These Terms of Service ("Terms") govern your download, installation, and use of the Night Hark mobile application (the "App", "Service"), provided by Dr. Bernhard Piskernik ("Developer", "we", "us", or "our").
By downloading, accessing, or using Night Hark, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not download, install, or use the App.
Dr. Bernhard Piskernik
Ernst-Melchior-Gasse 10
1020 Vienna
Austria
Email: [email protected]
Website: https://moodpatterns.info
Night Hark is a privacy-first mobile sound classification and sleep tracking application designed to detect, classify, and visualize nocturnal sounds and ambient disturbances (such as snoring, coughing, speech, pets, and environmental noise).
100% On-Device Processing: Night Hark operates entirely offline. All machine learning inference (LiteRT / TensorFlow Lite audio classification), decibel level measurements, audio recording, and trend analytics run strictly on your local device hardware. Night Hark requires no user registration, no account creation, and transmits zero audio clips, biometric samples, or tracking analytics to external servers.
Night Hark is an informational and personal wellness tracking tool only. It is NOT a medical device.
The App is not certified as a medical diagnostic device, software as a medical device (SaMD), or clinical diagnostic aid. It is neither intended nor designed to detect, diagnose, treat, prevent, or monitor any disease, pathological condition, sleep disorder (including but not limited to obstructive sleep apnea, central sleep apnea, chronic hypoxemia, or respiratory illnesses), or health impairment.
Any statistics, charts, acoustic sound classifications, sound intensity graphs, or trend estimates displayed in the App are intended solely for personal informational and self-reflection purposes. You must not rely on the App as a substitute for professional medical advice, clinical sleep studies (polysomnography), or medical diagnosis. Always seek the advice of a qualified physician, pulmonologist, or medical specialist with any questions regarding your sleep patterns or health conditions.
Your sleep data belongs exclusively to you and remains on your device.
All sound classifications, decibel measurements, time logs, optional audio snippets, session tags, and personal notes are stored locally in the App's sandbox directory and local SQLite database.
Because we do not store or mirror your data on remote servers:
Night Hark offers core sound recording and basic tracking features free of charge. Users may optionally purchase Night Hark Pro to unlock advanced capabilities, such as extended sound classification categories, unlimited historical trends, advanced tag filters, audio snippet export, and detailed CSV diagnostic data logs.
All in-app purchases and subscriptions are processed, billed, and managed exclusively by Google LLC (Google Play Store) or Apple Inc. (Apple App Store) via your respective store account. We do not collect, process, or store credit card numbers or personal billing details.
Prices are displayed in the App via the respective storefront before purchase and include applicable taxes (e.g. VAT) as determined by your country of residence and the store operator.
If an annual subscription includes a free trial period, you will be billed the annual price upon expiration of the trial unless canceled at least 24 hours before the trial ends.
You can manage, modify, or cancel your subscriptions at any time via your device's account settings:
Uninstalling the App does not automatically cancel an active subscription.
Because all payments are processed directly by the app stores, refund requests are governed by the respective store policies:
Users who installed Night Hark prior to the introduction of Night Hark Pro and monetization may be granted lifetime complimentary access to Pro features as an early supporter, subject to local installation records and store transaction verification.
All rights, title, copyright, and intellectual property in and to Night Hark — including but not limited to the source code, machine learning classification pipelines, algorithms, graphical interface, logos, trademarks, and documentation — are the exclusive property of Dr. Bernhard Piskernik.
Subject to these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App on mobile devices you own or control strictly for your personal, non-commercial use.
You agree not to:
Night Hark is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, statutory, or implied.
To the maximum extent permitted under applicable law, we expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, acoustic classification accuracy, quiet enjoyment, and non-infringement. We do not warrant that the sound classifications will be error-free, that microphone calibration across all Android or iOS hardware will be uniform, or that the App will operate uninterrupted under aggressive operating system battery-saver policies.
To the fullest extent permitted by applicable law (including Austrian and EU consumer protection regulations):
Nothing in these Terms limits or excludes liability for intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), personal injury, or statutory consumer rights that cannot be legally waived or excluded under applicable law.
You may terminate your agreement with these Terms at any time by uninstalling the App and canceling any active subscriptions via Google Play or the App Store.
We reserve the right to modify, update, enhance, or discontinue the App or any part thereof at any time. When updates are published on the Google Play Store or App Store, your continued use of the App will constitute acceptance of any updated functionality and terms.
These Terms shall be governed by and construed in accordance with the laws of Austria, excluding its conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer residing within the European Union, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence. Consumers within the EU may also submit disputes to the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.
We may update these Terms periodically to reflect changes in our App, feature offerings, monetization model, or legal requirements. Updated Terms will be posted to this URL with a revised "Last Edited" date. Your continued use of Night Hark after any modifications indicates your acceptance of the revised Terms.
If you have any questions or feedback regarding these Terms of Service, please contact us at:
Dr. Bernhard Piskernik
Ernst-Melchior-Gasse 10
1020 Vienna
Austria
Email: [email protected]
Last Edited: 2026-11-07