Legal

Terms of Use

Last updated: March 2026

1. Description of Service

NightCurve is a blood alcohol content (BAC) estimation tool that uses the Widmark formula to provide approximate calculations based on user-provided data (weight, age, biological sex, 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 the Widmark formula, a simplified mathematical model. Actual BAC can vary significantly (by 20% or more) from estimates. The app CANNOT account for individual factors including but not limited to:

c) Driving and Safety — Critical Warning

A BAC reading of 0.00 in the app does NOT guarantee sobriety or fitness to drive. Any BAC thresholds, region settings, legal-limit indicators, 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 They may be simplified, incomplete, outdated, or inapplicable to your exact jurisdiction or circumstances.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 BAC 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. BAC 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:

5. Premium Features and In-App Purchases

NightCurve offers premium features available through in-app purchases:

All payments are processed by Apple through the App Store and are subject to Apple's Terms of Service. Monthly 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 BAC 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 BAC ESTIMATES, HANGOVER RISK ASSESSMENTS, OR ANY OTHER CALCULATIONS; ANY INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM ALCOHOL CONSUMPTION; ANY LEGAL CONSEQUENCES (DUI/DWI CHARGES, FINES, LICENSE REVOCATION) 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:

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: ec.europa.eu/consumers/odr

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: