NightNight – Terms and Conditions

The agreement between you and the operator of the NightNight app

Tobias Munk, sole proprietor (Switzerland)

Effective 17 April 2026

NightNight — Terms and Conditions

Effective date: 17 April 2026 Last updated: 17 April 2026 Version: 1.2

1. Who these terms are with

These Terms and Conditions (“Terms”) are a legal agreement between you and Tobias Munk, sole proprietor, trading as NightNight, of Postfach, 6318 Walchwil, Switzerland (“NightNight”, “we”, “us”, or “our”). You can contact us at tobias.munk@night-night.app.

By downloading, installing, accessing, or using the NightNight app, by creating a NightNight account, or by starting a NightNight subscription, you agree to these Terms. If you do not agree, do not use the app.

These Terms are supplemented by our Privacy Policy, which forms part of your agreement with us. Where Apple’s Licensed Application End User License Agreement applies, its terms also apply alongside these Terms; see section 17.

2. What NightNight does

NightNight is a mobile iOS application that creates personalised bedtime stories for children aged 3 to 11. Stories are generated using third-party artificial-intelligence services (Anthropic for text, ElevenLabs for voice narration and sound effects) and are delivered as text and pre-recorded-style audio narration. Stories are available in English and German at launch, with additional languages planned.

NightNight also offers an optional community library where you can choose to publish a story so that other families can listen to it and create their own personalised versions. Publication to the library is always explicit and opt-in on a per-story basis — see section 10.

The app is designed to be operated by a parent or legal guardian; children are not intended to operate the app themselves.

We may change, add, remove, or temporarily suspend any feature of the app at any time. We will not materially reduce paid features during a billing period without giving you notice and, where legally required, a refund option.

3. Eligibility and your role as a parent or guardian

To use NightNight you must:

be at least 18 years old (or the age of majority in your country of residence);

be the parent or legal guardian of any child whose personalisation details (first name, gender, favourites) you enter as a Protagonist; and

have the authority to bind yourself to these Terms.

If you are using the app on behalf of a child, you are responsible for choosing stories and themes that are suitable for them and for previewing stories before playback if you think that is prudent. You remain responsible for everything that happens under your account.

4. Account, registration, and subscription

4.1 Account and registration

To generate any story in NightNight you must first create a user account with your first name, last name, email address, and a password. Identity and authentication are handled by AWS Cognito; your password is stored only as a salted hash. There is no free generation tier and no trial story before registration.

4.2 Subscription required for story generation

Story generation is gated behind an active paid subscription purchased through the Apple App Store. The Apple subscription step acts both as your payment method and as our adult-in-charge verification step under applicable children’s-privacy laws (see the Privacy Policy).

4.3 Account security

You are responsible for keeping your login credentials secret. You must notify us immediately at tobias.munk@night-night.app if you suspect unauthorised use of your account.

5. Subscriptions, billing, and cancellation

5.1 Apple as merchant of record

All subscriptions are sold and billed by Apple through the App Store, not by us directly. Payment terms, billing cycles, applicable taxes, and refund handling are governed by Apple’s subscription rules in your country. We never see or store your payment-card number.

5.2 Auto-renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your Apple ID will be charged at the then-current price disclosed in the App Store.

5.3 Managing and cancelling

You can view, manage, or cancel your subscription at any time in your Apple ID’s Subscriptions settings on your device. Cancelling stops future renewals; access to paid features continues until the end of the period you have already paid for.

5.4 Refunds

Refund requests are handled by Apple under Apple’s policy. We do not process refunds directly. Nothing in this section limits mandatory consumer-protection refund rights that apply to you under EU, UK, or other applicable law (see section 14). For consumers in the EU/EEA and the UK, note that the right of withdrawal for digital content expires once delivery has begun with your express prior consent and your acknowledgement that you lose the right of withdrawal — Apple will present this notice at subscription time.

5.5 Price changes

We may change subscription prices. If we do, the new price will take effect at your next renewal, and Apple will ask you to confirm the new price in line with App Store policies before any higher amount is charged.

