Terms and Conditions

Last updated: August 16, 2026

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Nocturne ("Company", "we", "us", "our"), governing your access to and use of the Nocturne mobile application (the "App") and any related services (collectively, the "Services").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Services.

1. Our Services

Nocturne is a guided sleep practice application available on iOS. The App allows you to:

• Answer eight questions to describe a vivid scene from the life you want.
• Have your answers validated for specificity by our AI systems.
• Receive a narrated guided session generated from your scene description.
• Play your guided session as you fall asleep.
• Log evidence of your scene manifesting in daily life.
• Track your nights and build a constellation of your practice.
• Layer ambient sound beds (rain, white noise, and others) under your narrated session.
• Build and manage multiple scenes over time.

The Services are not intended to provide medical advice, therapeutic treatment, or mental health services. Nocturne is a guided sleep practice tool and should not be used as a substitute for professional medical or psychological care.

2. Intellectual Property Rights

Our Intellectual Property

The App, including its source code, design, layout, graphics, audio content, and all related intellectual property, is owned by or licensed to Nocturne and is protected by copyright, trademark, and other intellectual property laws of the United Kingdom and international treaties. Our trademarks, service marks, and logos may not be used without our prior written consent.

Your Use of Our Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial use. This licence does not include the right to:

• Modify, copy, or create derivative works based on the App or its content.
• Reverse engineer, decompile, or disassemble the App.
• Remove any copyright, trademark, or other proprietary notices.
• Transfer your account or any rights under these Terms to another person.
• Use the App for any commercial purpose without our written consent.

Your Submissions

By submitting content to the App (including scene answers and evidence log entries), you represent and warrant that you own or have the necessary rights to submit such content, and that your submissions do not infringe the intellectual property or other rights of any third party.

3. User Representations

By using the Services, you represent and warrant that:

• You have the legal capacity to enter into these Terms.
• You will not use the Services for any illegal or unauthorised purpose.
• Your use of the Services will not violate any applicable law or regulation.
• All registration information you provide is truthful, accurate, current, and complete.
• You will maintain the accuracy of such information and update it as necessary.
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Services in a way that could damage, disable, overburden, or impair the Services.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. User Registration

You may be required to register an account to use certain features of the Services. You agree to keep your login credentials confidential and are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

The App is available for download from the Apple App Store. All purchases and payments for the Services are processed through the Apple App Store and are subject to Apple's terms and conditions for in-app purchases.

By making a purchase through the App, you agree to pay all charges at the prices then in effect for your subscription, and you authorise us (via Apple) to charge your chosen payment method. We reserve the right to correct any errors in pricing, even if we have already requested or received payment.

All sales are final. Refund requests must be directed to Apple in accordance with their refund policies. We do not sell physical goods through the Services.

6. Subscriptions

The Services are offered on a subscription basis. Key details of the subscription are as follows:

• Free trial. New users may be eligible for a 7-day free trial. During the free trial, you will have full access to the Services at no charge. If you do not cancel before the free trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged.
• Auto-renewal. Your subscription will automatically renew at the end of each billing period unless you cancel it. Renewal charges will be applied to your payment method within 24 hours before the end of the current billing period.
• Cancellation. You may cancel your subscription at any time through your Apple App Store account settings. Cancellation takes effect at the end of the current billing period. You will continue to have access to the Services until the end of the period you have already paid for. No refunds or credits will be issued for partial billing periods.
• Price changes. We reserve the right to change subscription prices at any time. Any price changes will take effect at the start of the next billing period following notice of the change. Your continued use of the Services after the price change takes effect constitutes your agreement to pay the updated amount.

Subscription management and cancellation are handled entirely through the Apple App Store. We are unable to cancel subscriptions on your behalf.

7. Software

We may include software for use in connection with the Services. If such software is accompanied by a separate end-user licence agreement, the terms of that agreement will govern your use of the software. If no separate licence agreement is provided, we grant you a non-exclusive, revocable, personal, non-transferable licence to use the software solely in connection with the Services and in accordance with these Terms.

Any software and related documentation is provided "as is" without warranty of any kind. You shall not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the software, sell, assign, sublicence, or otherwise transfer any right in the software, or attempt any of the foregoing.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavour except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on use of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable law or regulation.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion thereof.
• Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader, that accesses the Services.
• Make any unauthorised use of the Services, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited communications.
• Use the Services as part of any effort to compete with us or otherwise use the Services or content for any revenue-generating endeavour or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your account.

