Novaire Digital / Nightcap / Terms

Terms of Use

Nightcap · Last updated 22 October 2026

These terms govern your use of Nightcap ("the App"), a drink tracking application made by Benjamin Jacquet, trading as Novaire Digital (ABN 24 349 309 268), Australia ("we", "our"). By downloading or using the App you agree to these terms. If you do not agree, please do not use the App.

1. Who we are

Nightcap is an independent application made by Benjamin Jacquet, trading as Novaire Digital (ABN 24 349 309 268), Australia. For questions about these terms, contact support@novairedigital.com.

2. Who can use Nightcap

Nightcap is for adults who are of legal drinking age where they live: 18 in Australia, New Zealand, the UK and Ireland, and 21 in the United States and Canada. By using the App you confirm that you are. If we learn that someone under age has an account, we delete it.

3. The estimate

  • The blood-alcohol figure the App shows is an estimate worked out from the Widmark formula, your body profile and the drinks you log. It is not a measurement and it is not a breath test.
  • It can be wrong in either direction. Food, medication, health, drinking speed and how accurately you log all change the real figure.
  • The estimate is never a time to drive, and the App is not medical or legal advice. If you are driving, do not drink. Zero is the only safe reading for driving.

4. Your choices are your responsibility

The App helps you keep track; it does not decide anything for you. You are responsible for how much you drink, whether you drive, and what you do after drinking. Do not rely on the App in place of a qualified professional. If you or someone with you is in danger, call your local emergency number.

5. Crews and live sessions

  • What others see: crews and live sessions show other members only what the Privacy Policy describes. In a live session your estimate is shared only if you switch sharing on, and you can switch it off at any time.
  • Acceptable use: do not harass anyone, do not pressure anyone to drink, and do not use hateful or sexual names, avatars or crew names.
  • Report and block: you can report or block another user from inside the App.
  • Our role: we may remove content, crews and accounts that break these terms.

6. AI features

AI features are optional. The App asks for your consent before anything is sent to our AI provider, and everything else works without it. AI results, such as a drink identified from what you typed or from a photo, can be wrong. Check the card before you log it.

7. Nightcap Premium subscription

  • Plans and pricing: Nightcap Premium is an auto-renewing monthly or yearly subscription. The price, any free trial and the renewal terms are shown in the App and in the store before you subscribe.
  • Free trial: where a free trial is offered, trial eligibility is decided by the App Store or Google Play. Unless you cancel, the trial converts automatically into a paid subscription at the end of the trial.
  • Billing and renewal: payment is charged to your Apple ID or Google Play account, and entitlements are verified through RevenueCat. We never see or store your payment details. Your subscription renews automatically unless you cancel at least 24 hours before the end of the current period.
  • Cancelling: manage or cancel a subscription in your store account. On iOS: Settings · your name · Subscriptions. On Google Play: Payments and subscriptions · Subscriptions. Cancelling stops future charges; you keep Premium until the end of the period you have paid for. Deleting your Nightcap account does not cancel a subscription.
  • Refunds: refunds are handled by the store you subscribed through, under its refund policies.
  • Your consumer rights: nothing in these terms excludes, restricts or modifies the consumer guarantees under the Australian Consumer Law or any other consumer rights that cannot be excluded under the law that applies to you.

8. Your account and ending it

An account is optional. If you create one, you are responsible for keeping access to your email address or Apple or Google sign-in secure. You can delete your account at any time in the App (Profile > Delete account), or by following the steps on the delete account page. We may suspend or close an account that breaks these terms, or that is used to abuse the App or other people.

9. Acceptable use of the App

You agree not to reverse engineer, resell, or misuse the App, interfere with its operation or our servers, or use it in breach of any law. We grant you a personal, non-exclusive, non-transferable licence to use the App on devices you own or control.

10. Disclaimers and liability

The App is provided "as is" to the extent permitted by law. Nothing in these terms excludes rights that cannot be excluded under applicable law, including consumer guarantees under the Australian Consumer Law. To the extent permitted by law, we are not liable for indirect or consequential loss arising from use of the App, including loss arising from reliance on the estimate, on an AI result or on anything another user shares or says.

11. Changes

We may update the App and these terms. Material changes will be reflected on this page with an updated date above. Continuing to use the App after a change means you accept the updated terms.

12. Governing law

These terms are governed by the law of New South Wales, Australia. Disputes are subject to the non-exclusive jurisdiction of the Australian courts. If you live outside Australia, this does not take away any protection you have under the law of the country where you live.

13. Contact

Questions about these terms: support@novairedigital.com.