These Terms of Service (the "Terms") form a binding agreement between you and World Seed, LLC ("World Seed", "we", "us", or "our") governing your access to and use of Night Ledger, our private sleep diary app for iOS (the "App"). By downloading, installing, or using the App, you accept these Terms. If you do not agree, do not download or use the App.
1. Eligibility
You may use the App only if you can form a legally binding contract with us under applicable law. If you are a minor in your jurisdiction, you may use the App only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf and is responsible for your use of the App.
2. License to Use the App
Subject to your compliance with these Terms and the applicable App Store terms, World Seed, LLC grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use one copy of the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.
3. Your Data
Night Ledger stores all diary entries, settings, and data locally on your device. You own your data. We do not access, collect, or store any of it. You are solely responsible for backing up your device if you wish to preserve your data, and for any exports you create and share. Deleting the App removes all data from your device.
4. Acceptable Use and Restrictions
You agree that you will not, and will not attempt to or permit anyone else to:
- reverse engineer, decompile, disassemble, or otherwise derive the source code of the App, except to the limited extent applicable law expressly permits despite this restriction;
- use the App for any unlawful purpose or in violation of these Terms or applicable law;
- copy, modify, distribute, sell, rent, lease, or otherwise commercialize the App or any part of it.
5. No Medical Advice
Night Ledger is a personal journaling tool for recording sleep. It does not diagnose, treat, cure, or prevent any disease or medical condition. The App does not provide medical advice, sleep recommendations, or health assessments. If you have concerns about your sleep or health, consult a qualified healthcare professional.
6. Intellectual Property
The App, including its code, design, artwork, and the Night Ledger name and branding, is owned by World Seed, LLC or its licensors and is protected by copyright, trademark, and other laws. Except for the limited license granted in these Terms, no rights, title, or interest in or to the App are transferred to you.
7. Privacy
Your use of the App is also governed by our Privacy Policy, which describes how information is handled in connection with the App. By using the App, you acknowledge that the Privacy Policy applies.
8. Apple App Store Terms
The following terms apply because you obtained the App through the Apple App Store. You acknowledge and agree that:
- These Terms are concluded between you and World Seed, LLC only, and not with Apple Inc. ("Apple"). World Seed, LLC, not Apple, is solely responsible for the App and its content.
- The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the applicable App Store Terms of Service.
- Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
- Apple is not responsible for any product warranties, whether express or implied. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) of the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- World Seed, LLC, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation, to the extent required by applicable law.
- World Seed, LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your use of it infringes that third party's intellectual property rights.
- 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.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you as a third-party beneficiary.
You must also comply with all applicable third-party terms of agreement, including the App Store Terms of Service and Usage Rules, when using the App.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, always available, secure, or error-free, or that defects will be corrected.
10. Limitation of Liability
To the maximum extent permitted by applicable law, World Seed, LLC and its officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of data, profits, or goodwill, arising out of or relating to your use of or inability to use the App. In no event will our total aggregate liability for all claims relating to the App exceed the greater of the amount you actually paid for the App or US$50.
11. Indemnification
You agree to indemnify, defend, and hold harmless World Seed, LLCand its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your misuse of the App or your violation of these Terms or applicable law.
12. Termination
We may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms or if we discontinue the App. The license granted to you ends automatically if you stop using or delete the App. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "last updated" date above. Your continued use of the App after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using and delete the App.
14. Governing Law and Disputes
These Terms and any dispute arising out of or relating to them or the App are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in the State of Delaware will have exclusive jurisdiction and venue over any such dispute, and you consent to personal jurisdiction in those courts, except where prohibited by applicable law.
15. Contact
If you have questions about these Terms, contact World Seed, LLC at tea.x.random@gmail.com.