Legal
Terms of Use (EULA) for NightPulse
Last Updated: April 20, 2026
These Terms supplement the Apple Standard EULA. In case of conflict, Apple’s EULA prevails where required.
1. Agreement to Terms
By downloading, installing, or using the NightPulse mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not install or use the App.
2. Description of Service
NightPulse is a mobile application that allows you to:
- Record overnight audio from the device microphone during sleep sessions you explicitly start
- Run on-device snoring detection to generate a snore score, intensity chart, episode count, and timeline for each night
- Tag nights with contextual labels (for example: alcohol, stress, sport, caffeine) and review tag correlations
- Track multi-night trends and export reports as PDF or share the original audio file
The App processes all audio locally on your device. It does not connect to a backend server for detection or storage.
3. Trial and One-Time Purchase
3.1. Trial
- NightPulse includes a free trial period, disclosed in the App at the time of installation
- The trial provides full access to all features for the duration of the trial period
- At the end of the trial, the App will require a one-time purchase to continue using premium features
3.2. One-Time Purchase
- Lifetime access is unlocked through a single one-time in-app purchase (not a subscription)
- Prices are displayed in the App at the time of purchase and may vary by region
- Once purchased, the entitlement is linked to your App Store or Google Play account and can be restored on devices using the same store account
- There are no recurring charges and no automatic renewals
3.3. Purchase Processing
- In-app purchases are processed by Apple App Store or Google Play Store
- Purchase receipts are validated through RevenueCat for entitlement management
- Refund requests should be directed to Apple or Google according to their refund policies
3.4. Right of Withdrawal (EU)
- In accordance with EU consumer protection law, you have a 14-day right of withdrawal from digital purchases
- By completing the one-time purchase and consenting to immediate delivery of the digital entitlement, you expressly acknowledge and agree that you waive your right of withdrawal once lifetime access is delivered
- This waiver is presented and requires your consent during the purchase flow
4. On-Device Detection and Reports
4.1. Nature of Detection
- Snoring detection runs on an on-device machine learning model (YAMNet TFLite)
- Detection sensitivity is configurable and platform-tuned
- The snore score, episode count, and intensity chart are generated from this detection
4.2. No Medical Use
- NightPulse is not a medical device. It does not diagnose, treat, cure, or prevent any disease, including sleep apnea
- The snore score, reports, and tag correlations are informational only and are not a substitute for professional medical advice
- If you have any medical concern about your sleep, consult a qualified healthcare professional
4.3. No Guarantees
- We do not guarantee the accuracy of detection in all environments or on all device models
- Detection quality depends on microphone placement, device capabilities, background noise, and sensitivity settings
- Reports and exports are provided "as is" for personal use
5. User Responsibilities
You agree to:
- Use the App only for lawful purposes and only to record your own sleep
- Obtain consent from any third party present in the room before starting a recording, in accordance with applicable local laws on audio recording
- Place the device in a way that allows reliable detection (for example on the nightstand, plugged in)
- Keep the App and your operating system up to date
- Not attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from the App
- Not exploit bugs or vulnerabilities to gain lifetime access without completing the one-time purchase
6. Permissions
- Microphone — required for recording and analyzing snoring
- Notifications — optional, used for the evening sleep reminder and for the foreground recording service on Android
- Permissions can be revoked at any time in your device settings. Revoking the microphone permission will disable recording
7. Privacy
Your use of the App is also governed by our Privacy Policy. Audio recordings and reports are stored locally on your device and are never uploaded to our servers.
8. Intellectual Property
All content, features, functionality, and branding of the App (excluding your own recordings and tags) are owned by NightPulse and are protected by international copyright, trademark, and other intellectual property laws. Third-party components (including the YAMNet model) remain subject to their respective licenses.
9. Limitation of Liability
To the maximum extent permitted by law:
- NightPulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App
- NightPulse is not responsible for any health-related decision made on the basis of information provided by the App
- NightPulse is not responsible for data loss resulting from device failure, operating system updates, or uninstalling the App, since data is stored locally on your device
- NightPulse is not responsible for the availability of Apple App Store, Google Play Store, or RevenueCat services
10. Service Availability
- We reserve the right to modify, suspend, or discontinue the App or any part of it at any time without notice
- Lifetime access is provided for the reasonable lifetime of the App. In the event of discontinuation, the App may remain usable on devices where it is already installed, subject to compatibility with future operating system versions
- We do not guarantee backward compatibility with future operating system releases beyond commercially reasonable support
11. Force Majeure
NightPulse shall not be liable for any failure or delay in performing its obligations caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of government, internet or infrastructure outages, third-party service failures (including app store platforms and RevenueCat), cyberattacks, pandemics, or other force majeure events.
12. Prohibited Uses
You may not use the App to:
- Record any person without their informed consent where such consent is required by law
- Make medical diagnoses or clinical decisions
- Circumvent payment systems or unlock premium features without the one-time purchase
- Redistribute, resell, or sublicense the App or any part of it
13. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by:
- Posting the updated Terms in the App with a revised "Last Updated" date
- Displaying a prominent in-app notice upon the first launch after the update, when the change is material
For material changes, we will provide at least 14 days' notice before the changes take effect. Continued use of the App after the effective date of such changes constitutes acceptance of the new Terms. If you do not agree with the updated Terms, you must stop using the App.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Poland.
15. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: contact@mindmotiontech.com
- Website: NightPulse
16. Apple-Specific Terms
If you are using the App on an iOS device:
- These Terms are between you and NightPulse, not Apple
- Apple is not responsible for the App or its content
- Your use of the App must comply with Apple's App Store Terms of Service
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you
- Apple has no obligation to furnish any maintenance or support services for the App
17. Google Play-Specific Terms
If you are using the App on an Android device:
- These Terms are between you and NightPulse, not Google
- Google is not responsible for the App or its content
- Your use of the App must comply with Google Play Terms of Service
By using NightPulse, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.