Terms of Use

These Terms of Use govern your access to and use of the Nightlore mobile application, website, content, features, subscriptions, and related services (together, "Nightlore"). Nightlore is operated by Soul Surferz, LLC ("we," "us").

By downloading, creating an account for, or using Nightlore, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use Nightlore.

Nightlore is designed for a parent or guardian to use on behalf of a child. To hold an account and make purchases, you must:

• Be at least 18 years old, or the age of majority where you live.
• Have the legal capacity to enter a binding agreement.
• Be the parent or guardian of the child the stories are written for, or have permission to act on their behalf.

Your child has no account, no login, and is never asked to sign in, to view advertising, or to make a purchase.

You must provide accurate account information and keep it current. You are responsible for your account, your sign-in credentials, and the activity that happens under your account.

• Do not create an account for anyone other than your own family.
• Do not share, sell, or transfer your account.
• Tell us promptly if you believe your account has been used without your permission.

You choose the character you hope to nurture, and Nightlore creates an ongoing, illustrated bedtime saga in which your child is the hero. Each chapter and its illustrations are created for your child using the details you provide. What is shared to create a story, and what never leaves your device, is described in the Privacy Policy.

• Nightlore tells stories. It does not study, score, diagnose, or make decisions about your child.
• Stories are works of imagination created for bedtime, not advice, instruction, or a substitute for your own judgment as a parent.
• We do not guarantee that any chapter, quest, or feature will produce a particular result.

The saga, the character recipe, any notes you add, and any voice recording you make are your family's content. You keep ownership of your content.

By using Nightlore, you grant us a limited, non-exclusive license to store, process, and display your content only as needed to run the service for you: to keep your saga attached to your account, to create each new chapter, and to let you read and manage what you have made. We do not use your content to build advertising profiles, and we do not sell it.

You agree not to, and not to help anyone else:

• Use Nightlore for any unlawful, harmful, deceptive, or unauthorized purpose.
• Copy, resell, sublicense, reverse engineer, scrape, or extract any part of Nightlore except where the law allows it.
• Interfere with, disrupt, probe, or attempt to bypass the security or technical limits of Nightlore or our providers.
• Attempt to access another family's account, saga, or data.

The first chapters of the saga are always free. Nightlore Pro is an auto-renewing subscription that unlocks a new chapter every night, every child in the house, your voice as narrator, and more. Prices are shown in the app before you buy and may vary by region.

• Payment is charged to your Apple Account at confirmation of purchase.
• The subscription automatically renews for the same period at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period.
• You can manage the subscription and turn off auto-renewal in your Apple Account settings after purchase.
• Where a free trial is offered, any unused portion is forfeited when you purchase a subscription that includes that content.
• Except where the law or the App Store requires otherwise, purchases are final; refunds and billing disputes for App Store purchases are handled by Apple under Apple's policies.
• We may change prices, packages, and what Pro includes over time.

Nightlore relies on third-party providers, including Apple, payment and subscription providers, hosting and authentication providers, and the service that creates the stories and their illustrations. Those providers may be subject to their own terms and privacy policies. We are not responsible for third-party services except where the law says otherwise.

Nightlore, including its software, designs, text, illustrations, brand, and features other than your family's content, is owned by Soul Surferz, LLC or our licensors and is protected by law. We grant you a limited, personal, revocable, non-transferable license to use Nightlore for your family's personal, non-commercial use through the app and website we provide.

To the maximum extent permitted by law, Nightlore is provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Nightlore will be uninterrupted, secure, or error-free.

To the maximum extent permitted by law, Soul Surferz, LLC and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, goodwill, or profits, arising out of or related to your use of Nightlore. Our total liability for any claim will not exceed the greater of the amount you paid us in the twelve months before the claim or one hundred U.S. dollars. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Soul Surferz, LLC and its affiliates from claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your use of Nightlore, your content, or your violation of these Terms or the law.

You may stop using Nightlore at any time and can delete your account and all associated data in the app. We may suspend or terminate access if you violate these Terms, if we believe your use creates risk, or if we discontinue the service. Sections that by their nature should survive termination will survive, including content licenses, payment obligations, disclaimers, limitation of liability, and indemnification.

We may update Nightlore and these Terms from time to time. If we make material changes, we will update the date above and may notify you through the app or by other reasonable means. Your continued use of Nightlore after updated Terms take effect means you accept them.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute that is not resolved informally will be brought in the state or federal courts located in Delaware, and you consent to that jurisdiction and venue, except where applicable law requires otherwise.

If you download Nightlore through Apple's App Store, you also agree to Apple's applicable terms. These Terms are between you and Nightlore, not Apple.

• Apple is not responsible for Nightlore or its content.
• Apple has no obligation to provide maintenance or support for Nightlore except where the law requires it.
• If Nightlore fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, according to its policies. To the maximum extent permitted by law, Apple has no other warranty obligation for Nightlore.
• Apple is a third-party beneficiary of these Terms and may enforce them against you.

Unless we provide a valid custom license agreement, Nightlore is licensed to you under Apple's Standard End User License Agreement, available here: Apple Standard EULA.

Questions about these Terms can be sent to support@nightlore.app. Your privacy is described in the Privacy Policy.