These Terms of Service ("Terms") govern your use of the Noctura iOS application (bundle identifier xyz.bogtsi.noctura) and any content or features it provides (the "App"). The App is provided by an individual developer based in Israel ("we", "us", or "our"). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices that you own or control, for your own personal, non-commercial use. This license is granted under the terms of Apple's Licensed Application End User License Agreement (EULA), which applies to your use of the App as an application obtained through the App Store; where these Terms are silent, Apple's standard EULA governs.
You may not copy, modify, reverse-engineer, decompile, sublicense, sell, rent, or otherwise exploit the App or its content except as expressly permitted by these Terms or applicable law.
Noctura offers an optional auto-renewing premium subscription ("Premium") that unlocks additional features and removes ads. Subscriptions and payments are handled by Apple through the App Store; we do not process or store your payment details.
Subscription entitlements are managed through RevenueCat on our behalf. See our Privacy Policy for details on the data involved.
The App may display advertising (via Google AdMob) to users who do not have an active Premium subscription. By using the free version of the App, you agree that such advertising may be shown. Advertising is subject to Apple's App Tracking Transparency framework and your tracking choice, as described in our Privacy Policy.
You agree not to:
Noctura is intended for general relaxation, meditation, and sleep-support purposes only. It is not intended to diagnose, treat, cure, or prevent any disease or medical or psychological condition, and it is not a substitute for professional medical advice, diagnosis, or treatment.
Features such as breathing exercises, guided narration, ambient sounds, and any binaural or tone-based audio are provided for relaxation and well-being and make no therapeutic or medical claims. Always seek the advice of a qualified health provider with any questions you may have regarding a medical condition, sleep disorder, or mental-health concern.
Any mindful-minutes data written to Apple Health is provided for your own informational and personal tracking use only and should not be relied upon for medical purposes.
The App and all of its content — including software, design, text, graphics, sounds, audio recordings, and guided narration — are owned by us or our licensors and are protected by intellectual-property laws. The premium narration audio was generated using third-party voice technology (ElevenLabs) at build time and is included as licensed content. Except for the limited license in Section 1, no rights are granted to you. "Noctura" and associated marks are our property.
The App relies on third-party services, including Apple (App Store, HealthKit), Google AdMob, and RevenueCat. Your use of those services through the App may be subject to their own terms and policies. We are not responsible for the practices of these third parties. Apple Health integration is optional and requires your explicit permission.
The App is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that any defects will be corrected. You use the App at your own risk, to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the App, even if we have been advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to the App or these Terms will not exceed the greater of the amount you paid us for the App in the twelve (12) months preceding the claim, or ten U.S. dollars (US$10).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, our liability is limited to the smallest extent permitted by law.
You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the App or your violation of these Terms or of applicable law.
These Terms are between you and us only, not with 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); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
These Terms remain in effect while you use the App. We may suspend or terminate your access if you violate these Terms. You may stop using the App at any time by deleting it. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) survive.
These Terms are governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict-of-laws rules. Subject to any mandatory consumer-protection rights available to you under the law of your country of residence, you agree that the competent courts located in Israel will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App.
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and post the new version at this URL. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, stop using the App.
Questions about these Terms? Email support@bogtsi.xyz.