Terms of Use

Nightsesh is now StudyGPA. Same app, same company (Sparks Strategies LLC). This page still uses the old name in places while we update it; everything on it applies to StudyGPA.

These Terms are an agreement between you and Sparks Strategies LLC ("we", "us"), the maker of Nightsesh. By creating an account or using Nightsesh, you agree to them, so please read them. We've kept them short and clear. Our Privacy Policy explains how we handle your information.

1. Who can use Nightsesh

• You must be at least 13 years old.
• If you're under 18, you need your parent or guardian's permission to use Nightsesh, and they agree to these Terms for you. Parents and guardians: by letting your teen use Nightsesh or approving a purchase, you agree to these Terms on their behalf and are responsible for their use of Nightsesh.
• You must not be barred from using apps like Nightsesh under U.S. law.

2. Your account

You sign in with Sign in with Apple. Keep your devices secure. You're responsible for what happens in your account. Tell us right away if you think someone else is using it. One account per person, and only for yourself.

3. What Nightsesh is, and what it isn't

• Nightsesh is an AI study platform. It turns your classes and your material into notes and practice cards. It also gives you Nightsesh's AI tutor to study with, by typing or talking, and Walk & study to study by listening.
• How the AI tutor helps: it tells you whether your work is right, gives you the answer when you clearly ask for it, and helps with your own writing (outlines, ideas, feedback and editing). It won't write a finished assignment for you to hand in. If Hints first is on in Settings › AI tutor (it can be locked with a 4-digit passcode, for example by a parent), it starts with hints instead.
• Nightsesh's AI is AI, not a person. It can be wrong, incomplete or out of date, even when it sounds sure. Always check important answers against your class material, your teacher or another trusted source. Nightsesh shows where its answers came from so you can check.
• Nightsesh isn't medical, mental-health, legal or other professional advice, and it isn't a replacement for your teacher. If you're in crisis, call or text 988, or call 911 in an emergency.
• We may add, change or remove features. If we remove a paid feature you're using, we'll tell you.
• Beta (TestFlight) versions are test versions. They may have bugs, change often, or lose data, so keep your own copies of anything important.
• Joining the beta at beta.nightsesh.com includes our emails: occasional beta updates and Nightsesh news. You can unsubscribe at any time, and you keep your beta spot and allowance (see the Privacy Policy).

4. Plans, payments and free trials

• Free plan: studying your cards and flash cards is always free. Free class notes, AI help and voice are limited, as shown in the app.
• Nightsesh Plus, our paid plan, is an auto-renewing subscription sold through Apple, monthly or yearly. The price, what's included and the billing period are shown before you buy.
• Auto-renewal: your subscription renews automatically at the same price for the same period unless you cancel at least 24 hours before the end of the current period. Apple charges the payment method on your Apple Account.
• Free trials: both plans, yearly and monthly, start with a 7-day free trial for new subscribers. If you don't cancel at least 24 hours before the trial ends, you'll be charged the price of the plan you chose. Apple allows one free trial per Apple Account. During a trial, your allowance is smaller until the first payment.
• Cancel anytime: on iPhone or iPad, go to Settings › [your name] › Subscriptions. You keep access until the end of the period you paid for.
• Refunds are handled by Apple under Apple's policies, at reportaproblem.apple.com. We can't issue refunds for Apple purchases ourselves.
• Allowances: plans include an amount of AI help (shown in plain words, like "about 30 classes a month"), which also makes your class notes, and Voice tutor minutes. Voice tutor minutes refresh each month and don't carry over. The AI tutor's harder answers during live voice are covered by your voice minutes.
  • AI help is added to your balance, and the app shows what's left.
  • Allowances have no cash value and can't be transferred.
  • If a purchase is refunded, what it added is taken back.
  • To keep Nightsesh fair and working, we set daily and short-term limits (for example, about 2 hours of voice a day).
• Family Sharing isn't available for Nightsesh plans. Each plan is for one student.
• Price changes: we'll give you notice before any price increase, and Apple will ask for your consent where required.
• Parents and Ask to Buy: if Ask to Buy is on, Apple asks the parent to approve each purchase.

5. Your material and your rights

• You own what you add to Nightsesh: notes, photos, files, recordings, transcripts, your writing, and what you type or say to the AI tutor ("Your Content").
• You give us permission to store, copy, process and display Your Content, and to send it to our service providers (such as our AI providers). We use it only to run Nightsesh for you and to keep Nightsesh safe. That permission ends when you delete the content or your account, except for backup copies that are removed on schedule and anything the law requires us to keep.
• We don't sell Your Content and don't use it for advertising. We don't use it to train AI models, and our AI providers don't use it to train theirs.
• Only add material you have the right to use. That includes class material your teacher allows you to use for studying.
• Notes, cards and replies Nightsesh makes for you are yours to use for your own studying. Edits and feedback the AI tutor gives on your own writing are yours to use too, within your school's rules (section 7).

6. Recording classes

• Recording a class is your responsibility. Before you record, get your teacher's permission and follow your school's rules and the law where you live.
• Some places require more. In California, recording in a K–12 classroom needs both the teacher's and the principal's consent (California Education Code §51512). Some states require everyone's permission to record a conversation. If recording is part of your 504 plan or IEP, follow what it allows.
• Nightsesh asks you to confirm permission before your first recording.
• The audio of a class recording stays on your device and is only for your own studying. Don't share, post or sell it, and don't record private conversations.

