Draft, subject to change. Nightjar isn’t on sale yet. This policy is a working draft, published early so you can read it, and it may change before Nightjar launches. The version in force when you buy is the one that applies to your purchase.
This policy explains your cancellation rights, your statutory rights if something’s faulty, and the voluntary refunds we offer on top. It’s part of our Terms of Service and is written for consumers in the UK, the EU/EEA, and worldwide.
Nightjar is a digital product: a download and a licence key. Nothing physical ships, so there’s nothing to return. Refunds, where they apply, go back to your original payment method.
In plain English
Everything is digital and delivered instantly, so at checkout you’ll be asked to agree to immediate access. By law, that means you give up the automatic 14-day “change your mind” right once your download begins. That’s normal for downloadable software.
Your rights if something’s actually wrong don’t go anywhere. If Nightjar is faulty, not as described, or won’t work, you’re entitled to have it put right, whether by repair, replacement, or a refund.
On top of that, we offer goodwill refunds for things like non-delivery, an unresolvable technical fault, or an accidental duplicate purchase, within 14 days.
Refunds are handled by our reseller, Lemon Squeezy, and go back to your original payment method.
1. The 14-day cancellation right, and why it usually doesn’t apply to downloads
When you buy online (at a “distance”), UK law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and equivalent EU law under the Consumer Rights Directive normally give consumers a 14-day right to cancel for any reason.
But there’s a specific rule for downloadable digital content. That 14-day right is lost once the download or supply begins, if you have:
given your express prior consent to us starting supply straight away; and
acknowledged that you’ll lose the 14-day right once it does.
Because Nightjar unlocks and downloads immediately after purchase, our checkout asks you to tick a box confirming exactly that. It reads something like this:
“I want Nightjar to be made available to me immediately, and I understand that I lose my 14-day right to cancel once the download/unlock begins.”
Once you’ve agreed to that and your download or unlock has started, the automatic 14-day cancellation right no longer applies. If you buy but haven’t yet started the download or unlock, you can still cancel within 14 days for a full refund.
None of this affects your rights if something is faulty. Those are separate, and covered next.
2. Your rights if Nightjar is faulty or not as described
Whatever the cancellation position, the law protects you if what you bought isn’t up to scratch. Under the UK Consumer Rights Act 2015, digital content must be of satisfactory quality, fit for a purpose you told us about, and as described. If it isn’t, you’re entitled to remedies, which generally run in this order:
Repair or replacement. We’ll fix the problem or provide a working version at no cost to you, within a reasonable time and without significant inconvenience.
Price reduction or refund. If a repair or replacement isn’t possible, doesn’t fix it, or can’t be done without causing you significant inconvenience, you can ask for some or all of your money back.
If faulty digital content damages your device or other digital content and we didn’t use reasonable care and skill, you may also be entitled to have that put right or to compensation.
If you’re in the EU/EEA, you have equivalent rights under your national law (including the Digital Content Directive). Nothing in this policy affects your statutory rights.
3. Our voluntary refund policy (goodwill)
On top of your legal rights, we want buying Nightjar to feel low-risk. So even where the 14-day right has ended, we’ll offer a refund in these situations, within 14 days of purchase:
We didn’t deliver. You paid but never received a working licence key, or couldn’t download the app or a map pack you bought, and we can’t get it to you.
A technical fault stops you using it and we can’t resolve it. Nightjar or a map pack won’t work on a supported Mac, you’ve given us a fair chance to help, and we can’t fix it in a reasonable time.
Accidental duplicate purchase. You bought the same app licence or the same map pack twice by mistake, and we’ll refund the duplicate.
We look at every request fairly and in good faith, and we may ask for a couple of details (your receipt or order reference, your macOS version, and a short description of the problem) so we can help or refund quickly.
What isn’t usually refundable
Outside your statutory rights and the goodwill situations above, we generally can’t offer a refund for:
simply changing your mind after you’ve downloaded and used Nightjar (remember, you agreed to immediate supply; see section 1);
buying the wrong region when the app worked as described (please check coverage before buying; the free/demo version lets you try Nightjar first);
your Mac not meeting the published system requirements; or
requests made long after the purchase where there’s no fault.
This list isn’t us contracting out of your legal rights. If you have a statutory right to a refund, you have it regardless of anything here.
4. How refunds are processed, and our Merchant of Record
We sell Nightjar through a Merchant of Record (“MoR”), Lemon Squeezy, who is the seller of record for your purchase and who handles payments and refunds. In practice:
refunds are issued through Lemon Squeezy and go back to your original payment method, usually up to 10 business days once approved, depending on your bank or card provider;
Lemon Squeezy operates its own refund and buyer-protection terms alongside this policy. It reserves the right to issue a refund within 60 days of purchase to resolve disputes and prevent chargebacks. Where Lemon Squeezy’s terms give you a broader right than this policy, you get the benefit of it; and
you can raise a refund request either with us (we’ll coordinate with Lemon Squeezy) or directly with Lemon Squeezy, whichever is easier for you.
If we ever sell to you directly instead of through Lemon Squeezy, we’ll process the refund ourselves to your original payment method on the same basis.
5. Please don’t chargeback before talking to us
If you think you’re owed a refund, email us first. We’ll almost always sort it out faster than a bank dispute. Raising a chargeback with your card provider before contacting us can lock the funds and slow everything down for both of us. (This is a request, not a limit on your rights. You’re always free to use your card provider’s protections.)
a short note on what went wrong (and, for a technical fault, your macOS version).
We’ll reply within 2 to 3 business days. For a fault, we may suggest a quick fix or a replacement first; if that doesn’t resolve it, we’ll refund.
If we approve a refund, Lemon Squeezy issues it to your original payment method. There are no physical returns, so you don’t need to send anything back, and you don’t need to delete anything, though your licence to keep using a refunded product ends.