Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Objectif Thunes, an Australian sole trader based in New South Wales ("we", "us", "our"), and govern your use of the Nocturne mobile application, including its Berceuse mode (together the "App"), and the marketing website at objectifthunes.com (the "Site"). By creating an account, signing in, or otherwise using the App or Site, you accept these Terms in full. If you do not accept them, do not use the App or Site.

1. Eligibility

You must be at least 13 years old to create an account (or 16 in jurisdictions that set a higher digital-consent age). Children younger than that may listen to the App only under the active supervision of a parent or legal guardian whose account is in use. By creating an account you confirm you meet the age requirement.

2. Your account

Sign-in uses a one-time-password (OTP) code sent to the email you registered. You are responsible for the security of that mailbox and for every action taken on any device signed in to your account. If you suspect unauthorised access, contact us immediately at contact@objectifthunes.com so we can sign every device out and invalidate active sessions.

3. Acceptable use

You agree not to:

• Use the App or Site in any way that violates an applicable law.
• Reverse-engineer, decompile, disassemble, scrape, frame, mirror, or otherwise extract content from the App or its backend.
• Attempt to access another user's account, private content, or any non-public part of our systems.
• Circumvent, disable, or otherwise interfere with security, rate-limit, or paywall mechanisms.
• Upload, name, or describe content (including mood / playlist names + descriptions) that is illegal, defamatory, harassing, hateful, infringing, sexually explicit, or that misleadingly impersonates another person or brand.
• Use the App or Site to send unsolicited messages or spam, or to harvest other users' contact information.
• Use automated means (bots, crawlers, scripts) to interact with the App or Site, except for well-behaved search-engine indexing of the Site.

We may suspend or permanently terminate any account that breaches these rules, without notice where the breach is serious or repeated. Where appropriate, we may also report unlawful activity to the relevant authorities.

4. Content + intellectual property

Our content. All audio tracks, sounds, cover artwork, illustrations, fonts, code, layouts, copywriting, and trade marks ("Nocturne", "Berceuse", "Objectif Thunes" and associated logos) in the App and Site are owned by us or licensed to us. We grant you a personal, non-transferable, non-exclusive, revocable licence to access them inside the App for your own non-commercial use, subject to your continued compliance with these Terms.

Your content. Moods and playlists you create remain yours. By choosing to make a mood or playlist public, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, and surface that content to other users through discovery features (top, fresh, trending, follows, search), for as long as you keep the item public. You can flip an item to private at any time, which revokes the public-display portion of this licence on a forward-going basis; copies cached on other users' devices may persist for a short period beyond that.

User-content warranty + indemnity. You represent that any content you upload, name, or publish is yours to publish and does not infringe a third party's rights or violate any law. You agree to indemnify and hold us harmless against any claim, loss, damage, or cost (including reasonable legal fees) arising out of content you upload, name, or publish that breaches this section or §3.

5. Subscriptions, pricing + free trials

Premium features are unlocked via auto-renewing subscriptions billed exclusively by Apple App Store or Google Play. Detailed billing, cancellation, refund, and EU right-of-withdrawal terms are set out in our Sales Conditions, which form part of these Terms.

Subscriptions renew automatically at the end of each paid period unless cancelled at least 24 hours before renewal via your store's subscription settings. We do not receive or store payment card details.

Free trials. If we offer a free trial, it converts automatically into a paid subscription at the end of the trial period unless you cancel before then via your store. You can only redeem a free trial once per store account.

Price changes. We may change subscription prices from time to time. Existing subscribers keep their current price until their next renewal after the change takes effect. We will give at least 30 days' notice of any price increase, by in-app notice and email, before it applies to your account. If you do not accept the new price, cancel before the renewal date.

Payment failure or chargeback. If a subscription payment fails, is reversed, or is charged back, premium features may be revoked immediately and your account may be suspended pending resolution.

6. Service availability + changes

We aim for high availability but do not guarantee that the App or Site will be uninterrupted, error-free, or available at all times. We may pause, modify, or withdraw features for maintenance, security, legal, or product reasons. We may also add, remove, or replace tracks, moods, playlists, and other catalog content at our discretion — premium subscribers are not entitled to any specific track or mood remaining in the catalog for any specific duration.

7. Disclaimer

Except as expressly stated in these Terms and to the maximum extent permitted by applicable law, the App and Site are provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise — including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Berceuse mode is a music aid, not a medical device. It is not designed or intended to diagnose, treat, cure, or prevent any medical condition, and it is not a substitute for medical advice. Always follow safe-sleep guidance from your paediatrician and the relevant health authority. Do not leave a child unsupervised with a playing device.

8. Limitation of liability

To the maximum extent permitted by law, our aggregate liability for any claim arising out of or in connection with these Terms or your use of the App or Site is limited to the greater of (a) the amount you actually paid to us via Apple or Google in the twelve months immediately before the event giving rise to the claim, or (b) AUD 100. We are not liable for indirect, consequential, incidental, special, exemplary, punitive, or lost-profit damages, even if advised of the possibility.

Australian Consumer Law. If you are a "consumer" as defined in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under that Law that cannot be lawfully excluded, restricted, or modified. Where the Law permits us to limit our liability for a failure to comply with a non-excludable consumer guarantee, our liability is limited, at our option, to re-supplying the affected services or paying the cost of re-supply.

Similar non-excludable consumer rights may apply in other jurisdictions (including the EU, UK, and certain US states). Nothing in these Terms is intended to override any such mandatory right.

9. Termination

You may delete your account at any time by emailing contact@objectifthunes.com with the subject "Account deletion". We may suspend or terminate your access (and any active subscription) if you breach these Terms, if we are required to by law, or if we discontinue the App. Termination does not by itself entitle you to a refund — see the Sales Conditions for refund eligibility.

The following sections survive termination: §4 (Content + IP, in particular the warranty + indemnity), §7 (Disclaimer), §8 (Limitation of liability), §10 (Governing law + venue), §11 (Dispute resolution), and §13 (Miscellaneous).

10. Governing law + venue

These Terms are governed by the laws of New South Wales, Australia, excluding its conflict-of-law rules. The courts located in Sydney, New South Wales have exclusive jurisdiction over any dispute, except where mandatory consumer-protection law in your country of residence grants you the right to bring proceedings in your local courts — in which case those rights are preserved.

11. Dispute resolution

Before commencing legal proceedings, you agree to contact us in good faith at contact@objectifthunes.com with the subject "Dispute" and a description of the issue. We agree to respond within 30 days and to make a genuine attempt to resolve the matter informally. This step is a precondition to litigation, except for urgent injunctive relief or where waiver of this step is required by mandatory consumer law.

12. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date above reflects the current version. Material changes will be announced in-app and via email at least 14 days before they take effect. Continued use after the effective date is deemed acceptance; if you do not accept the new Terms, stop using the App and email us to delete your account.

13. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of our right to enforce it later. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a sale or reorganisation of our business. These Terms together with the Sales Conditions and the Privacy Policy form the entire agreement between you and us regarding the App and Site.

14. Contact

Objectif Thunes
New South Wales, Australia
contact@objectifthunes.com