NightNight – Terms and Conditions

The agreement between you and the operator of the NightNight app

Tobias Munk, sole proprietor (Switzerland)

Effective 17 April 2026

NightNight — Terms and Conditions

Effective date: 17 April 2026 Last updated: 17 April 2026 Version: 1.0

1. Who these terms are with

These Terms and Conditions (“Terms”) are a legal agreement between you and Tobias Munk, sole proprietor, trading as NightNight, of Aeschrain 14, CH-6318 Walchwil, Switzerland (“NightNight”, “we”, “us”, or “our”). You can contact us at tobias.munk@night-night.app.

By downloading, installing, accessing, or using the NightNight app, by creating a NightNight account, or by starting a NightNight subscription, you agree to these Terms. If you do not agree, do not use the app.

These Terms are supplemented by our Privacy Policy, which forms part of your agreement with us. Where Apple’s Licensed Application End User License Agreement applies, its terms also apply alongside these Terms; see section 16.

2. What NightNight does

NightNight is a mobile application that creates personalised bedtime stories for children aged 3 to 11. Stories are generated using third-party artificial-intelligence services and are delivered as text and pre-recorded-style audio narration. The app is designed to be operated by a parent or legal guardian; children are not intended to operate the app themselves.

We may change, add, remove, or temporarily suspend any feature of the app at any time. We will not materially reduce paid features during a billing period without giving you notice and, where legally required, a refund option.

3. Eligibility and your role as a parent or guardian

To use NightNight you must:

be at least 18 years old (or the age of majority in your country of residence);

be the parent or legal guardian of any child whose personalisation details (first name, interests, pet names) you enter; and

have the authority to bind yourself to these Terms.

If you are using the app on behalf of a child, you are responsible for choosing stories and themes that are suitable for them and for previewing stories before playback if you think that is prudent. You remain responsible for everything that happens under your account.

4. Account, trial story, and subscription gate

4.1 Trial story (before registration)

Before creating an account you may generate a single trial story. You may enter a child’s first name; that first name is used once and is not saved to any profile. No other child information is collected during the trial.

4.2 Registration

To save stories, reuse child details, and access ongoing features you must create an account with your email address and a password.

4.3 Paid subscription required for saved child profiles

A saved child profile (first name, interests, pet names) can be created only after you have started an active paid subscription via the Apple App Store. The Apple subscription step acts both as your payment method and as our adult-in-charge verification step under applicable children’s-privacy laws (see the Privacy Policy). NightNight does not ask for or store the age, date of birth, birth month, or birth year of any child. Story complexity is chosen by you per story.

4.4 Account security

You are responsible for keeping your login credentials secret. You must notify us immediately at tobias.munk@night-night.app if you suspect unauthorised use of your account.

5. Subscriptions, billing, and cancellation

5.1 Apple as merchant of record

All subscriptions are sold and billed by Apple through the App Store, not by us directly. Payment terms, billing cycles, applicable taxes, and refund handling are governed by Apple’s subscription rules in your country. We never see or store your payment-card number.

5.2 Auto-renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your Apple ID will be charged at the then-current price disclosed in the App Store.

5.3 Managing and cancelling

You can view, manage, or cancel your subscription at any time in your Apple ID’s Subscriptions settings on your device. Cancelling stops future renewals; access to paid features continues until the end of the period you have already paid for.

5.4 Refunds

Refund requests are handled by Apple under Apple’s policy. We do not process refunds directly. Nothing in this section limits mandatory consumer-protection refund rights that apply to you under EU, UK, or other applicable law (see section 13).

5.5 Price changes

We may change subscription prices. If we do, the new price will take effect at your next renewal, and Apple will ask you to confirm the new price in line with App Store policies before any higher amount is charged.

6. Intellectual property, AI output, and your licence

6.1 Our rights

The NightNight app, its design, code, brand, templates, prompt library, and underlying technology belong to Tobias Munk (or our licensors, including Apple and our AI sub-processors) and are protected by Swiss, EU, UK, US, and international copyright, trademark, and related rights. Nothing in these Terms transfers those rights to you.

6.2 Your rights to the stories generated for you

Stories are created by AI models based on the personalisation inputs and theme you provide. Depending on the jurisdiction, purely machine-generated output may or may not attract copyright; we do not claim copyright over the generated text or audio for content you created personally for private family use. We grant you a perpetual, worldwide, royalty-free, non-exclusive licence to:

play back the stories generated for your account for personal, non-commercial family use;

download or export them for your own records;

share them privately with family or friends using the in-app private-link sharing feature.

You may not sell, license, publish, or otherwise commercially exploit stories generated in NightNight, and you may not use them to train other machine-learning models.

6.3 Your personalisation inputs

You retain ownership of the personalisation inputs you provide. You grant us a limited, non-exclusive, royalty-free licence to process those inputs as strictly necessary to operate the app, generate the requested story, and keep it available in your account. See the Privacy Policy for how we handle these inputs.

6.4 Feedback

If you send us suggestions or feedback, you agree that we may use them without restriction and without owing you anything.

7. Nature and limits of AI-generated content

NightNight relies on third-party AI systems to produce stories. You acknowledge that:

AI output is probabilistic: the same prompt can produce different results, and occasionally those results may be inaccurate, repetitive, culturally narrow, or otherwise unsuitable for your child.

NightNight is designed for entertainment and bedtime relaxation. It is not intended as educational advice, medical advice, therapy, crisis support, or a substitute for adult supervision.

You are responsible for previewing a story before playing it to a child if you think the theme warrants it, and for turning off or editing any story that you do not find appropriate.

If you encounter content that you believe is unsafe, inappropriate, or inaccurate, please report it to tobias.munk@night-night.app so we can investigate and, where appropriate, improve our prompt safeguards.

