NightCurve

Privacy Policy

1. Introduction and Data Controller

NightCurve ("we", "us", "our", "the app") is a drink session tracking and wellness awareness app developed by an independent developer based in Poland. For the purposes of the EU General Data Protection Regulation (GDPR), the UK GDPR, and the Polish Act on the Protection of Personal Data (RODO), we act as the data controller for any personal data processed through the app.

Contact: support@nightcurve.app

This Privacy Policy explains how we collect, use, and protect your information. It applies to the NightCurve iOS app, the Apple Watch companion app, Live Activities (Lock Screen widgets), and all associated features.

2. Data We Process on Your Device

NightCurve stores ALL data exclusively and locally on your device. We do NOT collect, transmit, or store any personal data on external servers.

Depending on how you use the app, the following data may be stored locally on your device:

• Profile information (weight, age) — used solely for session status calculations
• Drink records (type, volume, alcohol percentage, timestamp, alcohol color, mixer type) — used for session tracking, statistics, and hangover risk assessment
• Drinking session data (water intake, meal status, meal size, session timestamps) — used for hangover risk calculation
• App preferences (region, unit system, language, visual effects) — used to customize the user experience
• Premium access status — managed through Apple's StoreKit framework

3. Health and Sensitive Data

Information about alcohol consumption, drinking behavior, and estimated session impact may be considered sensitive or health-related data in some jurisdictions, including under the GDPR (Article 9), UK GDPR, and similar regulations.

NightCurve processes this information exclusively on your device to provide session tracking, statistics, Apple Watch sync, Live Activities, and related features. We do not transmit this data to our own servers, advertisers, analytics providers, or other third parties.

4. Data We Do NOT Collect

We do NOT collect:

• Your name, phone number, or contact information through the app itself
• Location or geolocation data
• Device identifiers, advertising identifiers, or fingerprinting data
• Usage analytics, behavioral data, or telemetry
• Health data from Apple HealthKit
• Crash reports or diagnostic data sent to the developer
• Cookies or similar tracking technologies
• Biometric data
• Any data transmitted to external servers

If you contact us directly by email, we will process the contact information and message content you choose to provide solely for support, legal, or customer-service correspondence.

5. Lawful Basis for Processing (GDPR Article 6)

We process your personal data on the following lawful bases:

• Consent (Article 6(1)(a)): You voluntarily enter your data to use the app's core functionality.
• Legitimate interest (Article 6(1)(f)): Processing is necessary to provide and maintain the app features you choose to use on your own device.
• Where alcohol-related estimation data is treated as health-related data under applicable law, we rely on your voluntary and affirmative provision and use of that data solely to provide the features you request within the app.

You may withdraw your consent at any time by deleting your data within the app or by uninstalling the app entirely.

6. Purpose of Processing

Your data is processed exclusively for the following purposes:

• Session wellness scoring using proprietary algorithms (weight, age)
• Drink history tracking and statistical analysis
• Hangover risk estimation (session data, drink characteristics)
• Displaying real-time session status via Live Activities on your Lock Screen
• Syncing session data with the Apple Watch companion app
• Verifying premium feature access via Apple StoreKit

We do NOT use your data for profiling, marketing, advertising, or any purpose beyond the stated functionality.

7. Apple Watch Companion

If you use the Apple Watch companion app, drink data and session status are transferred between your iPhone and Apple Watch using Apple's WatchConnectivity framework. This communication occurs directly between your paired devices over Bluetooth and does not pass through any external servers. Data stored on the Apple Watch is kept locally on the watch.

8. Live Activities (Lock Screen)

NightCurve uses Apple's ActivityKit to display session status, time remaining, and status labels on your Lock Screen and Dynamic Island. This data is processed and displayed entirely on your device using Apple's system frameworks. No data is transmitted externally.

