Terms of Service
1. Who we are and what these Terms cover
Nightjar is a family of mobile audio players published by Mur-Mur, a project operated by Sergei Lysenko, an individual based in the United Arab Emirates ("Nightjar", "we", "us", or "our").
These Terms of Service ("Terms") form an agreement between you and us and govern your use of our mobile applications (the "Apps"), including Nightjar: Audiobook Player. By installing or using an App, you agree to these Terms. If you do not agree, do not use the Apps.
These Terms cover the Apps. The pages of this website are informational and are provided without warranty. How we handle personal data is described in our Privacy Policy.
2. Eligibility
You must be at least 13 years old to use the Apps, and old enough to enter into a binding contract in your country of residence. The Apps are not directed at children under 13.
3. Licence to use the Apps
We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Apps on devices you own or control, for your own personal, non-commercial use, in accordance with these Terms and with the rules of the app store you obtained the App from.
The Apps are licensed, not sold. We reserve all rights not expressly granted. You may not rent, lease, lend, sell, redistribute or sublicense the Apps, nor copy, decompile, reverse-engineer, disassemble or attempt to derive the source code of the Apps, except to the extent that applicable law expressly permits it despite this limitation, and except for the open-source components described in section 9.
4. Your content, your storage, your responsibility
We supply no content. The Apps contain no catalogue, no store and no library of audiobooks, music or other recordings. Everything you listen to comes from files you already have or from a storage service that belongs to you.
You are solely responsible for:
- the legality of your files — that you own them, have licensed them, or otherwise have the right to store and listen to them in your country;
- your access to third-party services — that your use of a WebDAV server, Dropbox or Google Drive account complies with that provider's terms, and that you are entitled to use the account you connect;
- the links you use — when you import from a URL, that the file at that address is yours or that you are permitted to download it.
We host nothing. We operate no servers that store, transmit or index your files. Your files travel between your device and the service you chose; we never receive them and have no ability to access, remove or disclose them. Because we host no user content, notice-and-takedown procedures such as those under the U.S. Digital Millennium Copyright Act have nothing to act upon; requests concerning specific files should be directed to the service that hosts them.
You keep all rights in your own files. Using the Apps grants us no licence to them of any kind.
5. Acceptable use
You agree not to:
- use the Apps to obtain, store or distribute material you have no right to use;
- use the Apps in a way that violates applicable law or the terms of a service you connect them to;
- interfere with the operation of the Apps, circumvent technical limitations, or attempt to gain unauthorised access to any system;
- use automated means to hammer a third-party service through the App, or otherwise use the Apps in a way that disrupts that service.
6. Paid features
6.1. How purchases work
The Apps are free to install, and the core of listening is free to use. Some features may be offered as paid options, as a subscription and as a one-time lifetime purchase ("Paid Features"). The features included, and the price, are shown in the App before you buy.
All purchases are processed and billed by the Apple App Store or Google Play using the payment method linked to your store account. Those transactions are governed by Apple's or Google's own terms, and we have no access to your payment details or store account. Your purchase history and receipts are available in your Apple or Google account.
6.2. Subscriptions and renewal
A subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the period ends. Cancellation and renewal are managed in your App Store or Google Play account settings, not by us. A price change takes effect only after the store has notified you as its rules require.
6.3. Refunds
Refunds are handled by the store that sold you the Paid Feature, under its policy. We cannot issue a refund for a store transaction. Where mandatory consumer law in your country grants you a right of withdrawal or a statutory refund, that right applies regardless of the store's policy.
6.4. Where a purchase applies
The Apps have no user accounts. A purchase is therefore tied to the store account you bought it with: it can be restored on your other devices signed in to that same store account, but it does not transfer between platforms — a purchase made on the App Store does not unlock the Paid Features in the Google Play version, and the reverse is equally true.
