Terms of Use

These Terms of Use (“Terms”) are an agreement between you and NightOwl Dimmer (“NightOwl,” “we,” “us,” or “our”). They apply when you download, install, purchase, access, or use the NightOwl Dimmer macOS application (the “App”), NightOwl Pro, the NightOwl website (the “Website”), or related support services (collectively, the “Services”).

By using a Service, you agree to these Terms and the Privacy Policy. If you obtain the App from Apple, Apple’s Standard Licensed Application End User License Agreement (“Standard EULA”) and applicable Apple Media Services terms also apply. If these Terms conflict with the Standard EULA on an issue governed by the Standard EULA, the Standard EULA controls. If you do not agree, do not use the Services.

The App and Website are provided by NightOwl Dimmer. NightOwl is an independent developer product and is not an Apple product. Contact and support methods are listed in Section 21 and on the Support page.

NightOwl is a native macOS utility that applies software dimming independently to displays detected by macOS. Depending on the version and configuration, features may include individual display switches, 0–100% software dimming sliders, one-window display control, menu bar access, a configurable global shortcut, startup and close behavior, and a one-click Disable All control.

NightOwl Pro is an optional one-time unlock that provides four named Quick Presets for saving and restoring per-display dimming levels. Feature availability, compatibility, and purchase status are shown in the current App, App Store listing, or Website. If a description conflicts with the functionality in the version you obtained, the functionality and disclosures presented at purchase control.

You must be legally capable of entering this agreement in your jurisdiction. If you are not old enough to enter a binding agreement, a parent or legal guardian must review and accept these Terms for you. If you use a Service for an organization, you represent that you have authority to bind that organization, and “you” includes the organization.

Subject to these Terms, the Standard EULA, payment of any applicable charge, and your compliance with applicable law, NightOwl grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the App on Apple-branded products you own or control, as permitted by Apple’s Usage Rules. Family Sharing or volume-purchase use is available only when and to the extent Apple permits it.

The App is licensed, not sold. NightOwl and its licensors retain all rights not expressly granted. Updates that replace or supplement the App are governed by these Terms unless accompanied by different terms.

You may not, and may not help another person to:

• copy, distribute, publicly make available, rent, lease, sell, sublicense, or commercially exploit the App except as expressly permitted by Apple’s Usage Rules or applicable law;
• reverse engineer, decompile, disassemble, derive source code from, modify, or create derivative works of the App, except to the limited extent a restriction is prohibited by law or an open-source license expressly permits it;
• remove or alter proprietary, copyright, trademark, or attribution notices;
• circumvent purchase validation, license checks, access controls, security features, rate limits, or technical restrictions;
• use the Services to introduce malware, overload infrastructure, probe for vulnerabilities without written permission, or interfere with another user or system;
• use the support form for spam, harassment, unlawful content, impersonation, or deceptive activity; or
• use the Services in violation of applicable law, sanctions, export controls, or third-party rights.

You are responsible for a compatible Mac, supported macOS version, connected displays, adapters, system permissions, network access where needed, and a valid Apple account for App Store features. Display behavior may vary by Mac model, macOS version, monitor, adapter, display arrangement, color mode, and other software.

NightOwl applies a visual software-dimming layer. It does not promise to change a display’s hardware backlight level, reduce energy consumption, prevent burn-in, calibrate color, or correct a faulty display. You are responsible for testing your configuration and keeping a practical way to disable dimming or restore visibility.

NightOwl Pro is offered as a one-time in-app purchase and is not presented as a recurring subscription. The price, currency, taxes, availability, Family Sharing eligibility, and other purchase details shown by Apple at checkout are the controlling offer for that transaction. Apple processes payment and delivers the purchase entitlement under your Apple account.

Purchase restoration depends on Apple’s StoreKit services, your Apple account, network availability, and Apple records. Refund requests and billing disputes for App Store purchases must be submitted to Apple and are governed by Apple’s policies and applicable law. Except where required by law or Apple’s terms, NightOwl cannot issue an App Store refund directly or transfer an entitlement between Apple accounts.

We may maintain, update, change, suspend, or discontinue features to address security, compatibility, legal, or product needs. Updates may require a newer macOS version and may not be available for every device indefinitely. We do not guarantee uninterrupted or error-free operation, continued compatibility with every third-party display, or that every feature will remain unchanged.

We are responsible for support we choose or are legally required to provide. Apple has no obligation to provide maintenance or support for NightOwl. Support response times are not guaranteed unless we expressly agree otherwise in writing.

You retain ownership of information you submit in a support request. You grant NightOwl permission to use that information as needed to respond, troubleshoot, secure and improve the Services, and comply with law, subject to the Privacy Policy. Do not submit material you do not have the right to share.

If you voluntarily provide an idea, suggestion, or general product feedback, you grant NightOwl a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use and incorporate that feedback without restriction or compensation. This feedback license does not authorize public disclosure of personal information contrary to the Privacy Policy.

