Nightingale Hour
Terms of Use
These terms govern your use of Nightingale Hour, a sleep app for iPhone. By downloading or using the app, you agree to them.
Nightingale Hour is provided by Nightingale Studios LLC ("we", "us").
1. The license
Nightingale Hour is licensed to you, not sold. Your license is Apple's Licensed Application End User License Agreement (the "standard EULA"), which applies in full to your use of the app. The terms on this page sit alongside that agreement and add the specifics of Nightingale Hour — most importantly, the subscription terms in section 3. Where the two genuinely conflict, the standard EULA governs.
Subject to that license, you may use Nightingale Hour for your own personal, non-commercial listening on Apple devices you own or control.
2. What you may not do
- Record, download, copy, redistribute, broadcast, or publicly perform the audio in the app, or make it available as part of any other service.
- Use the audio commercially — in a business, venue, class, video, podcast, or any other public setting — without written permission.
- Reverse-engineer, decompile, or attempt to extract the app's content or circumvent the subscription.
- Use the app in any way that breaks the law where you are.
All audio, text, artwork, and design in Nightingale Hour remain the property of their respective owners. Nothing here transfers ownership of anything.
3. Nightingale Hour Premium
Part of the library is free. Nightingale Hour Premium unlocks the whole of it, and is sold as an auto-renewable subscription through Apple's In-App Purchase system, in two lengths:
- Monthly — billed every month.
- Yearly — billed every twelve months.
The current price, in your local currency, and any free trial that is running are always shown on the subscription screen in the app before you confirm. That screen is the authority on price; this page deliberately does not repeat a number that could go stale.
How renewal works. Payment is charged to your Apple ID at confirmation of purchase. Your subscription renews automatically at the same price for the same period unless you turn off auto-renew at least 24 hours before the end of the current period. Your Apple ID is charged for the renewal within the 24 hours before the period ends.
You can manage or cancel your subscription at any time from Settings → your name → Subscriptions on your iPhone, or from the Account settings of the App Store. Canceling stops the next renewal; it does not shorten the period you have already paid for, and Premium stays active until that period ends.
If a free trial is offered and you subscribe during it, any unused portion of the trial is forfeited when you purchase.
Restoring a purchase. If you reinstall the app or move to a new device, use "Restore purchases" on the subscription screen to bring your existing subscription back. Subscriptions follow your Apple ID, not the device.
Refunds. Purchases are handled by Apple, so refunds are handled by Apple too. Request one at reportaproblem.apple.com. We cannot issue refunds for App Store purchases ourselves.
Price changes. If a subscription price increases, Apple will notify you and ask for your consent before the increase takes effect. You may cancel instead.
4. Nightingale Hour is not medical care
Nightingale Hour offers stories, music, soft sound, and guided breathing to help you settle. It is not a medical device, and nothing in it is medical advice, diagnosis, or treatment. It is not a treatment for insomnia, sleep apnea, anxiety, or any other condition.
If you are struggling with sleep, mood, or anxiety, please talk to a doctor or another qualified clinician. If you are in crisis, contact your local emergency services.
Do not listen to sleep audio while driving, cycling, operating machinery, or doing anything else that needs your attention. Please keep the volume low; prolonged listening at high volume can damage your hearing.
5. Your device and your data
Nightingale Hour keeps your favorites, settings, listening history, and resume position on your own device. The app also sends us anonymous usage statistics that are not linked to you. Because your personal data stays on the device, that if you delete the app, that information is gone and cannot be recovered. See the Privacy Policy for the full account.
Audio is streamed over the internet, so playback needs a connection, and your mobile data charges are your own.
6. Changes to the app and to these terms
The library, the features, and these terms may change over time. Tracks may be added or removed as licenses change. If we change these terms materially, the updated version will be posted at this address with a new "last updated" date; continuing to use the app after that means you accept the change. If you do not, please stop using the app and cancel any subscription.
7. Ending the license
You may end this agreement at any time by deleting the app (and canceling any subscription through Apple). We may suspend or end your license if you materially breach these terms — for example, by redistributing the content.
8. Disclaimers and liability
To the fullest extent permitted by law, Nightingale Hour is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose. We do not warrant that the app will be uninterrupted, error-free, or available at all times, or that any particular track will remain in the library.
To the fullest extent permitted by law, our total liability arising out of or relating to the app is limited to the amount you actually paid for it in the twelve months before the claim arose. We are not liable for indirect, incidental, or consequential losses.
Nothing in these terms limits any liability that cannot lawfully be limited, and nothing here affects consumer rights that you have under the law of your own country and cannot waive by agreement.
9. Governing law
To the extent they are not governed by the standard EULA, these terms are governed by the laws of the United States and of the state in which Nightingale Studios LLC is organized, without affecting any mandatory consumer protections that apply where you live.
10. Apple
Apple is not a party to these terms and has no obligation to provide support for the app. Apple is, however, a third-party beneficiary of these terms and may enforce them against you. Any claim that the app fails to conform to an applicable warranty may be directed to Apple, who may refund the purchase price; beyond that, Apple has no warranty obligation for the app.
11. Contact
Questions about these terms, or about a subscription, can be sent to contact@nightingalehour.com.