9. In-App Purchases

Premium purchases are processed entirely by Apple through the App Store using StoreKit. We do not have access to your payment information, Apple ID, or billing details. For information about how Apple handles your payment data, please refer to Apple's Privacy Policy.

10. Third-Party Services

NightCurve does not integrate any third-party analytics, advertising, crash reporting, or tracking services. We do not share, sell, rent, or otherwise disclose your data to any third parties.

The only external service interaction is with Apple's StoreKit for in-app purchase verification, which is handled entirely by Apple's infrastructure.

11. Data Storage, Security, and Retention

• Storage: All data is stored locally on your device using Apple's SwiftData framework (an on-device database).
• Apple Watch: If you use the companion watch app, a limited copy of relevant session state may also be stored locally on your paired Apple Watch.
• No cloud sync: Data is not synced to iCloud, CloudKit, or any cloud service.
• Security: Data is protected by your device's built-in security features, including device encryption, passcode, Face ID, and Touch ID.
• Retention: Data is retained on your device for as long as the app is installed. You may delete individual drink records, reset all data from Settings, or uninstall the app to permanently remove all data.
• Deletion: When you uninstall the app, locally stored app data is removed from that device. If you also use the Apple Watch companion app, data stored on the watch is removed when the watch app is removed.

12. International Data Transfers

Since all personal data is stored exclusively on your device and is never transmitted to external servers, no international or cross-border data transfers occur. This applies regardless of your location.

For in-app purchases, Apple may process transaction data in jurisdictions where Apple operates. Please refer to Apple's Privacy Policy for details.

13. Your Rights

Depending on your jurisdiction, you have the following rights regarding your personal data:

EU/EEA, UK, and Poland (GDPR / UK GDPR / RODO):

• Right of access (Art. 15) — view your data directly in the app
• Right to rectification (Art. 16) — edit your profile and drink records at any time
• Right to erasure (Art. 17) — delete individual records, reset all data, or uninstall the app
• Right to restrict processing (Art. 18)
• Right to data portability (Art. 20) — your data is already stored locally on your device
• Right to object (Art. 21)
• Right to withdraw consent at any time (Art. 7(3)) — without affecting the lawfulness of processing based on consent before its withdrawal
• Right to lodge a complaint with a supervisory authority:
  • Poland: Prezes Urzędu Ochrony Danych Osobowych (PUODO), uodo.gov.pl
  • UK: Information Commissioner's Office (ICO), ico.org.uk
  • EU: Your local Data Protection Authority

California, USA (CCPA/CPRA):

• Right to know what personal information is collected
• Right to delete personal information
• Right to opt-out of sale or sharing of personal information — we do NOT sell or share your personal information
• Right to non-discrimination for exercising your rights

We do NOT sell your personal data. We do NOT share your personal data for cross-context behavioral advertising.

China (PIPL):

• Right to know and decide on the processing of your personal information
• Right to restrict or refuse processing
• Right to access and copy your personal information
• Right to correct and supplement your information
• Right to request deletion
• Right to request explanation of processing rules
• Right to withdraw consent

No cross-border transfer of personal information occurs.

Australia (Privacy Act 1988 / APPs):

• Right to access your personal information (APP 12)
• Right to correction of personal information (APP 13)
• Right to anonymity or pseudonymity where practicable (APP 2)
• Right to complain to the Office of the Australian Information Commissioner (OAIC), oaic.gov.au

Since all data is stored locally on your device, you exercise most of these rights directly by editing or deleting data within the app, or by uninstalling the app. For any requests you cannot fulfill directly, contact us at support@nightcurve.app.

14. Children's Privacy

NightCurve is not intended for use by anyone under the legal drinking age in their jurisdiction (21 in the USA, 18 in most other countries). The app is rated 17+ on the Apple App Store due to alcohol-related content.

We do not knowingly collect personal information from children under 13 (COPPA, USA), under 16 (GDPR, EU), under 14 (PIPL, China), or under the legal drinking age in any jurisdiction. If we become aware that a minor has used the app, we encourage the parent or guardian to contact us so we can assist with data deletion.