6. Protagonists, household data, and information about third parties

6.1 Protagonists

A Protagonist is a child profile you create for story personalisation. For each Protagonist you provide a first name, a gender, and your child’s favourites (colours, foods, animals with optional pet name, activities, stories, an optional “anything else” note). NightNight does not ask for or store the age, date of birth, birth month, or birth year of a child. Story complexity is chosen by you on a per-story basis.

6.2 Household data

You may optionally provide household data — other parents and caregivers, grandparents, aunts and uncles, friends, pets, recent life events, and notes for the storyteller — so that stories feel more personal.

6.3 Third-party information warranty

When you enter information about any other person (including but not limited to other adults in your household, grandparents, aunts/uncles, friends of your child, or any other children), you represent and warrant to NightNight that:

you have the authority and permission of that person (or, if the person is a child, of their parent or legal guardian) to share their information with NightNight for the purposes of generating stories;

the information you enter is limited to what is strictly necessary for story personalisation and is accurate;

you will not enter any special-category data about any person — including data revealing health, religion, political opinions, sexual orientation, racial or ethnic origin, trade-union membership, or any equivalent sensitive information;

you accept legal responsibility for the information you enter about third parties, including any consequences of entering information without the required permission.

If a third party whose details you entered contacts us (tobias.munk@night-night.app) and asks for their information to be removed, we will act on that request as soon as we can verify the person’s identity. You will not hold us responsible for doing so, and we may notify you that the request has been actioned.

6.4 Sensitive information, and the boundary of automatic anonymisation

Do not enter sensitive, identifying, or embarrassing information into Protagonist profiles, household context, storyteller notes, free-text fields, or story inputs. Examples of information you must not enter include: home or school addresses, phone numbers, government identifiers, health or medical information, religious or political beliefs, images or audio of any person, or any content that sexualises, frightens, or harms a child. We may remove any such information if we discover it, and repeated or serious breaches may lead to termination of your account.

Scope of NightNight’s automatic anonymisation. NightNight maintains a configuration that identifies certain protected name fields — the Protagonist’s first name, household member names and nicknames (parents, grandparents, aunts/uncles, friends), and pet names. Names you enter in those structured fields are registered as protected names, are tokenised during story generation, and are substituted with NightNight’s default character names in the anonymised library version of a published story.

Names you type into free-text fields are not automatically protected. If you enter a real name (of yourself, your child, any other family member, or any third party) into a free-text field — for example the “anything else” note, “recent life events”, “notes for the storyteller”, or a free-form plot instruction — that name is not automatically registered as a protected name and therefore will not necessarily be substituted with a default character name when the story is published. If you intend to publish a story to the community library, you must keep real names out of free-text fields and use the structured fields for names. NightNight is not liable for names that appear in a published library version because they were typed into a free-text field.

7. Intellectual property, AI output, and your licence

NightNight’s ownership of a story depends on whether the story has ever been published to the community library. Private-only stories belong to you; once-published stories belong to NightNight at the underlying-text layer while you retain rights only to your personalised audio rendering. This section sets that out.

7.1 Our rights

The NightNight app, its design, code, brand, templates, prompt library, voice configurations, and underlying technology belong to Tobias Munk (or our licensors, including Apple, Anthropic, ElevenLabs, OpenAI, and AWS) and are protected by Swiss, EU, UK, US, and international copyright, trademark, and related rights. Nothing in these Terms transfers those rights to you.

7.2 Private-only stories (never published to the community library)

A private-only story is a story you have never published to the community library. Email-invitation sharing under section 9 is a private action and does not make a story “published” for the purposes of this section.

For private-only stories:

You own the story in its entirety — both the text and the personalised audio — to the extent ownership attaches to AI-generated content under the law applicable to you.

NightNight retains no version of it. We host the story in your account only so that we can deliver it to you. We do not keep an anonymised copy.

If you delete a private-only story, it is destroyed in full on our systems (text, audio, and metadata).

If you delete your account and the story has always been private, it is destroyed in full as part of the deletion process described in section 12.

You may use your private-only stories for personal, non-commercial family enjoyment, including playing them back, downloading or exporting them for your own records, and sharing them privately with family or friends using the in-app email-invitation feature. You may not sell, license, publish outside the in-app community library, or otherwise commercially exploit them, and you may not use them to train other machine-learning models.

