Terms of Service
These Terms of Service ("Terms") govern your use of the Nightsay: Snore & Sleep Talk app ("Nightsay", "the app") published by Hartmann Studios ("we", "us"). By downloading or using the app you agree to these Terms. If you do not agree, do not use the app. Our Privacy Policy explains how the app handles information.
1. The app
Nightsay records audio overnight on your Android device, detects sounds such as snoring, talking and coughing using an on-device model, keeps short clips of those sounds, and shows a morning report. Sound detection can be wrong: it may miss sounds or label them incorrectly, and recording can be interrupted by your device's battery or system settings.
2. Not medical advice
2a. AI summaries and insights
AI sleep summaries, weekly stories and Smart insights are generated automatically, on your device, from your night's numbers. They may be inaccurate, incomplete or simply wrong, and they are provided for wellness and entertainment only, not as medical advice. Tag patterns and snore experiments show what lines up with your scores over a small number of nights; they do not show causes. The optional downloadable model (Qwen2.5 1.5B Instruct) is open-source software by the Qwen team, provided under the Apache 2.0 license, and is downloaded from Hugging Face; Gemini Nano is provided by Google as part of Android on supported devices, under Google's terms.
3. Eligibility
You must be at least 13 years old to use the app. If you are under the age of majority where you live, you may use the app only with the permission of a parent or guardian.
4. Your recordings and recording laws
Your recordings are stored on your device and belong to you. You are responsible for how you use the app and the recordings you make or share, and for complying with laws that apply to recording other people. You are also responsible for anything you choose to share or export from the app, including share cards, highlight reels, clips, transcripts and backup files, and for where you store them. Do not use the app to record anyone without their knowledge where the law requires consent. Let people who sleep near your phone know you are recording.
5. Free version and ads
The free version is supported by ads from Google AdMob, shown on the results and history screens and never while recording. The free version keeps your most recent 3 nights; older nights are deleted automatically.
6. Premium subscriptions and lifetime purchase
- Plans: Premium is offered as a monthly subscription ($2.99 per month), a yearly subscription ($19.99 per year), or a one-time lifetime purchase ($34.99). These are US prices; Google Play shows the price in your local currency, including any applicable taxes. Prices may change; a price change for an existing subscription is handled according to Google Play's rules, which include notifying you in advance.
- Free trial: the yearly plan may include a free trial (for example 7 days) when Google Play offers it. Google Play shows the trial and the price before you confirm. Unless you cancel before the trial ends, the subscription starts and you are charged at the end of the trial.
- Billing: all purchases are processed by Google Play and charged to the payment method on your Google Play account at confirmation of purchase.
- Auto-renewal: subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period.
- Cancelling: you can cancel any time in the Google Play Store app: tap your profile icon → Payments & subscriptions → Subscriptions → Nightsay → Cancel subscription, or at play.google.com/store/account/subscriptions. Uninstalling the app does not cancel a subscription. After cancelling, Premium stays active until the end of the period you already paid for.
- Lifetime: the lifetime purchase is a one-time payment that unlocks Premium for as long as the app is offered, on devices signed in to the same Google Play account. It does not renew.
- Restoring: Premium is tied to your Google Play account and is restored automatically when you reinstall the app with the same account.
7. Refunds
Because purchases are processed by Google Play, refunds are handled under Google Play's refund policy. You can request a refund through Google Play. If you have a problem with a purchase, open an issue on GitHub (don't post order numbers or other personal details publicly) and we will help where we can. Nothing in these Terms limits any refund rights you have under applicable consumer law.
8. Acceptable use
You agree not to copy, modify, reverse engineer, resell or redistribute the app, interfere with its ads or purchase systems, or use it for any unlawful purpose.
9. License and ownership
We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Android devices you own or control, subject to these Terms and the Google Play Terms of Service. The app, its design and its content (other than your recordings) are owned by Hartmann Studios and its licensors. The YAMNet model, the optional Qwen2.5 model and other third-party components are provided under their own licenses.
10. Disclaimer of warranties
The app is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not guarantee that the app will record every night completely, detect every sound, label sounds correctly, transcribe speech correctly, produce accurate AI summaries or insights, or restore every backup file, or that it will be uninterrupted or error-free.
11. Limitation of liability
To the fullest extent permitted by law, Hartmann Studios will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, recordings, profits or goodwill, arising from or related to your use of or inability to use the app. Our total liability for any claim relating to the app is limited to the amount you paid us for the app in the 12 months before the claim, or US$10 if you paid nothing. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnity
You agree to indemnify and hold harmless Hartmann Studios from claims arising out of your misuse of the app or your violation of these Terms or of any law, including laws about recording other people.
13. Changes and termination
We may update the app or these Terms. If we change these Terms, we will post the new version on this page and update the effective date; continuing to use the app after that means you accept the changes. We may stop offering the app, and you may stop using it at any time by uninstalling it.
14. Governing law
These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in New York, and you and we consent to their jurisdiction, except where the law of your country of residence gives you the right to bring a claim in your local courts.
15. Google Play
These Terms are between you and Hartmann Studios, not Google. Your use of Google Play is also subject to the Google Play Terms of Service.
16. Contact
Hartmann Studios
Support: open an issue on GitHub