Welcome to Nightmare, an AI-powered self-development, productivity, and discipline application ("App", "Service", "we", "us", or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Ilya Tsymbal, an individual developer located in the United Kingdom ("Developer", "we", "us").
By downloading, accessing, or using the Nightmare App, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at https://nightmare.app/privacy), and all applicable laws and regulations.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
By downloading the App from the Apple App Store, creating an account, or using any feature of the App, you enter into a legally binding contract with the Developer and accept these Terms in their entirety.
You must be at least 18 years of age to use this App and enter into this binding contract. By accepting these Terms, you represent and warrant that you meet this age requirement. If you are under 18, you must immediately discontinue use of the App.
Note: The App is rated 18+ in the Apple App Store, and your contractual capacity to agree to these Terms requires you to be 18 or older under applicable contract law.
You represent that you have the legal capacity to enter into this agreement and are not prohibited by law from using the Service.
We reserve the right to modify these Terms at any time. Material changes will be notified via email (to your registered account email) or prominent in-app notification at least 14 days before the changes take effect. Your continued use of the App after the effective date of revised Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the App.
Nightmare is an AI-powered self-development, productivity, and discipline application that provides:
The Service is designed to support your personal growth journey through AI-assisted reflection and motivation.
IMPORTANT: Nightmare is a completely free personal project with daily usage limits to ensure fair access and sustainability for all users.
You are interacting with an artificial intelligence system, not a human professional.
This notice complies with EU AI Act Article 50 (effective August 2, 2026) transparency obligations for AI systems that interact with natural persons.
The guidance and responses you receive are generated by Anthropic Claude, a large language model AI system. While we strive to provide helpful and accurate guidance:
Important Medical Disclaimer:
Nightmare is not a medical device, therapy service, mental health treatment, psychiatric service, or professional counseling platform.
The App provides educational and motivational content for self-improvement purposes only. It is not designed, intended, or suitable for:
If you are experiencing a mental health crisis, thoughts of self-harm, or psychiatric emergency:
Stop using the App immediately and contact emergency services:
By using this App, you acknowledge and agree that:
Use of the App does not create a doctor-patient, therapist-client, counselor-client, coach-client, or any other professional relationship between you and the Developer or any third party. The Developer does not provide professional services of any kind.
The App is completely free with daily usage limits based on AI processing costs. Daily limits are implemented at the device level to prevent abuse and ensure fair access for all users.
The App uses Anthropic Claude, a third-party AI system. The contracting entity varies by user location: Anthropic Ireland, Limited for UK/EEA/Swiss users, and Anthropic, PBC for users in other regions. Your messages are transmitted to Anthropic's servers for processing and response generation.
Your chat messages are encrypted on your device before being stored in our database (Supabase, hosted in London, UK). Only encrypted ciphertext is stored on our servers; the Developer cannot read your unencrypted messages.
Anthropic retains your message data for 30 days for trust and safety purposes, including abuse detection and safety monitoring. After 30 days, Anthropic deletes the data. Your data is NOT used to train or improve Anthropic's AI models. The 30-day retention is solely for detecting abuse, harmful content, and ensuring platform safety.
Our data processing practices comply with UK GDPR and EU GDPR. We use the following third-party service providers:
We have executed or accepted Data Processing Agreements (DPAs) with all processors handling your personal data.
For detailed information about how we collect, use, store, and protect your personal data, please review our Privacy Policy at https://nightmare.app/privacy, which is incorporated into these Terms by reference.
To use the App, you must create an account using Apple Sign-In or Google Sign-In via Supabase authentication. You agree to provide accurate, current, and complete information during registration.
You are solely responsible for:
The Developer is not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain account security.
You may use multiple accounts on the same device. The app implements device-level quotas (not user-level quotas) to enforce fair daily usage limits while allowing account switching and multi-account scenarios.
You represent and warrant that all information you provide to the App (including personal information and inputs to the AI) is truthful, accurate, and not misleading. You acknowledge that the quality and relevance of AI-generated responses depend on the accuracy of your inputs.
You may use the App solely for personal, non-commercial self-improvement and educational purposes in compliance with these Terms and all applicable laws.
You agree NOT to use the App to:
Illegal Activity:
Harmful Content:
Abuse of Service:
Misrepresentation:
Intellectual Property Violations:
Commercial Misuse:
Violation of these Acceptable Use terms may result in:
The Developer reserves the right to investigate suspected violations and to cooperate with law enforcement authorities.
