Terms of Use

1. Parties and Scope

These Terms of Use ("Terms") constitute a legally binding agreement between you and:

The Nightezy application is operated by Fit4life by Joanna Carre (Husenstrasse 9, 6354 Vitznau, Switzerland, UID: CHE-422.513.853).

By downloading, accessing, or using Nightezy, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the application.

2. Eligibility

You must be at least 16 years of age to use Nightezy. By using the application, you represent and warrant that you meet this age requirement. Nightezy is exclusively available in Switzerland.

3. Description of Service

Nightezy provides an AI-powered sleep coaching service through our virtual assistant, Dremo. The service is designed to help users understand and improve their sleep patterns through personalized guidance and recommendations based on data you choose to share, including information from Apple Health.

4. Subscription and Payment

Nightezy operates on a subscription basis with a free trial period. By subscribing:

• You authorize us to charge the applicable subscription fee to your chosen payment method
• Subscriptions automatically renew unless cancelled before the renewal date
• You can manage or cancel your subscription through your Apple App Store account settings
• Refunds are handled according to Apple's App Store refund policies

Prices are displayed in Swiss Francs (CHF) and include applicable VAT.

5. Medical Disclaimer

Nightezy is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

The information and recommendations provided by Dremo are for general wellness purposes only and should not be considered medical advice. If you have concerns about your sleep or health, please consult with a qualified healthcare professional.

Do not disregard professional medical advice or delay seeking treatment because of information provided by Nightezy.

6. User Responsibilities

You agree to:

• Provide accurate and complete information when using the app
• Use the service only for lawful purposes and in accordance with these Terms
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Not attempt to reverse engineer, decompile, or modify the application
• Not use the service to transmit harmful or malicious content

7. Intellectual Property

All content, features, and functionality of Nightezy, including but not limited to text, graphics, logos, icons, the Dremo character, software, and underlying technology, are the exclusive property of Omniscient Sàrl and are protected by Swiss and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use Nightezy for personal, non-commercial purposes in accordance with these Terms.

8. Data Processing

Your use of Nightezy is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using Nightezy, you consent to the data practices described in our Privacy Policy, including the processing of your data by AI services to provide the coaching features.

9. Limitation of Liability

To the maximum extent permitted by Swiss law:

• Nightezy is provided "as is" and "as available" without warranties of any kind
• We do not guarantee that the service will be uninterrupted, error-free, or secure
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the service in the 12 months preceding the claim

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Swiss law.

10. Termination

You may terminate your account at any time by deleting your account through the app settings or by contacting us. We may suspend or terminate your access to Nightezy at any time, with or without cause, including for violation of these Terms.

Upon termination, your right to use Nightezy will immediately cease. Sections of these Terms that by their nature should survive termination will remain in effect.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms in the app and updating the "Last updated" date. Your continued use of Nightezy after such changes constitutes your acceptance of the modified Terms.

12. Governing Law and Jurisdiction

These Terms are governed exclusively by Swiss law, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or your use of Nightezy shall be subject to the exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Contact

For questions about these Terms, please contact us at legal@nightezy.com