Terms of Service

1. Introduction

Welcome to Nightly Ritual ("we," "our," or "us"), operated by Apex Digital Minds. By accessing or using our web application located at nightlyritual.app (the "Service"), you agree to be bound by these Terms of Service. If you do not agree, please do not use the Service.

2. Medical Disclaimer

3. Eligibility and Account Creation

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this age requirement. You are responsible for maintaining the confidentiality of your login credentials (such as your Magic Link email access) and for all activities that occur under your account.

4. Free and Pro Subscriptions

• Free Access: New users may access a limited number of rituals at no cost without an account.
• Pro Tier: For US$9.99 per month or US$49.99 per year, users gain unlimited access to the Service and additional features, subject to the Fair Use Policy below. Subscriptions renew automatically at the end of each billing period until cancelled. Billing is handled securely via Stripe.
• Free Trial: First-time subscribers may receive a 7-day free trial of Pro. A payment card is required to start the trial. We will email you before the trial ends. Unless you cancel before the trial ends, your card will be charged the price of the plan you chose and your subscription will renew automatically. One free trial per person.
• Fair Use: To keep the Service sustainable and to prevent automated or abusive activity, a fair-use limit applies to every plan, including Pro: currently 3 rituals a day, counted from midnight in your time zone. Normal nightly use is never affected. If we lower this limit, we will tell you first.
• Cancellation and Refunds: You may cancel your Pro subscription at any time through your account settings or the Stripe Customer Portal. Cancellations take effect at the end of the current billing cycle. We do not provide refunds or credits for partial billing periods. Prices are in US dollars, so your bank may add a currency conversion fee.

5. Acceptable Use

The Service is for your personal, non-commercial use. You agree not to:

• Use the Service in any unlawful manner.
• Attempt to reverse engineer, decompile, or hack the Service.
• Submit malicious code, spam, or excessively explicit content into the audio intake.

6. AI-Generated Content

The narratives and insights provided by the Service are generated automatically by artificial intelligence (including models from Anthropic and OpenAI). While we strive for quality, AI outputs may occasionally be inaccurate, unexpected, or irrelevant. You acknowledge that you use these AI-generated insights at your own discretion.

7. Intellectual Property

All code, design, text, and original assets associated with Nightly Ritual are the exclusive property of Apex Digital Minds. The audio soundscapes and AI models are utilized under respective commercial licenses. You may not copy, distribute, or create derivative works from our Service without explicit written permission.

8. Limitation of Liability

To the maximum extent permitted by law, Apex Digital Minds and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use, or alteration of your transmissions or content.

Nothing in these Terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or other laws that can't be excluded.

9. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, including if you violate these Terms. Upon termination, your right to use the Service will immediately cease.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

11. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page and updating the "Effective Date." Your continued use of the Service after any changes constitutes your acceptance of the new Terms.