7. Academic integrity

Nightsesh is built to help you learn. The AI tutor will check your work, explain it, give you an answer when you ask, and help you plan, write and edit your own work. The work you hand in still has to be yours. Don't use Nightsesh to cheat. That includes:

• handing in work the AI wrote as if you wrote it
• trying to get the AI tutor to write a finished assignment for you to hand in
• using Nightsesh during a test when it isn't allowed
• breaking your school's or teacher's AI rules, including any rule that you say when you used AI

Schools' rules differ. You're responsible for knowing and following yours.

8. Rules for using Nightsesh

Don't use Nightsesh to:

• harass, bully, threaten or hurt anyone, or share someone else's private information
• upload or share sexual content, any content that sexualizes minors, graphic violence, hate, or content that encourages self-harm or illegal activity
• break the law, or anyone's copyright, privacy or other rights
• try to get around Nightsesh's safety rules, limits or payments
• hack, overload, scrape or reverse-engineer the service, or use bots
• pretend to be someone else, or make accounts for other people

We may remove content and limit, suspend or close accounts that break these rules. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC), as the law requires.

9. Sharing with other students

Nightsesh doesn't let you share your Topics, cards, notes or conversations with other students. If that ever changes, these Terms will say how it works before it's turned on.

10. Copyright complaints

If you think something in Nightsesh infringes your copyright, email support@nightsesh.com with "Copyright" in the subject line, and include:

• the copyrighted work
• where it appears in Nightsesh
• your name, address, phone number and email address
• a statement that you believe in good faith the use isn't authorized by the owner, its agent or the law
• a statement, under penalty of perjury, that your notice is accurate and that you're the owner or authorized to act for the owner
• your physical or electronic signature

If we remove something because of a notice, the person who posted it can send us a counter-notice. We close the accounts of repeat infringers.

11. Ending your account

• You can delete your account anytime in Settings › Account › Delete account. Deleting your account doesn't cancel an Apple subscription, so cancel that first.
• We may suspend or close your account if you break these Terms or the law, or to protect others. If we close a paid account without a good reason, we'll help you get a refund of the unused part through Apple where possible.
• Sections 5 (the rights we need to finish deleting your content), 12, 13, 14 and 16 still apply after your account ends.

12. Disclaimers

Nightsesh is provided "as is" and "as available." To the fullest extent the law allows, we don't promise that Nightsesh will be error-free or always available. We don't promise that AI output will be accurate, complete or suitable for any purpose, including any grade or test result. Some places don't allow these disclaimers, so they may not all apply to you.

13. Limit on liability

To the fullest extent the law allows, we aren't liable for indirect, incidental, special, consequential or punitive damages, or for lost data, grades or opportunities. Our total liability for any claim about Nightsesh is limited to the greater of what you paid for Nightsesh in the 12 months before the claim or $50. Some places don't allow these limits, so they may not apply to you. Nothing in these Terms limits liability that the law doesn't allow us to limit, or any rights you have as a consumer that can't be waived.

14. Disputes and governing law

• These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules.
• Any dispute will be resolved in the state or federal courts located in Colorado, unless the law where you live gives you the right to bring a claim there.
• Before filing a claim, please email us first and give us 30 days to try to fix it.
• There's no mandatory arbitration and no class-action waiver in these Terms.

15. Changes to these Terms

We may update these Terms. If a change is important, we'll tell you in the app at least 14 days before it takes effect. If you keep using Nightsesh after that, the new Terms apply. If you don't agree, you can stop using Nightsesh and delete your account.

16. Other legal terms

• These Terms, together with our Privacy Policy and the Apple terms in section 17, are the whole agreement between you and us about Nightsesh.
• If a part is found unenforceable, the rest still applies.
• Not enforcing a right isn't a waiver.
• You can't transfer these Terms. We can, as part of a merger or sale, with notice to you.
• Exams named in Nightsesh are only examples of what you can study. SAT and AP are registered trademarks of College Board, ACT is a registered trademark of ACT, Inc., and MCAT is a registered trademark of the AAMC. None of them is affiliated with or endorses Nightsesh.

17. Apple's standard EULA and Apple terms

If you get Nightsesh from Apple's App Store, Apple's Licensed Application End User License Agreement (Apple's standard EULA) also applies to your use of Nightsesh, including its subscriptions. These Terms add to it. If the two conflict, these Terms apply, except that the points below always apply:

• These Terms are between you and Sparks Strategies LLC only, not Apple. We, not Apple, are solely responsible for Nightsesh and its content.
• License: we grant you a limited, non-transferable license to use Nightsesh on Apple-branded products you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions. Family Sharing isn't available for Nightsesh plans.
• Support: we're responsible for maintenance and support. Apple has no obligation to provide any.
• Warranty: if Nightsesh fails to meet any warranty that applies, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent the law allows, Apple has no other warranty obligation for Nightsesh.
• Claims: we, not Apple, are responsible for any claims about Nightsesh, including product liability, failure to meet legal or regulatory requirements, and claims under consumer-protection, privacy or similar laws.
• Intellectual property: if someone claims Nightsesh infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging the claim.
• Legal compliance: you confirm that you're not in a country under a U.S. Government embargo or designated as "terrorist supporting", and that you're not on any U.S. Government list of prohibited or restricted parties.
• Third-party terms: you must follow any third-party terms that apply when you use Nightsesh.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. Contact

Questions, complaints or claims about Nightsesh go to Sparks Strategies LLC:

• Email: support@nightsesh.com
• Phone: (719) 320-4431
• Mail: Sparks Strategies LLC, 9213 Kathi Creek Dr, Colorado Springs, CO 80924