The Nightmare App, including its design, code, user interface, graphics, trademarks, logos, system prompts, and all content created or provided by the Developer, is the exclusive property of Ilya Tsymbal and is protected by copyright, trademark, and other intellectual property laws of the United Kingdom, European Union, United States, and international treaties.
Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, revocable license to:
This license does not grant you any ownership rights in the App. All rights not expressly granted are reserved by the Developer.
You retain all intellectual property rights in the messages, queries, and other content you input into the App ("User Content"). By submitting User Content, you grant the Developer and Anthropic a limited, non-exclusive, royalty-free license to process your User Content solely to generate AI responses and provide the Service.
We do not claim ownership of your User Content. Your data is encrypted and private. As described in Section 3.3, Anthropic retains your message data for 30 days for trust and safety purposes only. Your data is not used to train or improve AI models, and the Developer cannot read your unencrypted messages.
Responses generated by the AI system are provided to you for personal, non-commercial use only.
Permitted Uses:
Prohibited Uses:
You may NOT:
Data Portability (GDPR Article 20):
Anthropic retains certain rights in AI-generated content as outlined in Anthropic's Commercial Terms.
"Nightmare" and associated logos are proprietary brand identifiers of Ilya Tsymbal. You may not use the Nightmare name, branding, or logos in a manner that could cause confusion, imply endorsement, or suggest affiliation without prior written permission.
If you provide feedback, suggestions, or ideas about the App to the Developer, you grant the Developer a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution to you.
Our collection, use, storage, and protection of your personal data is governed by our Privacy Policy, available at https://nightmare.app/privacy. The Privacy Policy is incorporated into these Terms by reference.
We comply with the UK General Data Protection Regulation (UK GDPR) and the EU General Data Protection Regulation (EU GDPR). You have the following rights under GDPR:
Right of Access (Article 15): You may request a copy of the personal data we hold about you (free of charge, within one month).
Right to Rectification (Article 16): You may request correction of inaccurate or incomplete personal data.
Right to Erasure ("Right to be Forgotten") (Article 17): You may request deletion of your personal data. We will delete your data without undue delay (within 30 days) unless retention is required for legal obligations or legitimate interests.
Right to Restrict Processing (Article 18): You may request restriction of processing in certain circumstances.
Right to Data Portability (Article 20): You may request a copy of your data in a machine-readable format.
Right to Withdraw Consent (Article 7): If processing is based on consent, you may withdraw consent at any time.
Right to Object (Article 21): You may object to processing based on legitimate interests.
Right to Complain: You may lodge a complaint with the UK Information Commissioner's Office (ICO) or your local EU data protection authority.
To exercise any of the above rights:
We will respond to GDPR requests within one month of receipt (extendable by two months in complex cases, with notice).
We retain your personal data for as long as your account is active. Upon account deletion:
Your data may be transferred to and processed in:
These transfers comply with GDPR Article 44-50 requirements.
We use AI to generate responses, but this does not constitute automated decision-making with legal or similarly significant effects under GDPR Article 22. You remain in full control of all decisions based on AI-generated content.
To the maximum extent permitted by applicable law:
The Nightmare App and all content, features, and services are provided "as is" and "as available" without any warranties of any kind, whether express, implied, statutory, or otherwise.
The Developer expressly disclaims all warranties, including but not limited to:
The AI system can and will make mistakes.
AI-generated responses may contain errors, inaccuracies, omissions, outdated information, or content that is inappropriate, offensive, or harmful. The Developer makes no guarantee regarding the accuracy, completeness, quality, suitability, or usefulness of any AI-generated content.
You acknowledge that:
The App integrates with third-party services (Anthropic, Supabase, Railway, Apple). The Developer is not responsible for the availability, performance, accuracy, security, or practices of these third-party services. Third-party services are subject to their own terms and privacy policies.
You acknowledge that:
The Developer does not guarantee that the App will be available at all times or that it will operate without interruption, delays, or errors. We may suspend, withdraw, or restrict access to the App at any time for maintenance, updates, or other reasons without prior notice. Service availability may be affected by third-party service providers (Anthropic, Supabase, Railway, Apple).
