Terms of Service

1. About the Service

Tonight is a digital sleep ritual designed to help you decompress at the end of the day. Using the principles of cognitive off-loading, the app provides a structured space for you to safely record your reflections. We synthesize these thoughts into a curated, personalized audio experience to act as a gentle, non-judgmental companion to help you find closure before you sleep.

2. Important Legal & Health Disclaimer

Please read this section carefully, as it concerns your health and well-being.

Tonight is a cognitive offloading aid and wellness tool. It is not a medical device, nor is it a substitute for professional medical advice, diagnosis, or treatment.

3. Radical Privacy & Your Data

We are built on a foundation of radical privacy. Your use of Tonight is governed by our Privacy Policy, but we want to make our core commitments to you legally binding within these Terms:

• Ephemeral Raw Text (by default): Unless you turn on Keep My Nights, your One Thought submissions are encrypted at rest and are not stored beyond the next sunrise in your timezone. The encrypted entry is hard-deleted within 15 minutes of that expiry by an automated job, and your words are never retained anywhere else in readable form.
• Keep My Nights (optional, off by default): If you enable Keep My Nights in Privacy Settings, you consent to us retaining your encrypted One Thought submissions for 45 days and keeping that night’s generated session replayable for approximately one additional day, so you can revisit them. This applies only from the time you enable it. You may withdraw consent (turn it off) and delete individual entries or all retained content at any time. Retained content is still never used to train AI and is never sold.
• Anonymized Theme Tags: From each submission we extract a small set of coarse theme tags (e.g. work, body, grief, a person), a dominant-emotion label, and an intensity score from 1 to 5 — never your words. We keep these tags for up to 45 days; the most recent ones inform the next ritual’s acknowledgement so it feels remembered, not surveilled.
• Monthly Reflection Summaries: At the end of each calendar month we aggregate that month’s theme tags into a structured summary (tag counts, average intensity, dominant emotional tone). These summaries contain no text and are retained for up to 13 months to power a future retrospective reflection feature.
• You Are in Control: You may disable theme memory entirely from Privacy Settings (which also opts you out of the future monthly reflection feature), and you may permanently delete all theme tags and monthly summaries at any time with a single tap.
• No AI Training: Neither your raw text nor your theme tags nor your monthly summaries are used to train AI models, and they are not sold to third parties.

By using the Service, you grant us a strictly limited license to process your inputs to produce that night’s personalized experience, extract the anonymized theme tags described above, and aggregate them into monthly summaries on the schedule disclosed in our Privacy Policy. All other processing is out of scope.

4. User Eligibility

You must be at least 18 years old to use Tonight. The Service is intended for adults only: it is not directed to anyone under 18, and we do not knowingly collect personal data from anyone under 18. If you believe someone under 18 has provided us with personal data, please contact us and we will delete it.

5. Subscriptions and In-App Purchases

Tonight offers certain premium features and content via auto-renewing subscriptions and in-app purchases made through the Apple App Store or Google Play Store.

Billing & Auto-Renewal: If you purchase a subscription, payment will be charged to your Apple ID or Google Play account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price.

Cancellations: You can manage and cancel your subscriptions by going to your Account Settings on the App Store or Google Play after purchase. Deleting the Tonight app or deleting your Tonight account does not automatically cancel your subscription.

Free Trials: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.

Refunds: Because all billing for in-app purchases is handled entirely by Apple or Google, we do not have the ability to process refunds directly. Any requests for refunds must be directed to Apple Support or Google Play Support and are subject to their respective refund policies.

6. App Store and Google Play Specific Terms

If you download the Service from the Apple App Store or Google Play Store, the following terms apply:

Acknowledgment: These Terms are concluded between you and Hiatus Holding GmbH (Tonight), and not with Apple Inc. or Google LLC. Tonight, not Apple or Google, is solely responsible for the Service and its content.

License Grant: You are granted a non-transferable license to use the Service on any Apple-branded or Android-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions or Google Play Terms of Service.

Maintenance and Support: Tonight is solely responsible for providing any maintenance and support services with respect to the app. Apple and Google have no obligation whatsoever to furnish any maintenance and support services for the app.

Third-Party Beneficiary (Apple Specific): If you downloaded the app from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

7. Educational and Informational Content

From time to time, Tonight may publish blog posts, articles, or other content.

Medical Disclaimer regarding all content: Any articles or content provided by Tonight are for educational and informational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment. If you are struggling with chronic sleep issues, severe anxiety, or mental health concerns, please consult a qualified healthcare provider.

8. Intellectual Property

The Tonight app, website, branding, and underlying technology (including the synthetic audio generation tools) are owned by Tonight and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software without our written permission.

9. “As-Is” Service and Disclaimer of Warranties

Tonight is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, we do not make any express or implied warranties regarding the app’s efficacy for specific health or wellness goals, its reliability, or its uninterrupted availability. Your use of the Service is entirely at your own risk. Furthermore, in the event of any failure of the app to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price for the app (if any); to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the app.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Tonight, its founders, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to emotional distress, loss of sleep, or worsening of mental health conditions, arising out of or related to your use or inability to use the Service.

11. User Conduct

While Tonight is a private space, you agree not to use the app in a way that violates any laws, infringes on anyone’s rights, or attempts to reverse-engineer, hack, or disrupt the Service.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app or website. Your continued use of Tonight after the changes take effect constitutes your agreement to the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

14. Contact Us

If you have any questions about these Terms, please reach out via our contact form or contact us directly.