Terms of Use

These Terms are an agreement between you and Sparks Strategies LLC ("we", "us"), the maker of Nightsesh. By creating an account or using Nightsesh, you agree to them, so please read them. We've kept them short and clear. Our Privacy Policy explains how we handle your information.

1. Who can use Nightsesh

• You must be at least 13 years old.
• If you're under 18, you need your parent or guardian's permission to use Nightsesh, and they agree to these Terms for you. Parents and guardians: by letting your teen use Nightsesh or approving a purchase, you agree to these Terms on their behalf and are responsible for their use of Nightsesh.
• You must not be barred from using apps like Nightsesh under U.S. law.

2. Your account

You sign in with Sign in with Apple. Keep your devices secure. You're responsible for what happens in your account. Tell us right away if you think someone else is using it. One account per person, and only for yourself.

3. What Nightsesh is, and what it isn't

• Nightsesh is an AI study platform. It turns your classes and your material into notes and practice cards. It also gives you Nightsesh's AI to study with by chat (Chat study), by talking (Voice study) and by listening (Walk & study).
• Nightsesh's AI is AI, not a person. It can be wrong, incomplete or out of date, even when it sounds sure. Always check important answers against your class material, your teacher or another trusted source. Nightsesh shows where its answers came from so you can check.
• Nightsesh isn't medical, mental-health, legal or other professional advice, and it isn't a replacement for your teacher. If you're in crisis, call or text 988, or call 911 in an emergency.
• We may add, change or remove features. If we remove a paid feature you're using, we'll tell you.
• Beta (TestFlight) versions are test versions. They may have bugs, change often, or lose data, so keep your own copies of anything important.

4. Plans, payments and free trials

• Free plan: studying your cards is unlimited. Free class notes, AI help and voice are limited, as shown in the app.
• Paid plans (Nightsesh Plus, Pro, Voice and Voice Max) are auto-renewing subscriptions sold through Apple, monthly or yearly. The price, what's included and the billing period are shown before you buy.
• Auto-renewal: your subscription renews automatically at the same price for the same period unless you cancel at least 24 hours before the end of the current period. Apple charges the payment method on your Apple Account.
• Free trials: yearly Plus and Pro start with a free trial. If you don't cancel at least 24 hours before the trial ends, you'll be charged the yearly price. Apple allows one free trial per Apple Account. During a trial, your allowance is smaller until the first payment.
• Cancel anytime: on iPhone or iPad, go to Settings › [your name] › Subscriptions. You keep access until the end of the period you paid for.
• Refunds are handled by Apple under Apple's policies, at reportaproblem.apple.com. We can't issue refunds for Apple purchases ourselves.
• Allowances: plans include hours of class notes, an amount of AI help (shown as approximate "replies" or "pages") and, on voice plans, voice minutes.
  • Class-notes hours refresh each month and don't carry over.
  • AI help and voice minutes are added to your balance, and the app shows what's left.
  • Allowances have no cash value and can't be transferred.
  • If a purchase is refunded, what it added is taken back.
  • To keep Nightsesh fair and working, we set daily and short-term limits (for example, about 2 hours of voice a day).
• Voice packs are one-time purchases of voice minutes. They don't expire and are refundable only through Apple.
• Family Sharing isn't available for Nightsesh plans. Each plan is for one student.
• Price changes: we'll give you notice before any price increase, and Apple will ask for your consent where required.
• Parents and Ask to Buy: if Ask to Buy is on, Apple asks the parent to approve each purchase.

5. Your material and your rights

• You own what you add to Nightsesh: notes, photos, files, recordings, transcripts and questions ("Your Content").
• You give us permission to store, copy, process and display Your Content, and to send it to our service providers (such as our AI providers). We use it only to run Nightsesh for you and for the people you choose to share with, and to keep Nightsesh safe. That permission ends when you delete the content or your account, except for backup copies that are removed on schedule and anything the law requires us to keep.
• We don't sell Your Content and don't use it for advertising. We don't use it to train AI models, and our AI providers don't use it to train theirs.
• Only add material you have the right to use. That includes class material your teacher allows you to use for studying. Don't share material you don't have the right to share.
• Notes, cards and replies Nightsesh makes for you are yours to use for your own studying.

6. Recording classes

• Recording a class is your responsibility. Before you record, get your teacher's permission and follow your school's rules and the law where you live.
• Some places require more. In California, recording in a K–12 classroom needs both the teacher's and the principal's consent (California Education Code §51512). Some states require everyone's permission to record a conversation. If recording is part of your 504 plan or IEP, follow what it allows.
• Nightsesh asks you to confirm permission once for each Subject (class).
• Recordings stay on your device and are only for your own studying. Don't share, post or sell them, and don't record private conversations.

7. Academic integrity

Nightsesh is built to help you learn. Don't use Nightsesh to cheat. That includes:

• handing in AI-written work as your own
• using Nightsesh during a test when it isn't allowed
• breaking your school's AI rules

You're responsible for following your school's and teacher's rules.