15. Data Breach Notification

Since all core user data is stored exclusively on your device and we do not have direct access to it, the risk of a server-side personal data breach by us is limited. If we become aware of a security incident affecting the app, its components, or our legal obligations toward users, we will assess and fulfill any notification duties required by applicable law.

16. Changes to This Policy

We may update this Privacy Policy from time to time. Any changes will be reflected in the app with an updated "Last updated" date. We encourage you to review this policy periodically. Continued use of the app after changes constitutes acceptance of the updated policy.

17. Contact

If you have any questions about this Privacy Policy, wish to exercise your rights, or have concerns about your data, please contact us at: support@nightcurve.app

For EU users, you may also file a complaint with your local Data Protection Authority or use the EU Online Dispute Resolution platform.

Terms of Use

By downloading, installing, or using NightCurve ("the app"), you agree to these Terms of Use. If you do not agree, do not use the app.

1. Description of Service

NightCurve is a drink session tracking and wellness awareness app that uses proprietary algorithms to provide approximate session status estimates based on user-provided data (weight, age, and drink information). The app also provides hangover risk estimation, drink history, statistics, an Apple Watch companion, and Live Activities for your Lock Screen.

NightCurve is available in a free version and a premium version with additional features (statistics, history, hangover risk tracking, Apple Watch).

2. Important Health and Safety Disclaimers

a) Not a Medical Device

NightCurve is NOT a medical device. It is NOT approved, cleared, or regulated by the FDA (USA), EMA (EU), TGA (Australia), or any other health regulatory authority worldwide. The app does NOT provide medical advice, diagnosis, or treatment. It is intended for educational and informational purposes only. Always consult a qualified healthcare professional for medical advice.

b) Estimates Only — Not Accurate Measurements

NightCurve provides ESTIMATES ONLY based on a simplified mathematical model. Actual effects of alcohol can vary significantly (by 20% or more) from estimates. The app CANNOT account for individual factors including but not limited to:

• Individual metabolism rate and genetic variation
• Food consumption timing and type
• Medications and drug interactions
• Liver function and health conditions
• Hydration level
• Drink preparation variations (actual alcohol content may differ from stated)
• Rate of alcohol absorption (varies by individual)
• Body composition (muscle vs. fat ratio)
• Genetic factors (e.g., ALDH2 deficiency)
• Tolerance levels
• Fatigue, illness, or altitude

c) Driving and Safety — Critical Warning

NEVER use this app to determine whether you are fit to drive a vehicle, operate machinery, or perform any activity that requires sobriety. If you have consumed ANY amount of alcohol, DO NOT DRIVE — regardless of what the app displays.

A "Fresh" status in the app does NOT guarantee sobriety or fitness to drive. Any status labels, region settings, or similar references shown in the app are provided for general informational and educational purposes only. They may be simplified, incomplete, outdated, or inapplicable to your exact jurisdiction or circumstances.

Legal alcohol limits vary by country, state, province, and region and may change over time. The app is NOT a substitute for a certified breathalyzer, blood test, legal advice, or official government guidance.

You assume ALL risk associated with decisions made after consuming alcohol.

d) Not Legal Advice

The app does NOT provide legal advice. Session status estimates are NOT legal measurements and cannot be used in legal proceedings. The app cannot determine whether you are legally intoxicated or legally permitted to drive in any jurisdiction. Consult official government sources or qualified legal counsel for questions about alcohol-related laws.

e) Hangover Risk Estimates

Hangover risk estimates are approximate and for informational purposes only. Individual responses to alcohol vary dramatically. The app cannot predict actual hangover severity.

3. Age Requirement

You must be of legal drinking age in your jurisdiction to use this app (21 in the USA, 18 in most other countries). By using NightCurve, you confirm and warrant that you meet this requirement. If you do not meet the age requirement, you must immediately cease using the app.