8. Acceptable use

When using NightNight you agree not to:

use the app for anyone who is not your own child or a child in your legal care;

enter personal data about a third-party child without that child’s parent or guardian’s consent;

use the app to generate content that is unlawful, hateful, sexual, violent towards children, or otherwise designed to harm a child;

attempt to reverse-engineer, decompile, or extract prompts or training data from the AI sub-processors;

use automated means (scripts, scrapers) to access the service, or create more accounts than you actually use;

resell, sublicense, or commercially exploit the app or its output;

use the app in a way that breaches Apple’s App Store terms, our sub-processors’ acceptable-use policies, or applicable law.

We may suspend or terminate your account without refund (beyond mandatory consumer-law refunds) if you breach this section.

9. Sharing stories

NightNight lets a parent share a generated story with family and friends through a private link. Private links are not publicly indexed but are not cryptographically private; treat them like a private-but-guessable URL. If you are concerned about the personal details inside a story, do not share the link.

We do not offer public galleries, public profiles, social feeds, or in-app communication between users. If we ever introduce such features, they will be opt-in, behind the parental gate, and subject to additional safeguards described in an updated policy.

10. Third-party services

The app uses third-party services to operate, including Apple (App Store, StoreKit), Amazon Web Services (hosting), OpenAI and/or Anthropic (text generation), and ElevenLabs (text-to-speech). Your use of those services is also subject to their terms and privacy policies. We are not responsible for third-party services that we do not operate.

11. Disclaimers

Subject to section 12, the app and all AI-generated content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, and the accuracy or appropriateness of any story for a given child.

12. Statutory consumer rights (EU, UK, Switzerland, and elsewhere)

Nothing in sections 11, 13, or elsewhere in these Terms excludes or limits:

our liability for death or personal injury caused by our negligence;

our liability for fraud or fraudulent misrepresentation;

your mandatory statutory rights as a consumer under EU, UK, Swiss, US state, or other applicable law (including the right to have a digital service that conforms to the contract under EU Directive 2019/770 and the UK Consumer Rights Act 2015);

any other liability that cannot be excluded or limited under the law of your country.

You keep all rights that you have as a consumer that cannot be waived.

13. Our liability

Subject to section 12, to the maximum extent permitted by law:

we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or loss of goodwill;

our total aggregate liability for any claim arising out of or relating to these Terms or the app is limited to the greater of (a) the total amount you paid for NightNight subscriptions in the twelve months before the event giving rise to the claim, or (b) CHF 100;

we are not responsible for events outside our reasonable control (force majeure), including but not limited to failures of Apple, AWS, OpenAI, Anthropic, or ElevenLabs, internet outages, or government action.

14. Indemnity

You agree to hold us harmless against reasonable claims brought by third parties to the extent those claims arise from your breach of these Terms, your misuse of the app, or your infringement of a third party’s rights (including entering a non-consenting child’s details). This clause does not apply to consumers where local law prohibits such indemnities; in that case we will only seek reimbursement to the extent permitted.

15. Changes to these Terms

We may change these Terms to reflect product changes, legal developments, or security and fraud-prevention needs. When we make a material change we will:

update the “Last updated” date at the top;

notify you in the app at least 30 days before the change takes effect (or as soon as reasonably practicable for urgent changes required by law); and

give you the option to cancel your subscription before the change takes effect if you do not accept it.

Continuing to use the app after the new Terms take effect means you accept them.

16. Apple-specific terms

If you use NightNight on an Apple device, the following additional terms apply, and you acknowledge them for Apple’s benefit as a third-party beneficiary:

These Terms are between you and NightNight, not between you and Apple. Apple is not responsible for the app or its content.

Apple has no obligation to provide maintenance or support for the app.

In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the app; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the app.

NightNight is responsible for addressing any product-liability claims, claims that the app does not conform to legal or regulatory requirements, 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 it infringes that third party’s intellectual-property rights, NightNight (not Apple) is responsible.

You must comply with applicable third-party terms when using the app (for example, your wireless-data-service agreement).

Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Termination

You can close your account at any time from the in-app settings or by emailing tobias.munk@night-night.app. We may suspend or close your account if you materially breach these Terms, if required by law, or if continuing the service is no longer commercially viable; we will give you reasonable notice where we can.

Upon termination, sections that by their nature should survive (including sections 6.1, 6.3, 7, 11–14, 18–20) will continue to apply.

18. Governing law

These Terms are governed by the substantive law of Switzerland, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers resident in the EU, EEA, or UK, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

19. Courts and dispute resolution

Before taking legal action, please email us at tobias.munk@night-night.app so we can try to resolve your complaint amicably.

For consumers, you may bring legal action before the courts of your country of habitual residence, and we may bring legal action only before those courts.

For non-consumers, the exclusive place of jurisdiction is Zug, Switzerland.

You may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr, though we are not required to participate in ODR proceedings.

Nothing in this section limits your right to complain to a data-protection or consumer-protection authority.

20. Miscellaneous

Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the app.

No waiver. If we do not enforce a right, we have not waived it.

Severability. If any part of these Terms is held unenforceable, the rest remains in force.

Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer our rights if we reorganise, sell the business, or incorporate; we will tell you and your mandatory consumer rights are not affected.

Language. This is the English version. We also publish a German version; in case of a material discrepancy between language versions, the English version prevails for legal interpretation, without prejudice to the right of German-speaking consumers to rely on the German version under applicable consumer law.

Notices. Notices to us must be sent to tobias.munk@night-night.app. Notices to you will be sent to the email address on your account.

21. Contact

Email: tobias.munk@night-night.app Post: Tobias Munk, Aeschrain 14, CH-6318 Walchwil, Switzerland

End of Terms and Conditions.