You are solely responsible for:
Some jurisdictions do not allow the exclusion of implied warranties. If applicable law in your jurisdiction prohibits the exclusion or limitation of implied warranties, the above disclaimers may not fully apply to you, and you may have additional rights under local consumer protection laws.
To the maximum extent permitted by applicable law:
The Developer, its officers, employees, agents, and service providers (including Supabase, Railway, Anthropic, and Apple) shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use of or inability to use the App, including but not limited to:
This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if the Developer has been advised of the possibility of such damages.
NIGHTMARE IS NOT EQUIPPED TO HANDLE MENTAL HEALTH EMERGENCIES, SUICIDAL IDEATION, SELF-HARM, OR PSYCHIATRIC CRISES.
IF YOU ARE IN CRISIS, EXPERIENCING THOUGHTS OF SELF-HARM, OR HAVING A PSYCHIATRIC EMERGENCY, YOU MUST STOP USING THE APP IMMEDIATELY AND CONTACT EMERGENCY SERVICES (999 UK, 988 US, OR LOCAL EMERGENCY NUMBER).
The Developer shall have no liability for any harm, injury, death, or damages resulting from:
(a) Delays in receiving emergency assistance due to your use of the App instead of contacting emergency services
(b) AI-generated responses that are inaccurate, incomplete, inappropriate, or harmful in crisis situations
(c) Your reliance on the App instead of professional emergency services, crisis hotlines, or mental health professionals
(d) Failure of the AI system to detect crisis language or suicidal ideation
(e) Any actions you take or fail to take based on AI-generated content during a mental health crisis
This App is not liable for user safety and makes no guarantees regarding the suitability of AI responses for crisis intervention.
You acknowledge and agree that the Developer has no duty to monitor your messages for crisis language, no obligation to intervene in emergencies, and no responsibility for your safety.
The Developer's total aggregate liability for all claims arising out of or related to these Terms or your use of the App is limited to the extent permitted by applicable law.
Since the App is completely free, the Developer's total liability shall not exceed fifty U.S. dollars ($50 USD). This limitation does not apply to liability that cannot be excluded under applicable consumer protection law.
You acknowledge that the limitations and exclusions in this Section 9 are fundamental elements of the agreement between you and the Developer, and that the Developer would not provide the App as a free service without these limitations.
Some jurisdictions (including the UK and EU) do not allow the exclusion or limitation of liability for certain types of damages (e.g., personal injury caused by negligence, fraud, or fraudulent misrepresentation). If applicable law in your jurisdiction prohibits the exclusion or limitation of liability, the above limitations may not fully apply to you, and you may have additional rights under local consumer protection laws.
Nothing in these Terms excludes or limits the Developer's liability for:
You agree to indemnify, defend, and hold harmless the Developer, its officers, employees, agents, contractors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
The Developer reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Developer's defense of such claims. You may not settle any claim without the Developer's prior written consent.
If you are a consumer in the UK or EU, this indemnification clause applies only to the extent permitted by applicable consumer protection laws and does not require you to indemnify the Developer for losses caused by the Developer's own negligence, breach of statutory duty, or failure to use reasonable care and skill.
You may terminate your account at any time by deleting your account inside the app via the "Delete Account" function in Settings.
Termination will take effect immediately upon account deletion. All data associated with your account will be permanently deleted in accordance with the timelines specified in Section 7.4 (Data Retention).
The Developer reserves the right to suspend or terminate your account and access to the App immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination of your account (by you or by the Developer):
The Developer has no obligation to retain your data after account termination beyond the timelines specified in Section 7.4 (Data Retention). Upon account deletion:
The App integrates with and relies on third-party services, including:
Your use of these third-party services is subject to their respective terms and privacy policies. The Developer is not responsible for the practices, availability, or security of third-party services.
SERVICE INTERRUPTIONS: Failures or outages of Railway, Anthropic, Supabase, or Apple services may cause temporary or extended unavailability of the App. The Developer has no control over third-party infrastructure and is not liable for service interruptions caused by third-party failures.
The Developer makes no representations or warranties regarding third-party services or websites and disclaims all liability arising from your use of or reliance on third-party services.
These Terms and your use of the App shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
If you are a consumer habitually resident in the European Union or United Kingdom, you also benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this choice of law clause deprives you of the protection afforded by those mandatory provisions.
