Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Night Ahead ("Night Ahead," "we," "us," or "our") governing your use of the Night Ahead mobile app and related services (the "Service"). By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Night Ahead combines weather, moon, light-pollution, and location data into simple recommendations about when and where to see the night sky. It gives you sky-quality scores, forecasts, a map of dark-sky spots, drive-time estimates, alerts, and a journal.

You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Service. If you use the Service on behalf of someone else, you represent that you are authorized to accept these Terms for them.

Night Ahead offers a paid subscription, Night Ahead+, which unlocks the extended forecast, alerts, the dark-sky spot finder, multiple watched locations, and the journal. Subscriptions are offered as:

• Annual — $34.99 per year.
• Monthly — $11.99 per month.

Subscriptions are sold through the Apple App Store and billed to your Apple Account. The following terms apply to auto-renewable subscriptions:

• Payment is charged to your Apple Account at confirmation of purchase.
• Your subscription renews automatically for the same period unless you turn off auto-renew at least 24 hours before the end of the current period.
• Your Apple Account is charged for renewal within 24 hours before the end of the current period, at the price then in effect for your plan.
• You can manage or cancel your subscription, and turn off auto-renew, in your device's Account Settings after purchase.
• There is no free trial. Prices are shown in the app and may vary by region; any change to your renewal price will be disclosed to you in advance as required.

Refunds

Purchases made through the App Store are subject to Apple's refund policies. Because Apple processes the transaction, refund requests are handled by Apple, not by Night Ahead. Except where required by law, subscription fees are non-refundable, and cancelling stops future renewals rather than refunding the current period.

You agree not to:

• Use the Service in any unlawful way or for any unlawful purpose.
• Copy, scrape, resell, or redistribute the Service, its data, or its content except as expressly permitted.
• Reverse engineer, decompile, or attempt to extract the source code of the app, except to the extent permitted by law.
• Interfere with or disrupt the Service, or attempt to gain unauthorized access to it or its related systems.
• Upload content that is unlawful, infringing, or that you do not have the right to share.

Your journal entries, photos, and notes are yours. You retain all rights to the content you create in the Service. You grant us a limited, non-exclusive license to store, process, and display that content solely to operate the Service for you — for example, to sync your journal and show it back to you. We do not use your journal content for advertising, and we do not claim ownership of it.

You are responsible for the content you add and for having the rights to any photos you upload.

Stargazing often means traveling to remote areas, at night, sometimes far from help. This is important:

• You are solely responsible for your own safety and for the safety of anyone with you.
• Drive-time estimates and directions are for planning only. Obey all traffic laws, road closures, and conditions, and never interact with the app while driving.
• Respect private property, park hours and rules, fire restrictions, and posted access limits. A spot appearing in the app is not permission to enter it.
• Come prepared for weather, terrain, and remoteness. Conditions in the field can differ from any forecast.

To the fullest extent permitted by law, you assume all risks associated with traveling to and using any location, and Night Ahead is not responsible for what happens on your outings.

The Service — including its software, design, text, graphics, scoring methods, and the Night Ahead name and logo — is owned by Night Ahead or its licensors and is protected by intellectual-property laws. We grant you a personal, limited, non-transferable, revocable license to use the app for your own non-commercial use, subject to these Terms. All rights not expressly granted are reserved.

The Service depends on third-party data and services, including Apple WeatherKit for weather, open map, geocoding, and routing services for maps, place search, and drive times, and public astronomical and light-pollution data. That data is provided "as is," may contain inaccuracies, and is subject to the applicable third parties' terms. We are not responsible for third-party data or services and do not warrant their accuracy or availability.

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or accurate, or that any forecast or recommendation will match actual conditions.

To the fullest extent permitted by law, Night Ahead and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or relating to your use of (or inability to use) the Service. To the extent liability cannot be excluded, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the 12 months before the claim, or US $50.

You agree to indemnify and hold Night Ahead harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

You may stop using the Service at any time and delete the app. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination — including content licenses you granted, disclaimers, limitations of liability, and indemnification — will survive.

We may update the Service and these Terms from time to time. When we make material changes to the Terms, we will update the date above and, where appropriate, notify you in the app. Your continued use of the Service after changes take effect means you accept the revised Terms.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You agree that any dispute not resolved informally will be subject to the exclusive jurisdiction of the courts located there, except where applicable law gives you the right to bring a claim in your local courts. Nothing in these Terms limits any consumer-protection rights you have that cannot be waived.

Because you obtain Night Ahead through the Apple App Store, the following additional terms apply. In the event of any conflict between this section and the rest of these Terms with respect to your use of the app on an Apple device, this section controls:

• These Terms are between you and Night Ahead only, not with Apple. Apple is not responsible for the app or its content.
• Apple grants you the right to use the app as permitted by the Apple Media Services Terms and the Usage Rules in the App Store Terms of Service, on any Apple-branded device you own or control.
• Apple has no obligation to provide maintenance or support for the app. Any maintenance and support is our responsibility, not Apple's.
• To the extent permitted by law, Apple has no warranty obligation for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; Apple has no other warranty obligation, and any other claims are our responsibility.
• Apple is not responsible for addressing any claims relating to the app, including product-liability, legal or regulatory, or consumer-protection claims. Those are our responsibility, not Apple's.
• If a third party claims the app infringes their intellectual-property rights, Night Ahead — not Apple — is responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and that you are not 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.

Questions about these Terms? Reach us at hello@nightahead.app.