Effective date: 8 September 2026

These Terms of Use ("Terms") govern your use of the NiteTale mobile application (the "App") and the website https://nitetale.app (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

Our Privacy Policy explains how we handle personal data and forms part of these Terms.

1. Who we are

NiteTale is made and run by two sole traders working together ("we", "us", "our"):

SOFTWARE Paweł Śląski — publisher of the Android app on Google Play
ul. Ignacego Matuszewskiego 15A/2, 80-288 Gdańsk
NIP 7422172307, REGON 366588343

szygiTech - Usługi IT Mateusz Szygenda — publisher of the iOS app on the App Store
ul. 3 Maja 13/7, 81-728 Sopot
NIP 5851461436, REGON 365588849

Your contract under these Terms is with the publisher of the app you installed: SOFTWARE Paweł Śląski if you use the Android app from Google Play, szygiTech - Usługi IT Mateusz Szygenda if you use the iOS app from the App Store. Both of us run the story service behind the apps and are jointly responsible for it, so you can address any question or complaint to either of us. One contact point serves both: [email protected].

2. What NiteTale is

NiteTale is an app for parents and guardians. You type a short text "wish" (up to 2,000 characters), choose the story language (Polish or English), and the Service generates a personalised children's bedtime story as text and narrated audio. If you name your child in the wish, the child becomes the hero of the story.

Stories are generated on our servers using artificial intelligence models operated by third-party providers. Generation usually takes two to three minutes. A finished story can be downloaded from our servers for a limited time (about 24 hours from when it is ready). After that window it is removed from our servers and continues to exist only as a copy saved on your device.

The App is distributed through the Apple App Store and Google Play.

3. Who may use NiteTale

NiteTale is made for families: a parent or guardian writes the wish, and the child listens. The account, the subscription and the wishes are yours; the stories are for them.

Because the account involves a contract and payments, you must be an adult (18, or the age of majority where you live) to create one, and you must be entitled to make decisions for any child you name in a wish or play a story to. Children can listen to stories with you, but we do not create accounts for children and we do not knowingly collect personal data directly from them. You decide what goes into a wish and what your child hears.

4. Your account

You sign in with a Google account or with Sign in with Apple, through Firebase Authentication. We receive your email address (with Sign in with Apple this may be a private relay address if you choose to hide your email), your display name where the provider shares one, and a technical user identifier. You are responsible for keeping your Google or Apple account secure and for all activity that occurs under your NiteTale account.

You may stop using the Service at any time. To delete your account and the associated server-side data, follow the steps in the "How to delete your account and data" section of our Privacy Policy.

5. Wishes, generated stories and AI content

Your wish. You are responsible for the content of the wishes you write. Do not include information about other people that you are not entitled to share. If you include your child's name or other details, we use them only to generate that story, on your instruction.

Generated content. Stories and audio are produced by AI models. They may occasionally be inaccurate, odd, repetitive, or not suitable for your child. Please review each story before playing it to a child. We use the safety filters of our providers and may decline to generate a story from a wish that is blocked by those filters; in the App this is shown as a story we "couldn't weave". Failed or rejected stories are not deducted from your monthly allowance.

Uniqueness. Similar wishes may produce similar stories for different users. We do not guarantee that any story is unique.

Not a substitute for supervision. Generated content is not reviewed by a person before it is delivered to you. You remain responsible for deciding what your child hears.

Reporting a story. If a story or its narration contains something you consider harmful, offensive or otherwise unsuitable, report it to [email protected] with the story title and, if you can, the wish it came from. We review every report, remove the story from our servers where appropriate, and use what we learn to improve our filters. We may add a report option inside the App; until then, email is the way to reach us.

6. Acceptable use

You agree not to:

write wishes intended to produce hateful, sexual, violent, harassing, discriminatory, or otherwise harmful content, or content that is unsuitable for children;
attempt to extract, reveal, or manipulate the instructions or prompts we give to AI models;
reverse engineer, decompile, or otherwise attempt to derive the source code of the App or our servers, except where the law expressly allows it;
use scrapers, bots, or other automated means to access the Service, or use the Service in a way that places unreasonable load on it;
resell, sublicense, or commercially redistribute the Service or the stories and audio it produces;
use the Service in violation of any applicable law or the rights of others.

We may suspend or terminate accounts that breach this section (see section 13).

7. Plans, prices and payments

Free plan. The Free plan lets you generate up to 5 stories per calendar month at no cost.

NiteTale Premium. NiteTale Premium is an auto-renewing subscription that gives you up to 10 stories per month and priority generation. It is sold through the Apple App Store and Google Play at USD 9.99 per month or USD 79.98 per year. The price shown in the store in your local currency is the price you pay.

Allowance. Your monthly allowance resets at the start of each plan period. Unused stories do not roll over to the next period. Only successfully generated stories count towards the allowance.

Renewal and cancellation. Your subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the renewal date. You can cancel at any time in the Subscriptions section of Google Play or, for a purchase made through the App Store, in the Subscriptions section of your Apple account settings. After cancellation you keep Premium access until the end of the period you have already paid for; no further charges are made.

Refunds. Purchases are made through Google Play or the App Store, and refunds are handled by the store under its refund policy together with the mandatory consumer law that applies to you (see section 8). If you believe a charge was made in error, contact the store's support first, and let us know at [email protected] if you need help.

Changes to plans and prices. We may change prices or the contents of our plans. We will give you notice in the App, on our website, or by email before a change takes effect. A change will not affect a period you have already paid for; it applies from the next renewal, and you can cancel before then if you do not accept it.