7.3 Once-published stories (published to the community library at any time)

A once-published story is a story that has been published to the community library at any point, whether or not it is currently published. Once a story is published for the first time, the ownership model below applies, and un-publishing the story later does not reverse it.

For once-published stories:

The underlying anonymised story text (the prose with placeholder tokens such as [CHILD], containing no real names) belongs to NightNight permanently. The first act of publication effects an assignment of that text to NightNight for all purposes.

The personalised audio rendering (the specific audio file that speaks your child’s real first name) remains with you under a non-exclusive, non-transferable, personal-use licence to play, download, and email-share it privately. You do not own the underlying text and may not extract or re-use it outside NightNight.

NightNight may host, display, re-render (with different names), and distribute the underlying text to other NightNight users as part of the community library. This is the right you granted on first publication and which we retain after any subsequent un-publishing.

On deletion of your account or of the story, the account-deletion / clone-chain logic in section 12 applies: your personalised audio is destroyed, but NightNight’s anonymised text persists.

7.4 Your personalisation inputs

You retain ownership of the personalisation inputs you provide (Protagonist details, household context, plot instructions). You grant us a limited, non-exclusive, royalty-free licence to process those inputs as strictly necessary to operate the app, generate the requested story, and keep it available in your account. See the Privacy Policy for how we handle these inputs.

7.5 Feedback

If you send us suggestions or feedback, you agree that we may use them without restriction and without owing you anything.

8. Nature and limits of AI-generated content

NightNight relies on third-party AI systems to produce stories. You acknowledge that:

AI output is probabilistic: the same prompt can produce different results, and occasionally those results may be inaccurate, repetitive, culturally narrow, or otherwise unsuitable for your child.

NightNight is designed for entertainment and bedtime relaxation. It is not intended as educational advice, medical advice, therapy, crisis support, or a substitute for adult supervision.

You are responsible for previewing a story before playing it to a child if you think the theme warrants it, and for turning off or editing any story that you do not find appropriate.

If you encounter content that you believe is unsafe, inappropriate, or inaccurate, please report it to tobias.munk@night-night.app so we can investigate and, where appropriate, improve our prompt safeguards.

9. Sharing stories with friends by email invitation

NightNight lets you share a generated story with a friend or family member by sending an email invitation from inside the app.

You enter the recipient’s email address. We pass it to AWS Simple Email Service (SES) to deliver the invitation once, and we do not store the recipient address in our database (“fire-and-forget”). If the recipient has not yet opened the invitation when you delete the story, the share link will no longer work; they will not be contacted further.

We create a share token that is tied to the story. Tokens are one-use and expire 90 days from creation.

When the recipient taps the deep link on an iPhone running NightNight, the shared story is claimed into their NightNight downloads. If they do not yet have NightNight installed, the invitation link will prompt installation.

You are responsible for sending invitations only to people to whom you have the right to send email under applicable law, including the CAN-SPAM Act (US), the ePrivacy Directive (EU), the UK PECR, and similar rules. Do not use the invitation feature to send unsolicited commercial email, spam, or messages the recipient has asked not to receive.

10. Publishing to the community library

Publication of a story to the community library is always explicit and opt-in on a per-story basis. No story is ever published automatically; the default state of every story is private.

10.1 How publishing and un-publishing work

Publishing. Each story has a privacy toggle that defaults to Private. To publish a story you must deliberately switch the toggle to Publish to community library and confirm your choice on an in-app confirmation dialog.

The confirmation dialog makes clear that:

When you publish, NightNight generates an anonymised library version of the story, using NightNight’s own default character names. Your child’s first name does not appear in the library version and is never distributed to other users.

Other families may create their own personalised versions (clones) of the story by substituting their own family’s names into the narration. Those clones live on those families’ accounts only.

Once a story is published for the first time, NightNight acquires permanent ownership of the underlying anonymised text (section 7.3). Clones already created by other families will continue to exist on their accounts.

Published stories display a visible indicator in the app.

Un-publishing. You may un-publish a story at any time. When you un-publish:

The anonymised library version is removed from the library’s discovery surfaces, and no new clones can be created from it.

Clones that other families have already created continue to exist on those families’ accounts; we cannot retroactively remove them.