Our Privacy Policy explains how information is processed in connection with the App, Website, purchases, and support. Apple and other third-party services process information under their own policies.

The App, Website, software, visual design, text, graphics, icons, product names, logos, and other NightOwl materials are owned by NightOwl or its licensors and are protected by intellectual-property and other laws. “NightOwl,” “NightOwl Dimmer,” and related branding may not be used in a way that suggests endorsement, affiliation, or ownership without prior written permission. Apple, macOS, Mac, and App Store are trademarks of Apple Inc.

The Services may interact with or link to Apple, macOS, StoreKit, email clients, websites, displays, adapters, hosting services, or open-source software. Third-party products and services are governed by their own terms and are outside NightOwl’s control. Open-source components, if any, remain governed by their applicable licenses; those licenses control if they conflict with these Terms for the relevant component.

NightOwl is a comfort and productivity utility. It is not a medical device, treatment, diagnostic tool, accessibility guarantee, eye-health service, emergency system, or substitute for professional advice. We do not promise that dimming will prevent eye strain, headaches, sleep disruption, or any medical condition.

Do not rely on a dimmed display where full visibility, accurate color or luminance, safety alerts, monitoring, navigation, or immediate response is important. Disable NightOwl and use properly calibrated hardware for color-sensitive, safety-critical, or regulated work. Stop using the App and seek appropriate assistance if display behavior makes your system difficult or unsafe to operate.

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” with all faults and without warranties of any kind. NightOwl disclaims express, implied, and statutory warranties, including merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, noninfringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Services will be uninterrupted, secure, error-free, compatible with every system, or that defects will be corrected. Some jurisdictions do not allow certain warranty exclusions, so some or all of this Section may not apply to you. Nothing in these Terms limits a warranty or consumer right that cannot lawfully be excluded.

To the maximum extent permitted by law, NightOwl and its developers, licensors, service providers, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, business, goodwill, or data; business interruption; device or display downtime; or the cost of substitute products, arising from or related to the Services, even if advised of the possibility.

To the maximum extent permitted by law, total liability for all claims relating to the Services will not exceed fifty U.S. dollars (US $50), consistent with the Standard EULA. These limitations do not apply to liability that cannot be limited by law, which may include liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or mandatory consumer rights in some jurisdictions.

You may stop using the Services and uninstall the App at any time. Your license ends automatically if you materially violate these Terms or the Standard EULA. We may suspend access to Website or support functions when reasonably necessary to address abuse, security, legal requirements, or material violations. Upon termination, you must stop using the App and remove copies in your control, except where Apple’s Usage Rules or applicable law provide otherwise.

Sections that by their nature should survive termination will survive, including purchase obligations already incurred, feedback licenses, intellectual property, disclaimers, limitations of liability, dispute terms, and general provisions.

You may not export, re-export, or use the App except as authorized by United States law and the laws where you obtained it. You represent that you are not located in a country subject to applicable U.S. embargoes and are not on a prohibited or restricted-party list, and that you will not use the App for a purpose prohibited by U.S. law.

The App and documentation are “Commercial Items,” “Commercial Computer Software,” and “Commercial Computer Software Documentation” for U.S. Government end users and are licensed only with the rights granted to other end users under the applicable terms.

For an App obtained through the App Store, you and NightOwl acknowledge that the license agreement is between you and NightOwl, not Apple, and that NightOwl—not Apple—is responsible for the App and its content, maintenance and support, product claims, legal compliance, privacy, and the investigation, defense, settlement, and discharge of any third-party intellectual-property claim relating to the App.

If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price as required by Apple’s terms and applicable law. To the maximum extent permitted by law, Apple has no other warranty obligation for the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the App Store-related provisions against you upon your acceptance.

Your use is also subject to Apple’s Standard EULA and Apple Media Services Terms and Conditions. Those Apple terms may provide additional country-specific consumer and governing-law rules.

The governing-law and forum provisions in Apple’s Standard EULA apply to disputes within its scope, including its exceptions for users whose local law or place of residence supplies mandatory rules. For Website and other claims outside that scope, applicable law will be determined under ordinary conflict-of-law and jurisdiction rules. Nothing in these Terms deprives a consumer of mandatory protections or the right to bring a claim in a court or forum available under non-waivable local law.

Before filing a formal claim, please contact us and describe the problem so both sides can try to resolve it informally. This request does not shorten or waive a legal deadline or require arbitration.

These Terms, the Privacy Policy, Apple’s applicable terms, and any purchase disclosures are the entire agreement about the Services and supersede prior statements on the same subject. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer, subject to applicable law. Headings are for convenience and “including” means “including without limitation.”

We may update these Terms for product, security, legal, or operational reasons. Revised Terms will be posted with a new date. Where required, we will provide additional notice before a material change takes effect. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law; otherwise, your remedy is to stop using the Services.

Questions can be submitted through the NightOwl support form.