Subject to Section 13.5 (consumer rights), you agree that any dispute, claim, or controversy arising out of or related to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Note: Class action waivers and mandatory arbitration clauses are generally unenforceable against consumers in the UK and EU. Accordingly, these Terms do not contain such provisions.
Before initiating formal legal proceedings, you agree to contact us at the email address in Section 17 to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes amicably within 30 days.
If you are a consumer resident in the United Kingdom or European Union:
Notwithstanding Section 13.2, either party may bring an individual action through small claims court procedures (or equivalent) if the claim qualifies. Such actions may be brought in the small claims track of the courts of England and Wales. Consumers habitually resident in the UK or EU may also bring small claims actions in the courts of their country of residence if applicable law permits, in accordance with Section 13.5.
Due to technical and legal restrictions imposed by our AI service provider (Anthropic), U.S. export controls, and compliance requirements, the Nightmare App is not available in the following countries and territories:
Restricted Countries and Territories (29 total):
If you are located in or attempt to use the service from these restricted regions, you will not be able to access AI coaching features. This restriction is based on U.S. export controls, OFAC sanctions compliance requirements, technical limitations imposed by our service providers, and regulatory compliance requirements.
By using the App, you represent that you are not located in, under the control of, or a national or resident of any restricted country or territory. You agree to comply with all applicable export control and sanctions laws and regulations.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer regarding the App and supersede all prior or contemporaneous agreements, communications, and understandings (whether oral or written) regarding the subject matter hereof.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
The Developer's failure to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of that provision or right. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without the Developer's prior written consent. The Developer may assign these Terms or any rights hereunder without restriction, including in connection with a merger, acquisition, sale of assets, or change of control. Any purported assignment in violation of this section shall be void.
The Developer shall not be liable for any failure or delay in performance of obligations under these Terms due to causes beyond its reasonable control, including but not limited to:
You and the Developer are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Developer.
These Terms are for the benefit of you and the Developer only and do not confer any rights upon any third party, except that service providers (Anthropic, Supabase, Railway, Apple) may enforce relevant provisions as third-party beneficiaries to the extent necessary to protect their interests.
Section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
These Terms are drafted in English. In the event of any translation into other languages, the English version shall prevail in case of conflict.
If you are a government entity or using the App on behalf of a government entity, you acknowledge that the App is "commercial computer software" and "commercial computer software documentation" as defined in applicable regulations, and your rights are limited to those expressly granted in these Terms.
The Developer reserves the right to modify, suspend, or discontinue the App or any features, content, or functionality at any time, with or without notice, and without liability to you.
We may:
The Developer is not obligated to provide updates, support, or maintenance for the App.
The Developer may update or modify these Terms at any time. The "Last Updated" date at the top of these Terms will reflect the date of the most recent revision.
Material Changes:
If we make material changes to these Terms (e.g., changes to dispute resolution, limitation of liability, or privacy practices), we will notify you by:
We will provide at least 14 days' notice before material changes take effect, except where changes are required immediately by law or for security reasons.
Your Acceptance of Changes:
Your continued use of the App after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the App.
For minor, non-material changes (e.g., clarifications, corrections, formatting), we may update these Terms without prior notice. You are responsible for periodically reviewing these Terms.
For questions, concerns, or requests regarding these Terms, the App, or your account, please contact:
Developer: Ilya Tsymbal
Email: support@nightmare.app
Correspondence Address:
Room 1603F, Block A White Rose View
16 Merrion Way
Leeds LS2 8PT
United Kingdom
For data export requests, use the "Export My Data" function inside the app. For account deletion, use the "Delete Account" function inside the app. For other GDPR-related inquiries, email us at the address above.
If you have concerns about how we handle your personal data and are unable to resolve them with us directly, you have the right to lodge a complaint with:
We aim to respond to all non-automated inquiries within 7 business days. GDPR requests will be responded to within one month as required by law.
By creating an account or using any features of the App, you acknowledge that:
YOUR USE OF THE APP CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
NOTE: You are not required to click an "I Agree" button or checkbox to be bound by these Terms. Your acceptance is indicated by your account creation or use of the App. If you do not wish to be bound by these Terms, you must immediately discontinue all use.
END OF TERMS OF SERVICE
EFFECTIVE DATE: October 20, 2025
This is a personal project developed by an individual developer. The app is completely free with daily usage limits to ensure sustainability and fair access for all users.