Nyxtune Terms of Use

These Terms set out the conditions for using the app "Nyxtune" ("the App") provided by suplum ("we", "us"). By using the App, you agree to these Terms.

1. Scope

These Terms apply to all dealings between us and you in relation to your use of the App. Any terms set by the store that distributes the App (the App Store or Google Play) also apply.

2. What the App is

The App is not a medical device. It does not diagnose or treat sleep conditions and does not replace care from a clinician or other professional. The figures, reviews, and suggestions it shows are reference information based on the records you enter.

The App may suggest bedtimes and wake times, but you decide when you actually sleep and wake. The App does not instruct or require you to act on its suggestions.

If you experience severe insomnia, depression, intense anxiety, or thoughts of self-harm, please consult a qualified professional or healthcare service, regardless of your use of the App.

3. Your account

Some features of the App require you to create an account and sign in. You are responsible for safeguarding your account and the credentials you use to sign in.

You can delete your account from within the App at any time. Deleting it removes your records from our servers and cannot be undone.

If you breach these Terms, we may suspend or delete your account without prior notice.

4. Paid plans

Paid features of the App are offered as in-app purchases through the App Store / Google Play. Pricing and billing periods are as shown on the purchase screen and in the store.

The plan is an auto-renewing subscription. Unless you turn off auto-renewal at least 24 hours before the end of the current period, it renews automatically for the same period and you are charged the renewal fee.

You can cancel at any time in your account settings in the App Store / Google Play. After cancelling, you keep access to paid features until the end of the period you have already paid for. Uninstalling the App or deleting your account does not cancel the subscription.

Payment is charged to your store account; we never receive your card number or other payment credentials. Refunds are handled according to each store's policy.

5. Prohibited conduct

When using the App, you must not:

• Violate any law or public order and morals
• Gain unauthorized access to, reverse-engineer, or place an excessive load on the App or our servers
• Infringe the rights of other users or third parties
• Copy, modify, or redistribute the App's content without our permission

6. Handling of your data

How we handle your information is described in the App's Privacy Policy .

You retain the rights to the records you enter. You can export them to a file from within the App at any time.

7. Intellectual property

Intellectual property rights in the App and the content it provides (text, images, design, and software) belong to us or to their respective rightsholders. These Terms do not transfer those rights to you.

8. Changes, interruption, and discontinuation

We may change the App without prior notice and may temporarily suspend it for maintenance, incidents, or other reasons. If we discontinue the App, we will give notice in advance where reasonably possible.

9. Disclaimer

We do not warrant that the App is fit for your particular purpose or will produce the results you expect. Except in cases of our wilful misconduct or gross negligence, we are not liable for damages arising from your use of, or inability to use, the App.

Where we are liable, our liability is limited to the amount you paid us in the 12 months preceding the event. Where such a limitation is not permitted by mandatory law, it applies only to the extent the law allows.

10. Governing law and jurisdiction

These Terms are governed by the laws of Japan. Any dispute between us and you regarding the App shall be subject to the exclusive jurisdiction of the Japanese court having jurisdiction over our location as the court of first instance.

11. Use through the App Store

This section applies if you obtained the App from the App Store.

• These Terms are between you and us. Apple Inc. ("Apple") is not a party to them. We, not Apple, are responsible for the App and its content.
• Your licence to use the App is a non-transferable licence to use it on Apple-branded products that you own or control, subject to the App Store's Usage Rules.
• We alone are responsible for maintenance and support of the App. Apple has no obligation to provide any maintenance or support.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, or costs arising from a failure to conform are our responsibility.
• We, not Apple, are responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection law.
• If a third party claims that the App or your use of it infringes that party's intellectual property rights, we, not Apple, are responsible for investigating, defending, settling, and discharging the claim.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms of agreement when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you.
• For questions about the App, contact us via our Support page (which lists our name and contact details).

12. Changes to these Terms

We may change these Terms as needed. Changes take effect when posted on this page, and your continued use of the App after posting constitutes acceptance.

13. Contact

For questions about these Terms, please contact us via our Support page or contact form .