Terms of Use

Not medical advice

Noctis's scores, insights, coaching and other content are for general wellness and information only. They aren't a substitute for professional medical advice, diagnosis or treatment. Noctis isn't intended to detect, diagnose, treat, cure or prevent any disease or condition, including sleep disorders.

Talk to a doctor before starting a new exercise program, or if anything you see in the app worries you. Never ignore professional medical advice, or delay seeking it, because of something in Noctis.

Estimates, not measurements

Noctis relies on data recorded by your Apple Watch and iPhone, including the sleep stages Apple Watch detects. Wearable sensors produce estimates, and readings can be affected by fit, movement, battery level, settings and device model. Scores and recommendations are calculated from those estimates and may not be accurate for you.

The Smart Alarm

Alarms depend on your devices being charged, worn or nearby, and set up correctly, and on system settings such as Focus modes, volume and notifications. We work to make the Smart Alarm dependable, but we can't guarantee it will wake you. For anything you can't afford to miss, set a second alarm.

Your licence to use Noctis

We give you a personal, non-exclusive, non-transferable, revocable licence to use Noctis on Apple devices you own or control, for your own non-commercial use, in line with these terms and the App Store's Usage Rules.

If you got Noctis from the App Store, Apple's Licensed Application End User License Agreement also applies. If the two conflict, these terms apply to the extent the law allows.

Please don't

• copy, modify, distribute, sell or rent Noctis;
• reverse engineer or try to extract its source code, except where the law allows it;
• remove or change any copyright, trademark or other notices; or
• use Noctis for anything unlawful or in a way that could harm others.

Purchases

If Noctis offers paid features or subscriptions, they're sold through the App Store and handled by Apple under Apple's terms, including payment, renewal, cancellation and refunds. You can manage subscriptions in Settings → your name → Subscriptions.

Your data

How Noctis handles data is described in our Privacy Policy. In short, your health data stays on your devices and is never sent to us.

Ownership

Noctis, including its software, design, text, graphics, the Noctis name and the owl logo, belongs to us or our licensors and is protected by law. These terms don't give you any right to use our trademarks.

Changes

We may add, change or remove features of Noctis, or stop offering it. We may also update these terms. When we do, we'll change the date at the top of this page, and for significant changes we'll let you know in the app or on this site. If you keep using Noctis after changes take effect, you accept the updated terms.

Disclaimer

To the extent the law allows, Noctis is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't promise that Noctis will be uninterrupted, error-free or right for your needs.

Limitation of liability

To the extent the law allows, we aren't liable for any indirect, incidental, special, consequential or punitive damages, for any loss of data, or for decisions you make based on Noctis. Our total liability for any claim relating to Noctis is limited to the amount you paid for Noctis in the 12 months before the claim, or CAD $50 if you paid nothing. Some places don't allow these limits, so they may not apply to you.

Ending these terms

You can stop using Noctis at any time by deleting it. We may end your licence if you break these terms. Sections that by their nature should continue, such as the disclaimer and limitation of liability, survive after the terms end.

Apple

If you got Noctis from the App Store, you and we also agree that:

• These terms are between you and us, not Apple. Apple isn't responsible for Noctis or its content.
• Apple has no obligation to provide maintenance or support for Noctis.
• If Noctis fails to meet any applicable warranty, you can notify Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for Noctis.
• We, not Apple, are responsible for handling any claims relating to Noctis, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and consumer protection claims.
• If anyone claims that Noctis infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and resolving that claim.
• You confirm that you aren't located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you aren't on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept them, Apple may enforce them against you.

Governing law

These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. If you're a consumer, you keep any rights you have under the laws of the place you live, and nothing in these terms takes those rights away.

Contact

Noctis Health Inc.
Questions about these terms: support@noctis.health