8. Rules for using Nightsesh

Don't use Nightsesh to:

• harass, bully, threaten or hurt anyone, or share someone else's private information
• upload or share sexual content, any content that sexualizes minors, graphic violence, hate, or content that encourages self-harm or illegal activity
• break the law, or anyone's copyright, privacy or other rights
• try to get around Nightsesh's safety rules, limits or payments
• hack, overload, scrape or reverse-engineer the service, or use bots
• pretend to be someone else, or make accounts for other people

We may remove content and limit, suspend or close accounts that break these rules. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC), as the law requires.

9. Sharing with classmates

• On plans that include sharing, you can share a Subject's cards with classmates you approve.
• You're responsible for what you share, and it must follow section 8.
• You can remove someone's access at any time. Copies already on their devices may remain.
• If someone shares with you, use Report or block to report anything inappropriate or to stop them from sharing with you. We review reports and remove content that breaks these Terms.

10. Copyright complaints

If you think something in Nightsesh infringes your copyright, email [email protected] with "Copyright" in the subject line, and include:

• the copyrighted work
• where it appears in Nightsesh
• your name, address, phone number and email address
• a statement that you believe in good faith the use isn't authorized by the owner, its agent or the law
• a statement, under penalty of perjury, that your notice is accurate and that you're the owner or authorized to act for the owner
• your physical or electronic signature

If we remove something because of a notice, the person who posted it can send us a counter-notice. We close the accounts of repeat infringers.

11. Ending your account

• You can delete your account anytime in Settings › Account › Delete account. Deleting your account doesn't cancel an Apple subscription, so cancel that first.
• We may suspend or close your account if you break these Terms or the law, or to protect others. If we close a paid account without a good reason, we'll help you get a refund of the unused part through Apple where possible.
• Sections 5 (the rights we need to finish deleting your content), 12, 13, 14 and 16 still apply after your account ends.

12. Disclaimers

Nightsesh is provided "as is" and "as available." To the fullest extent the law allows, we don't promise that Nightsesh will be error-free or always available. We don't promise that AI output will be accurate, complete or suitable for any purpose, including any grade or test result. Some places don't allow these disclaimers, so they may not all apply to you.

13. Limit on liability

To the fullest extent the law allows, we aren't liable for indirect, incidental, special, consequential or punitive damages, or for lost data, grades or opportunities. Our total liability for any claim about Nightsesh is limited to the greater of what you paid for Nightsesh in the 12 months before the claim or $50. Some places don't allow these limits, so they may not apply to you. Nothing in these Terms limits liability that the law doesn't allow us to limit, or any rights you have as a consumer that can't be waived.

14. Disputes and governing law

• These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules.
• Any dispute will be resolved in the state or federal courts located in Colorado, unless the law where you live gives you the right to bring a claim there.
• Before filing a claim, please email us first and give us 30 days to try to fix it.
• There's no mandatory arbitration and no class-action waiver in these Terms.

15. Changes to these Terms

We may update these Terms. If a change is important, we'll tell you in the app at least 14 days before it takes effect. If you keep using Nightsesh after that, the new Terms apply. If you don't agree, you can stop using Nightsesh and delete your account.

16. Other legal terms

• These Terms, together with our Privacy Policy and the Apple terms in section 17, are the whole agreement between you and us about Nightsesh.
• If a part is found unenforceable, the rest still applies.
• Not enforcing a right isn't a waiver.
• You can't transfer these Terms. We can, as part of a merger or sale, with notice to you.

17. Apple's standard EULA and Apple terms

If you get Nightsesh from Apple's App Store, Apple's Licensed Application End User License Agreement (Apple's standard EULA) also applies to your use of Nightsesh, including its subscriptions. These Terms add to it. If the two conflict, these Terms apply, except that the points below always apply:

• These Terms are between you and Sparks Strategies LLC only, not Apple. We, not Apple, are solely responsible for Nightsesh and its content.
• License: we grant you a limited, non-transferable license to use Nightsesh on Apple-branded products you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions. Family Sharing isn't available for Nightsesh plans.
• Support: we're responsible for maintenance and support. Apple has no obligation to provide any.
• Warranty: if Nightsesh fails to meet any warranty that applies, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent the law allows, Apple has no other warranty obligation for Nightsesh.
• Claims: we, not Apple, are responsible for any claims about Nightsesh, including product liability, failure to meet legal or regulatory requirements, and claims under consumer-protection, privacy or similar laws.
• Intellectual property: if someone claims Nightsesh infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging the claim.
• Legal compliance: you confirm that you're not in a country under a U.S. Government embargo or designated as "terrorist supporting", and that you're not on any U.S. Government list of prohibited or restricted parties.
• Third-party terms: you must follow any third-party terms that apply when you use Nightsesh.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. Contact

Questions, complaints or claims about Nightsesh go to Sparks Strategies LLC:

• Email: [email protected]
• Phone: (719) 320-4431
• Mail: Sparks Strategies LLC, 9213 Kathi Creek Dr, Colorado Springs, CO 80924