8. Information for EU consumers

If you live in the European Union or the European Economic Area, the following applies in addition to any other rights you have under the law of your country.

Digital content and digital services. NiteTale Premium is a digital service, and each generated story is digital content supplied to you without a tangible medium. EU rules on the conformity of digital content and digital services apply. If the Service does not conform to the contract, you have the statutory remedies available to consumers in your country, including the right to have the defect remedied, a price reduction, or termination of the contract.

Right of withdrawal. As a consumer, you have the right to withdraw from a distance contract within 14 days without giving a reason. For a subscription, the 14 days run from the day you conclude the contract.

When you request a story, you ask us to begin supplying digital content immediately, before the withdrawal period ends. By doing so, you expressly consent to immediate performance and acknowledge that you lose the right of withdrawal with respect to that story once it has been generated and made available to you. For the subscription itself, if you withdraw during the 14-day period after having used the Service, you may be asked to pay an amount proportionate to what was supplied up to the moment of withdrawal, to the extent the law allows.

To exercise the right of withdrawal, send an unambiguous statement to [email protected] or to our postal address, or use the refund process in Google Play. You may use the model withdrawal form set out in the EU consumer rights rules, but this is not mandatory.

Nothing in these Terms limits any right you have as a consumer under mandatory law.

9. Intellectual property and your licence

The Service. The App, the website, our brand, and all software and content we provide (other than your wishes and the stories generated from them) are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for personal and family use, in accordance with these Terms.

Your wish. You keep all rights to the wishes you write. You grant us a licence to process your wishes solely to provide the Service to you, including sending them to our AI providers to generate your story.

Generated stories. We do not claim ownership of the stories and audio generated for you. We grant you a personal, non-commercial licence to use them for private family purposes, for example playing them to your children, saving them on your device, or sharing them privately with family members. You may not sell, publish as a product, or otherwise commercially redistribute generated stories or audio. Because similar wishes may produce similar output, we cannot promise that a story is unique or that no one else will receive something alike.

10. Availability and changes to the Service

We provide the Service on a best-effort basis. We do not guarantee that it will be available at all times or free of interruptions, and generation times may vary with demand. We may modify, add, or discontinue features of the Service. Where a change materially reduces what you have paid for, we will tell you in advance and you will be able to cancel.

The Service depends on third-party providers (for example the App Store, Google Play, Firebase, and Google's Gemini AI models). We are not responsible for interruptions caused by those providers, although we will do what we reasonably can to restore the Service.

11. Liability

To the extent permitted by law:

we are not liable for indirect or consequential loss, loss of data that you have not backed up, or loss arising from the content you include in a wish;
our total liability to you in connection with the Service in any twelve-month period is limited to the amount you paid us for the Service in that period;
we are not liable for the accuracy, suitability, or effect of AI-generated content, provided we have taken the reasonable care described in these Terms.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law that applies to you, including liability for death or personal injury caused by negligence, for fraud, or for a breach of your statutory rights as a consumer.

12. Health note

NiteTale is an entertainment product. It is not a medical device, a sleep therapy, or a substitute for professional advice. We do not promise that a story will help your child fall asleep or achieve any other outcome. If you have concerns about your child's sleep or health, consult a qualified professional.

13. Termination

By you. You can stop using the Service at any time and delete your account as described in the Privacy Policy. Deleting your account does not automatically cancel a Google Play subscription; cancel it in Google Play to stop future charges.

By us. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we discontinue the Service. Where reasonable, we will give you notice and an opportunity to respond first. If we terminate a paid subscription other than for your breach, we will refund the unused part of the period you paid for, unless the law provides otherwise.

Effect. Upon termination your licence to use the App ends. Stories already saved on your device remain there until you uninstall the App or clear its data.

14. Changes to these Terms

We may update these Terms from time to time. The effective date is shown at the top of this page. We will announce material changes at least 14 days before they take effect, in the App or on our website. If you continue to use the Service after the effective date, the new Terms apply to you. If you do not agree to a change, stop using the Service and cancel any subscription before the change takes effect.

15. Governing law and disputes

These Terms are governed by the law of Poland. If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of the country in which you live.

If you have a complaint, please contact us first at [email protected]; we will try to resolve it with you directly. If you are an EU consumer, you may also use the European Commission's online dispute resolution platform or the out-of-court dispute resolution bodies available in your country. Nothing in this section prevents you from bringing a claim in the courts of your country of residence where the law gives you that right.

16. Additional terms for the iOS app

These terms apply if you use NiteTale on an Apple device. They are required by Apple and apply in addition to the rest of these Terms.

These Terms are an agreement between you and szygiTech - Usługi IT Mateusz Szygenda only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
Your licence to the iOS app is limited to a non-transferable licence to use it on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
Apple has no obligation to provide maintenance or support for the App.
If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation; any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility.
We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation.
In the event of a third-party claim that the App or your use of it infringes that third party's intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of the claim.
You represent 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 on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the App (for example your wireless data service agreement).
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
Purchases in the iOS app are made through Apple's In-App Purchase. Subscription management, cancellation and refunds for those purchases are handled by Apple under its terms.

17. Contact

SOFTWARE Paweł Śląski — publisher of the Android app on Google Play
ul. Ignacego Matuszewskiego 15A/2, 80-288 Gdańsk
NIP 7422172307, REGON 366588343

szygiTech - Usługi IT Mateusz Szygenda — publisher of the iOS app on the App Store
ul. 3 Maja 13/7, 81-728 Sopot
NIP 5851461436, REGON 365588849

Email: [email protected] Website: https://nitetale.app