. Claims not brought within this period are permanently barred.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to its conflict of law provisions. To the extent any dispute is not subject to arbitration, you and Orange Console LLC consent to the exclusive jurisdiction of the state and federal courts located in Connecticut.
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be modified, and the remaining provisions will continue in full force and effect.
17. Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Orange Console LLC to be effective.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orange Console LLC with respect to the App and Site and supersede all prior and contemporaneous agreements, representations, and understandings.
19. Contact Us
Questions about these Terms? Please contact us:
Orange Console LLC
hello@usenightcap.com