Terms and Conditions

These Terms and Conditions (“Terms”) govern Your access to and use of the Tonight mobile application, the website at usetonight.com, and related services (collectively, the “Service”) provided by Shanghai Sujian Intelligent Technology Co., Ltd. (“Tonight”, “Company”, “We”, “Us”, or “Our”).

By downloading, installing, accessing, or using the Service, You acknowledge that You have read, understood, and agree to be legally bound by these Terms and Our Privacy Policy. If You do not agree, please stop using the Service and delete the Application from Your Device.

1. Interpretation and Definitions

1.1 Interpretation

Capitalized terms have the meanings provided in this Section or otherwise defined in these Terms. The definitions apply regardless of whether terms appear in singular or plural.

1.2 Definitions

• Affiliatemeans any entity that controls, is controlled by, or is under common control with the Company, where “control” means direct or indirect ownership of at least fifty percent (50%) of the equity interests or voting securities.
• Applicationmeans the mobile application titled “Tonight,” including all related features, tools, content, and updates.
• Company, We, Us, or Our means Shanghai Sujian Intelligent Technology Co., Ltd., a company registered in Shanghai, China.
• Device means any device capable of accessing the Service.
• Service means, collectively, the Application, the Website, associated software, content, and any services offered by the Company.
• User Content means any text, notes, journal entries, mood or self-assessment responses, or other content uploaded, submitted, or transmitted by You through the Service.
• Website means usetonight.com and any associated subdomains.
• You means the individual using the Service or the legal entity on whose behalf the individual uses the Service.

2. Health and Wellness Disclaimer

Tonight is a self-help and habit-tracking application designed to help You build healthier sleep routines through behavioral guidance, scheduled reminders, and progress tracking. The Service is not a medical service, medical device, therapy, or counseling, and it does not diagnose, treat, or prevent any sleep disorder, mental health condition, or other medical condition. Nothing in the Service constitutes medical advice, and no doctor–patient or healthcare-provider relationship is created by Your use of the Service.

If You experience persistent insomnia, sleep apnea, severe fatigue, mental health distress, or any other medical concern, please consult a qualified healthcare professional. The Service is not a substitute for professional care.

Behavioral change and sleep improvement are highly individualized, and We do not guarantee any particular outcome. You remain solely responsible for Your personal decisions, including any changes to Your sleep schedule, medication, supplements, or lifestyle.

3. Eligibility

You represent and warrant that You are at least 13 years old. If You are between 13 and 17 years old, You may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be fully responsible for all activities conducted using the Service. We reserve the right to suspend or terminate Accounts where age requirements are not met.

4. Account Registration and Security

To access certain features You may be required to create an Account, which You can do via Sign in with Apple, Google, or other supported authentication providers. You agree to provide accurate information, maintain the security of Your credentials, and promptly notify Us of any unauthorized access. You are responsible for activity occurring under Your Account.

5. License to Use the Service

Subject to Your compliance with these Terms, We grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the Application solely for Your personal, non-commercial use. All rights not expressly granted are reserved.

6. Intellectual Property

The Service and all related technology — including the software, algorithms, databases, designs, graphics, text, branding, trademarks, logos, user-interface elements, habit-tracking models, and recommendation logic — are the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, license, or create derivative works of the Service; reverse engineer, decompile, or attempt to extract source code or data models; scrape or harvest data from the Service; use automated bots, crawlers, or similar tools; or use the Service or its content to train, fine-tune, or evaluate any artificial-intelligence or machine-learning system without Our prior written consent. We reserve all available legal remedies for violations of this section.

7. User Content

The Service may allow You to create or submit User Content such as journal entries, notes, mood logs, and self-assessment responses. You retain ownership of Your User Content. By submitting it, You grant Us a worldwide, non-exclusive, royalty-free license to store, process, and display such content solely to operate, maintain, and improve the Service. You represent that You have the right to submit such content and that doing so does not violate any third party’s rights.

8. Acceptable Use

You agree not to use the Service to violate applicable law, infringe third-party rights, transmit harmful or unlawful content, impersonate another person, exploit the Service for unauthorized commercial purposes, send spam, or interfere with the operation, security, or integrity of the Service. We may remove content, restrict access, or terminate Accounts that violate these provisions.

9. Subscriptions and Billing

Certain features of the Service require a paid Subscription. Subscriptions are purchased through the Apple App Store, and payment processing, renewals, and refunds are governed by Apple’s terms. Subscriptions automatically renew at the end of each billing period unless You cancel at least 24 hours before the period ends; You can manage and cancel Subscriptions in Your Apple ID account settings.

All fees are non-refundable except where required by applicable law or by Apple’s policies. We reserve the right to modify Subscription pricing or plans with reasonable notice.

10. Third-Party Services

The Service integrates with third-party services, including authentication providers (such as Apple and Google), the Apple App Store for subscription processing, and analytics or crash-reporting providers. We are not responsible for any third-party content, policies, or data practices. Your use of any third-party service is governed by that provider’s own terms. If the Application is downloaded from the Apple App Store, You acknowledge that these Terms are between You and Tonight, not Apple Inc., and Apple has no responsibility for the Application or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against You.

11. Disclaimer of Warranties

The Service and all related content and features are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, We disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted, secure, or error-free operation. We do not warrant that the Service will improve Your sleep or produce any specific outcome.

12. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including damages relating to sleep quality, well-being, health outcomes, loss of data, or loss of profits, arising out of or related to Your use of the Service.

The Company’s total cumulative liability for any and all claims arising from or related to the Service shall not exceed the greater of one hundred U.S. dollars (USD $100) or the total amount You paid to Us in the twelve (12) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Your use of the Service, Your violation of these Terms, any User Content You submit, or Your violation of any law or third-party right.

14. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or Your use of the Service shall be resolved exclusively through binding individual arbitration. By agreeing to these Terms, You waive any right to a jury trial and any right to participate in a class action or representative proceeding.

Unless otherwise mutually agreed or required by applicable law, arbitration shall take place in the State of Delaware and shall be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect.

15. Termination

We may suspend, restrict, or terminate Your access to the Service at any time, with or without notice, if You violate these Terms or engage in conduct that creates legal, security, or reputational risk for the Company. You may stop using the Service and delete Your Account at any time from the Profile screen inside the Application.

16. Changes to the Service

We reserve the right to modify, suspend, or discontinue features of the Service, or change pricing, at any time, subject to applicable law.

17. Corporate Transactions

If We undergo a merger, acquisition, financing, restructuring, or sale of assets, information associated with Your Account may be transferred to the successor or acquiring entity. Any such entity will be required to handle Your information consistent with Our Privacy Policy or to provide appropriate notice of any material changes, as required by applicable law.

18. Export Compliance

You may not use, access, or export the Service in violation of applicable United States or other export-control laws, sanctions regulations, or international trade laws.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles.

20. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right.

21. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between You and the Company regarding Your access to and use of the Service.

22. Contact Us

If You have questions about these Terms or the Service, please contact Us:

Shanghai Sujian Intelligent Technology Co., Ltd.
Email: xiao@usetonight.com
Website: usetonight.com