9. User Generated Contributions

The Services allow you to create and submit content, specifically scene answers (your responses to the eight questions) and evidence log entries (text entries recording when elements of your scene appear in your life). These are referred to as "Contributions."

By submitting Contributions, you represent and warrant that:

• Your Contributions are your own original work or you have the necessary rights to submit them.
• Your Contributions do not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not violate any applicable law, regulation, or these Terms.
• Your Contributions do not contain material that is obscene, lewd, violent, harassing, defamatory, libellous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (legally or otherwise) any other person or to promote violence against a specific person or group of people.
• Your Contributions do not contain any material that solicits personal information from children or exploits minors in a sexual or violent manner.
• Your Contributions do not otherwise violate these Terms or any applicable law.

We reserve the right, in our sole discretion, to remove any Contributions that violate these Terms or that we find objectionable for any reason, without notice to you.

10. Contribution Licence

By submitting Contributions to the Services, you grant us a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Contributions in connection with operating and providing the Services and in connection with our business operations.

This licence includes the right to use your Contributions for the purpose of generating your narrated guided sessions and for improving the Services. We will not use your Contributions for marketing or promotional purposes without your separate consent.

You retain all ownership rights in your Contributions. You are solely responsible for the Contributions you submit, and you agree to indemnify us for any claims arising from your Contributions.

11. Mobile Application Licence

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on your Apple iOS device in accordance with these Terms and the Apple App Store Terms of Service.

You shall not:

• Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
• Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
• Violate any applicable laws, rules, or regulations in connection with your use of the App.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or any licensors of the App.
• Use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended.
• Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
• Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.
• Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple App Store Additional Terms

The following terms apply when you download the App from the Apple App Store:

• These Terms are between you and Nocturne only, and not with Apple Inc. ("Apple"). Nocturne, not Apple, is solely responsible for the App and its content.
• The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Nocturne, not Apple, is responsible for providing any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
• Nocturne, not Apple, is responsible for addressing any claims relating to the App or your possession and use of the App, including but not limited to product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Nocturne, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that you are not located in a country that is subject to a UK or US Government embargo, or that has been designated as a "terrorist supporting" country, and that you are not listed on any UK or US Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

12. Third-Party Websites and Content

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Nocturne. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Nocturne shall not be responsible or liable for any damage or loss caused by your use of any such third-party websites or services.

AI-Generated Content

The Services use third-party artificial intelligence services, including Anthropic's Claude API for answer validation and script generation, and ElevenLabs for narrated audio generation. The narrated audio is generated by AI voice synthesis. It is not your voice and is not a recording of any real person.

AI-generated content, including validated answers, scripts, and narrated audio, is produced by automated systems and may contain errors, inaccuracies, or unexpected outputs. We do not guarantee the accuracy, completeness, or suitability of any AI-generated content. AI-generated content does not constitute medical advice, therapeutic treatment, psychological counselling, or any form of professional health service.

You acknowledge that AI-generated content is provided for the purpose of a guided sleep practice only and should not be relied upon for any medical, therapeutic, or health-related decisions.

13. Services Management

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Terms.
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation reporting such user to law enforcement authorities.
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
• In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
• Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

We may terminate your use of or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of England and Wales, and you consent to the personal jurisdiction of such courts.

18. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes"), you and Nocturne agree to first attempt to resolve the Dispute informally.

Before initiating any formal proceedings, you agree to contact us at help.nocturne@gmail.com and provide a written description of the Dispute, all relevant documents and information, and the proposed resolution. We will attempt to resolve the Dispute through informal negotiation within 30 days of receiving your notice.

If the Dispute is not resolved within 30 days of the initial notice, either party may proceed with formal legal action in the courts of England and Wales in accordance with Section 17 above.

19. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES.
• ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES.
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
• ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

AI-generated content disclaimer. Content generated by AI systems within the Services, including narrated scripts and answer validation feedback, is produced by automated technology and is not reviewed by medical, psychological, or therapeutic professionals. The Services and any AI-generated content are not medical advice, not therapeutic treatment, not psychological counselling, and not a substitute for professional mental health treatment or care. If you are experiencing a mental health crisis or require professional support, please contact a qualified healthcare provider or emergency services. You should not disregard professional medical advice or delay seeking treatment because of anything you have heard or read through the Services.

21. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAWS OF ENGLAND AND WALES.

22. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:

• Your Contributions.
• Your use of the Services.
• Your breach of these Terms.
• Any breach of your representations and warranties set forth in these Terms.
• Your violation of the rights of a third party, including but not limited to intellectual property rights.
• Any harmful act toward any other user of the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

26. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Nocturne
Email: help.nocturne@gmail.com