On your own account, your personalised version (with your child’s first name) remains available to you privately unless you delete it.

Because NightNight owns the underlying text after first publication (section 7.3), we may continue to keep the anonymised library version available for other families even after you un-publish, but we do not have to.

10.2 Ownership transfer and licence on first publication

Publication has two legal effects. One of them is permanent; the other affects how we may render the story.

Permanent: ownership of the underlying anonymised text transfers to NightNight. The first time you publish a story to the community library, ownership of the underlying anonymised story text (the prose with placeholder tokens, containing no real names) is assigned to NightNight on a permanent, worldwide, royalty-free basis. From that moment on, NightNight owns that text for all purposes, as set out in section 7.3. Un-publishing the story does not reverse this assignment.

Permission to render and distribute the anonymised library version. You grant NightNight a worldwide, royalty-free, non-exclusive right to render the underlying text as an anonymised library version using NightNight’s own default character names, and to host and distribute that anonymised version through the community library. Your own personalised audio (the recording that speaks your child’s first name) is not distributed by NightNight at any time; it stays on your account for your private use and email-share only.

You warrant that you have the rights and permissions needed for this ownership transfer and these licences, and that your story does not infringe any third party’s rights.

10.3 Content standards for published stories

Published stories become visible to other families, including families with young children. You agree that any story you publish will comply with the content standards in section 11. We may, at our discretion, un-publish or remove stories that do not comply, notify you, and, for repeated or serious breaches, suspend or terminate your account.

11. Acceptable use

When using NightNight you agree not to:

use the app for anyone who is not your own child or a child in your legal care;

enter personal data about a third party (adult or child) without that person’s or their parent’s/guardian’s consent (see section 6.3);

use the app to generate or publish content that is unlawful, hateful, sexual, violent towards children, medically dangerous, or otherwise designed to harm a child;

attempt to reverse-engineer, decompile, or extract prompts or training data from the AI sub-processors;

use automated means (scripts, scrapers) to access the service, or create more accounts than you actually use;

resell, sublicense, or commercially exploit the app or its output;

circumvent the parental gate, the subscription gate, or any technical limitation;

abuse the email-invitation feature to send unsolicited or unwanted messages;

publish to the community library any story whose content you do not hold the rights to share, or any story the purpose or framing of which is to demean, harass, or identify a specific real-world person other than your own fictionalised family members;

use the app in a way that breaches Apple’s App Store terms, our sub-processors’ acceptable-use policies, or applicable law.

We may suspend or terminate your account without refund (beyond mandatory consumer-law refunds) if you breach this section.

12. Account deletion and the clone chain

You may delete your account at any time from the in-app settings or by emailing tobias.munk@night-night.app. When you delete your account, the following process runs in order:

All private-only stories on your account (never published to the community library, regardless of whether they were ever shared by email invitation) are deleted in full — text, audio, and metadata. We retain no anonymised copy.

All clones you created from library stories — where your child’s name was used in your personalised rendering — are deleted in full.

Your personalised audio of any once-published story is deleted.

Once-published stories survive in the library through their anonymised library version. NightNight has owned the underlying anonymised text since first publication (section 7.3), and the anonymised library version — which uses NightNight’s default character names and never contained your child’s name — continues to be available to other families. Authorship is shown as NightNight.

All remaining personal information is deleted: account credentials, Protagonist profiles, household data, star ratings, download records, share tokens, and support correspondence tied to your account, except data we are legally required to retain (such as subscription and billing records under Swiss accounting law).

End result: after deletion is complete, no version anywhere in the system contains your or your children’s names. Stories you downloaded to your device, and stories that other users downloaded to their devices before the deletion, remain on those devices; we cannot remotely remove downloaded content from user devices, and those files can no longer be re-downloaded from our systems once the corresponding version is deleted. You can delete downloaded files from your device at any time from the app’s downloads screen.

If you prefer to keep your account but remove a specific story from the community library, you can un-publish it in-app (section 10.1).

13. Disclaimers

Subject to section 14, the app and all AI-generated content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, and the accuracy or appropriateness of any story for a given child.

