Sales Conditions

These Sales Conditions apply to every paid subscription to the Nocturne mobile application (including its Berceuse mode, together the "App"), published by Objectif Thunes, an Australian sole trader based in New South Wales ("we", "us", "our"). They form part of, and must be read together with, the Terms of Service and the Privacy Policy.

The App is distributed exclusively through the Apple App Store and (where available) the Google Play Store. All payments are processed by those platforms. We never receive, see, or store payment card details, bank information, or CVV numbers.

1. The product

Nocturne is a sleep and focus audio app, with a Berceuse mode that swaps the catalog to baby-safe lullabies and ambient sounds. A premium subscription unlocks the full audio library, downloadable offline playback, and the ability to save and publish your own custom mixes ("moods") and playlists.

Free users retain access to a rotating daily-free selection of moods and tracks, and to the App's core navigation. The list of premium features may evolve; we will not downgrade an existing subscriber's feature set below what they had at purchase without giving at least 30 days' notice and a path to cancel.

2. Pricing

The current subscription prices and trial duration (if any) are displayed in the App immediately before purchase, in your local currency, with applicable taxes already included where the store calculates them. The on-store price at the moment of purchase is binding.

We may change prices for new subscribers at any time. Existing subscribers keep their current price until their next renewal after a change; we will give at least 30 days' notice of a price increase by in-app message and email before it applies. If you do not accept the new price, cancel before the next renewal date — your access continues until the end of the period you have already paid for.

3. Free trial

Where we offer a free trial (currently 3 days), it begins the moment Apple or Google records the start of your subscription. At the end of the trial period, the subscription converts automatically to the paid plan you selected and your store account is charged the full amount.

To avoid being charged, cancel the auto-renewal at least 24 hours before the trial ends, via your store's subscription settings (see §5). A free trial can be redeemed once per Apple or Google account, regardless of how many times you create or delete a Nocturne account.

4. Auto-renewal

Subscriptions renew automatically at the end of each paid period (monthly or yearly, as selected) at the then-current price for that plan, until you cancel. Apple or Google will charge your stored payment method at each renewal. You can see your next billing date and the renewal price inside your store's subscription settings at any time.

5. Cancellation

You can cancel auto-renewal at any time, with no contact to us required, via your device's store settings:

• iOS: Settings → [your name] → Subscriptions → Nocturne → Cancel Subscription.
• Android: Play Store → Profile → Payments & subscriptions → Subscriptions → Nocturne → Cancel.

Cancellation takes effect at the end of the current paid period; premium access continues until that date. Cancellation is not a refund — see §7.

6. Right of withdrawal (EU / UK consumers)

If you are a consumer resident in the European Union or the United Kingdom, you have a statutory 14-day right of withdrawal from distance contracts for digital content (Article 9 of Directive 2011/83/EU and the corresponding UK regulations).

Express waiver for immediate performance. Premium content is delivered immediately, in digital form, as soon as you complete the purchase or start a free trial. By initiating the purchase or trial, you (a) expressly consent to immediate performance of the contract and the immediate supply of digital content before the end of the 14-day withdrawal period, and (b) acknowledge that you thereby lose your right of withdrawal once the supply has begun, in accordance with Article 16(m) of the Directive (and its UK equivalent). This express consent is also captured by the Apple and Google purchase flows.

7. Refund policy

We do not refund change-of-mind purchases. Specifically, we do not issue or facilitate refunds for:

• Buyer's remorse, dissatisfaction with content selection, or change of mind after purchase.
• The unused portion of a billing period after you cancel (the period you have paid for continues to be available to you until it ends).
• A purchase you forgot to cancel before renewal.
• Reduced use during a period (e.g. holidays, lost device, account inactivity).
• Compatibility issues with rooted, jailbroken, or modified devices, or with operating-system versions outside the App's stated support range.

We will support a refund only for verified technical failure on our side — i.e. a defect we caused that prevented the premium service from being delivered for a material part of the period you paid for, and which we could not resolve within a reasonable time after you reported it. To request consideration:

• Email contact@objectifthunes.com with the subject "Refund request", the date of purchase, your store transaction ID, your device + OS version, and a clear description of the technical failure.
• We will investigate. If we confirm a qualifying technical failure, we will direct you to the appropriate store-side refund channel (Apple or Google) and back the request with our acknowledgement of the defect.

All refunds are issued by Apple or Google. Both stores hold final discretion under their own published policies; we cannot compel them to issue a refund. Equally, if Apple or Google issues a refund directly on your request without our involvement, we will respect their decision.

Apple: reportaproblem.apple.com · Google: Play Store → Account → Order history → Report a problem.

8. Non-excludable consumer rights

Australian Consumer Law. If you are a "consumer" under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the App carries consumer guarantees that cannot be excluded, including guarantees of acceptable quality, fitness for any specified purpose, and matching its description. In the event of a major failure as defined in that Law, you are entitled to a refund or replacement (your choice) and to compensation for any other reasonably foreseeable loss or damage. For failures that do not amount to a major failure, you are entitled to have the problem rectified in a reasonable time, and if that is not done, to a refund.

Other jurisdictions. Consumers in other countries may have additional non-excludable statutory rights (e.g. under the EU Digital Content Directive 2019/770, UK Consumer Rights Act 2015, or applicable US state law). Nothing in these Sales Conditions excludes, restricts, or modifies any such mandatory right. Section 7 above sets out our voluntary refund position in addition to — not in place of — those rights.

9. Service availability

We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance, security incidents, third-party outages (e.g. Apple, Google, our hosting provider), and force-majeure events may temporarily limit access. Short or isolated interruptions do not constitute a refundable failure under §7.

If we permanently withdraw a paid feature that was advertised at the time of your purchase, we will either restore it within a reasonable time or, at our option, apply a prorated credit or refund through Apple or Google for the unused remainder of the affected period.

10. Chargebacks

If you initiate a chargeback or dispute through your bank or card issuer instead of following the refund process above, we may immediately revoke premium access and suspend your account pending resolution. Improper chargebacks (where the subscription was actually used and not subject to a qualifying technical failure) may result in permanent termination of your account.

11. Customer support

Email contact@objectifthunes.com. We aim to respond within 3 business days (Sydney time). Please include your device, OS version, and a short description of the issue — and a screenshot or short screen-recording where relevant. It speeds everything up dramatically.

12. Vendor identification

Objectif Thunes (sole trader)
Maxence Gumiero, trading as Objectif Thunes
New South Wales, Australia
contact@objectifthunes.com

Australian Business Number (ABN), registered business address, and any other statutory identifiers will be displayed here once registration is finalised, in line with the Australian Consumer Law and the EU/UK distance-selling identification requirements.

13. Governing law

Subject to the non-excludable consumer rights in §8, these Sales Conditions are governed by the laws of New South Wales, Australia, and disputes are subject to the exclusive jurisdiction of the courts located in Sydney, except where mandatory consumer-protection law in your country of residence gives you the right to bring proceedings in your local courts.