7. Third-party services and stores
The Apps interoperate with services operated by others — Dropbox, Google Drive, WebDAV servers, and the app stores themselves. We do not control those services. Their availability, their behaviour, their terms and their pricing are theirs alone, and they may change or withdraw their interfaces at any time. If a third-party service changes in a way that breaks a feature of the App, we will try to adapt, but we cannot guarantee that a feature depending on someone else's service will keep working.
8. Updates and changes to the Apps
We may update the Apps to fix defects, improve them, or keep them compatible with operating systems and third-party services. We may add, change or remove features, and we may discontinue an App. If we discontinue an App, we will make a reasonable effort to give notice, and, where a Paid Feature has been paid for and cannot be provided, to handle it fairly under applicable law and store rules.
9. Intellectual property
The Apps, their design, their name and their logo belong to us or our licensors and are protected by intellectual-property law. These Terms grant you no right to use our name or logo.
The Apps include open-source components, which are used under their own licences. Those licences prevail over these Terms in respect of the components they cover. The notices and licence texts are available in the App and at mur-mur.org/licenses.
10. Disclaimers
The Apps are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by applicable law. This includes, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Apps will be uninterrupted, error-free, or free of harmful components.
Your data and your files. Your library, listening positions and settings are stored on your device and are not backed up to any server of ours. Reinstalling an App, switching devices, or losing access to your device may result in the loss of that data. The Apps can create local backups that you can export; keeping a copy is your responsibility. We are not responsible for the loss of, or damage to, your audio files, including files stored in a third-party service or written by the App to your device.
11. Limitation of liability
To the maximum extent permitted by applicable law, Nightjar will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, the Apps.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms or your use of the Apps, for any cause whatsoever, will be limited to the greater of (a) the total amount you have paid to us for Paid Features in the 12 months preceding the event giving rise to the liability, or (b) USD 20.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, or wilful misconduct, or any non-waivable rights of consumers.
12. Indemnity
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Nightjar from and against any claim, liability, damage, loss, and expense, including reasonable legal fees, arising out of or in any way connected with (a) your breach of these Terms, (b) your violation of any applicable law or third-party right, including the rights of a copyright holder in material you played through the Apps, or (c) your misuse of the Apps.
13. Termination
You may stop using the Apps at any time by uninstalling them from your device.
We may terminate this licence if you materially breach these Terms. Because the Apps have no accounts and no server component, we cannot and do not disable an installed App remotely; a termination means that your right to use it ends and you must stop using it and uninstall it.
Sections 4, 9, 10, 11, 12, 13, 14, 15 and 16 survive any termination of these Terms.
14. Governing law and dispute resolution
These Terms, and any dispute arising out of or in connection with them or your use of the Apps, are governed by the laws of the United Arab Emirates, without regard to its conflict-of-laws principles, and the courts of Dubai, United Arab Emirates, will have exclusive jurisdiction.
Consumers in the European Union, the European Economic Area, the United Kingdom, and Switzerland: nothing in this section deprives you of the protection of the mandatory provisions of consumer law applicable in your country of residence. You may also bring proceedings in the courts of your country of residence, and the mandatory consumer-protection rules of your country of residence apply regardless of the choice of law above.
Alternative dispute resolution: we are not obliged to, and do not, participate in alternative dispute resolution proceedings before a consumer arbitration board. Consumers in the European Union can still turn to the consumer advice bodies of their own country; the European Commission's online dispute resolution platform ceased operating in July 2025 and is therefore no longer available.
15. Apple-specific terms
If you obtained an App from the Apple App Store, the following additional terms apply. These terms are between you and Nightjar only, not with Apple, and Apple is not responsible for the App or its content. Apple has no obligation to provide any maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product-liability, consumer-protection, or intellectual-property claims. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
16. Miscellaneous
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Apps and supersede any prior agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms freely.
Changes to these Terms. We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Material changes will, where reasonably practicable, be notified to you through the Apps or by other appropriate means. Your continued use of the Apps after the updated Terms take effect constitutes your acceptance of them. If you do not agree to the updated Terms, you must stop using the Apps.
17. Contact
For any question regarding these Terms, write to [email protected].