14. Statutory consumer rights

Nothing in sections 13, 15, or elsewhere in these Terms excludes or limits:

our liability for death or personal injury caused by our negligence;

our liability for fraud or fraudulent misrepresentation;

your mandatory statutory rights as a consumer under EU, UK, Swiss, US state, or other applicable law (including the right to have a digital service that conforms to the contract under EU Directive 2019/770 and the UK Consumer Rights Act 2015);

any other liability that cannot be excluded or limited under the law of your country.

You keep all consumer rights that cannot be waived.

15. Our liability

Subject to section 14, to the maximum extent permitted by law:

we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or loss of goodwill;

our total aggregate liability for any claim arising out of or relating to these Terms or the app is limited to the greater of (a) the total amount you paid for NightNight subscriptions in the twelve months before the event giving rise to the claim, or (b) CHF 100;

we are not responsible for events outside our reasonable control (force majeure), including but not limited to failures of Apple, AWS, Anthropic, ElevenLabs, OpenAI, Cloudflare, or Vercel, internet outages, or government action.

16. Indemnity

You agree to hold us harmless against reasonable claims brought by third parties to the extent those claims arise from (a) your breach of these Terms, (b) your misuse of the app, (c) your infringement of a third party’s rights, or (d) your breach of the third-party-information warranty in section 6.3 (including entering the information of a non-consenting third party). This clause does not apply to consumers where local law prohibits such indemnities; in that case we will only seek reimbursement to the extent permitted.

17. Apple-specific terms

If you use NightNight on an Apple device, the following additional terms apply, and you acknowledge them for Apple’s benefit as a third-party beneficiary:

These Terms are between you and NightNight, not between you and Apple. Apple is not responsible for the app or its content.

Apple has no obligation to provide maintenance or support for the app.

In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the app; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the app.

NightNight is responsible for addressing any product-liability claims, claims that the app does not conform to legal or regulatory requirements, and claims arising under consumer-protection or similar legislation.

In the event of any third-party claim that the app or your possession and use of it infringes that third party’s intellectual-property rights, NightNight (not Apple) is responsible.

You must comply with applicable third-party terms when using the app (for example, your wireless-data-service agreement).

Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Termination

You can close your account at any time from the in-app settings or by emailing tobias.munk@night-night.app. We may suspend or close your account if you materially breach these Terms, if required by law, or if continuing the service is no longer commercially viable; we will give you reasonable notice where we can.

Upon termination, sections that by their nature should survive (including 6.3, 7.1, 7.3, 8, 10.2, 10.3 (as applied to content already published), 12, 13–16, 19–21) will continue to apply.

19. Governing law

These Terms are governed by the substantive law of Switzerland, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers resident in the EU, EEA, or UK, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

20. Courts and dispute resolution

Before taking legal action, please email us at tobias.munk@night-night.app so we can try to resolve your complaint amicably.

For consumers, you may bring legal action before the courts of your country of habitual residence, and we may bring legal action only before those courts.

For non-consumers, the exclusive place of jurisdiction is Zug, Switzerland.

You may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr, though we are not required to participate in ODR proceedings.

Nothing in this section limits your right to complain to a data-protection or consumer-protection authority.

21. Changes to these Terms

We may change these Terms to reflect product changes, legal developments, or security and fraud-prevention needs. When we make a material change we will:

update the “Last updated” date at the top;

notify you in the app at least 30 days before the change takes effect (or as soon as reasonably practicable for urgent changes required by law); and

give you the option to cancel your subscription before the change takes effect if you do not accept it.

Continuing to use the app after the new Terms take effect means you accept them.

22. Miscellaneous

Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the app.

No waiver. If we do not enforce a right, we have not waived it.

Severability. If any part of these Terms is held unenforceable, the rest remains in force.

Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer our rights if we reorganise, sell the business, or incorporate; we will tell you and your mandatory consumer rights are not affected.

Language. This is the English version. We also publish a German version; in case of a material discrepancy between language versions, the English version prevails for legal interpretation, without prejudice to the right of German-speaking consumers to rely on the German version under applicable consumer law.

Notices. Notices to us must be sent to tobias.munk@night-night.app. Notices to you will be sent to the email address on your account.

23. Contact

Email: tobias.munk@night-night.app Post: Tobias Munk, Postfach, 6318 Walchwil, Switzerland

End of Terms and Conditions.