Terms of Use (EULA)

Please read these terms carefully before using NightFast.

Last Updated: December 27, 2024

Summary

By using NightFast, you agree to these terms. We provide a nutrition tracking app with optional paid subscriptions. You're responsible for the accuracy of your food logs, and the app is not a substitute for medical advice.

1. Acceptance of Terms

By downloading, installing, or using NightFast ("App"), you agree to be bound by this End User License Agreement ("EULA" or "Terms of Use"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and NightFast ("we," "us," or "our").

2. Description of Service

NightFast is a nutrition tracking application designed for individuals who eat during nighttime hours, including night shift workers, new parents, and night owls. The App provides:

  • Food logging and nutrition tracking
  • Meal scheduling and reminders
  • Sleep-friendly recipe suggestions
  • AI-powered food recommendations
  • Insights and analytics about eating patterns
  • Apple Watch companion and widgets

3. Eligibility

You must be at least 13 years old to use NightFast. If you are under 18, you must have parental or guardian consent to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

4.1 Sign in with Apple

NightFast uses Sign in with Apple for authentication. You are responsible for maintaining the security of your Apple ID and all activities that occur under your account.

4.2 Accurate Information

You agree to provide accurate information when using the App. You are solely responsible for the accuracy of the nutritional data you enter.

5. Subscriptions and Payments

5.1 Subscription Tiers

TierFeaturesPrice
FreeBasic logging (20/day), 10 recipes, 1 schedule$0
NightFast PlusPlus features + meal planning, grocery lists, family sharing (5 members)$9.99/mo or $79.99/yr
LifetimePermanent Plus access$149.99 one-time

5.2 Payment Processing

All payments are processed through Apple's App Store. By subscribing, you agree to Apple's terms of service for in-app purchases.

5.3 Auto-Renewal

Important: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

5.4 Managing Subscriptions

You can manage or cancel your subscription at any time through your Apple ID settings:

  1. Open Settings on your device
  2. Tap your name at the top
  3. Tap Subscriptions
  4. Select NightFast
  5. Tap Cancel Subscription

5.5 Refunds

Refunds are handled by Apple according to their refund policy. We do not have the ability to issue refunds directly. To request a refund, visit reportaproblem.apple.com.

5.6 Price Changes

We reserve the right to change subscription prices. You will be notified of any price changes in advance, and they will only apply to subsequent billing periods.

6. User Conduct

You agree not to:

  • Use the App for any unlawful purpose
  • Attempt to reverse engineer, decompile, or disassemble the App
  • Circumvent any security features or access controls
  • Use the App to harass, abuse, or harm others
  • Transmit any viruses, malware, or harmful code
  • Use automated scripts to access or interact with the App
  • Share your account with others (except Family Sharing for Plus subscribers)

7. Intellectual Property

7.1 Our Rights

NightFast, including its design, features, content, and code, is protected by copyright, trademark, and other intellectual property laws. All rights are reserved.

7.2 Your Content

You retain ownership of the data you enter into the App (food logs, preferences, etc.). By using the App, you grant us a limited license to store and process your data to provide the service.

7.3 Recipes

Recipes provided in the App are for personal use only and may not be republished, redistributed, or used commercially without written permission.

8. Health Disclaimer

IMPORTANT: NightFast is NOT a medical device and is NOT intended to diagnose, treat, cure, or prevent any disease or health condition.

The App provides general nutritional information and tracking tools. It does not provide medical advice. You should:

  • Consult with a healthcare provider before making significant dietary changes
  • Not rely on the App for managing medical conditions (diabetes, eating disorders, etc.)
  • Seek immediate medical attention if you experience health concerns
  • Understand that nutritional data in the App may not be 100% accurate

9. Limitation of Liability

To the maximum extent permitted by law:

  • THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
  • WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE PAST 12 MONTHS
  • WE ARE NOT RESPONSIBLE FOR ACTIONS YOU TAKE BASED ON INFORMATION FROM THE APP

10. Indemnification

You agree to indemnify and hold harmless NightFast, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the App or violation of these Terms.

11. Third-Party Services

The App may integrate with third-party services (Apple HealthKit). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services.

12. Termination

12.1 By You

You may stop using the App at any time. To delete your account and data, go to Settings → Account → Delete Account.

12.2 By Us

We reserve the right to suspend or terminate your access to the App if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

12.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. Sections regarding intellectual property, limitation of liability, and dispute resolution survive termination.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes through the App or by email. Your continued use of the App after changes constitutes acceptance of the updated Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any claim, you agree to contact us at cybertec44@yahoo.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If informal resolution fails, any dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the App.

15. Governing Law

These Terms shall be governed by the laws of the State of California, United States, without regard to conflict of law principles.

18. Contact Information

For questions about these Terms, please contact us:

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