4. User Responsibilities

By using NightCurve, you acknowledge and agree that:

• You are responsible for the accuracy of data you enter (weight, age, drink information)
• Incorrect input leads to incorrect estimates
• You will NOT rely on the app as a substitute for professional medical or legal advice
• You will comply with all applicable laws regarding alcohol consumption and driving
• You will NOT use the app in any way that encourages dangerous or illegal behavior
• You are solely responsible for your own decisions regarding alcohol consumption
• You understand and accept the limitations of session status estimation

5. Premium Features and In-App Purchases

NightCurve offers premium features available through in-app purchases:

• Lifetime purchase — one-time payment for permanent access
• Annual subscription — auto-renewable subscription
• Monthly subscription — auto-renewable subscription

All payments are processed by Apple through the App Store and are subject to Apple's Terms of Service. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage or cancel subscriptions in your Apple ID account settings. Refund requests must be directed to Apple, not to the developer. Premium feature offerings may change over time.

6. Warranty Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTY OF MERCHANTABILITY
• WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
• WARRANTY OF ACCURACY OR RELIABILITY OF SESSION STATUS ESTIMATES
• WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION
• WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS
• WARRANTY THAT THE APPLE WATCH COMPANION WILL ALWAYS SYNC CORRECTLY
• WARRANTY THAT LIVE ACTIVITIES WILL ALWAYS DISPLAY CURRENT OR ACCURATE INFORMATION

Nothing in these Terms affects your statutory rights as a consumer under applicable law, including mandatory consumer protection rights under EU, UK, or Australian law that cannot be excluded or limited.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIGHTCURVE AND ITS DEVELOPERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:

• Your use of or inability to use the app
• Any decisions made based on information provided by the app
• Any inaccuracies in session status estimates, hangover risk assessments, or any other calculations
• Any injury, death, or property damage resulting from alcohol consumption
• Any legal consequences arising from reliance on the app
• Loss of data
• App downtime or unavailability
• Apple Watch companion limitations or disconnections
• Live Activities display errors or delays

Our total aggregate liability shall not exceed the amount you have paid for the app.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

You use this app entirely at your own risk.

8. Indemnification

You agree to indemnify, defend, and hold harmless NightCurve and its developers from any claims, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use or misuse of the app
• Your violation of these Terms
• Your violation of any law or regulation
• Any decisions made based on information provided by the app
• Any harm caused to third parties as a result of your actions after using the app

9. Intellectual Property

All content, design, code, trademarks, and trade dress in NightCurve are protected by copyright and intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the app for personal, non-commercial purposes. You may not copy, modify, distribute, reverse-engineer, decompile, or create derivative works of any part of the app.

10. Apple-Specific Terms

You acknowledge that these Terms are between you and the developer of NightCurve, not Apple. Apple has no obligation to furnish maintenance or support services for the app. In the event of a failure to conform to any applicable warranty, you may notify Apple for a refund of the purchase price; Apple has no other warranty obligation. Apple is not responsible for addressing any claims related to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles. For EU consumers, mandatory consumer protection laws of your country of residence may also apply.

EU users may utilize the EU Online Dispute Resolution platform.

12. Termination

We reserve the right to terminate or suspend your access to the app at any time, for any reason, without notice. You may terminate by deleting the app. The following sections survive termination: Disclaimers (Section 2), Warranty Disclaimer (Section 6), Limitation of Liability (Section 7), Indemnification (Section 8), and Intellectual Property (Section 9).

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the developer regarding the use of NightCurve, superseding any prior agreements.

15. Changes to Terms

We reserve the right to modify these Terms of Use at any time. Material changes will be communicated through the app. Continued use of the app after changes constitutes acceptance of the new terms.

16. Contact

For questions about these Terms of Use, contact us at: support@nightcurve.app

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