Agreement
These Terms of Service (the "Terms") govern your access to and use of the Nighto mobile application and related services
(collectively, the "App" or "Services") provided by Nighto Team ("Nighto Team", "we", "us", or "our").
By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
The Services are intended for users aged 17 and older. If you are under 17, you may not use the Services.
1) The Services
Nighto helps you improve photography by providing AI-driven insights and suggestions on image composition, lighting, and exposure.
You may upload photos (and, where available, text) to receive analysis and generated suggestions.
2) Eligibility and Account
- Eligibility: you must be at least 17 years old and have the legal capacity to enter into a binding agreement.
- Account information: you may provide a name, username, and email address; you agree it will be accurate and kept up to date.
- Security: you are responsible for safeguarding your account and for activity under your account.
3) Your Content
Ownership
You retain ownership of photos, text, and other content you submit to the Services ("User Content").
Limited license to operate the Services
You grant Nighto Team a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display your User Content
solely to operate and provide the Services, comply with law, and enforce these Terms.
AI processing and deletion
AI uploads: if you choose to upload photos or text for AI analysis, that content is processed on our own servers,
is not shared with any third party, and is deleted immediately after processing is complete.
Prohibited content
- Do not submit content that violates law or infringes the rights of others.
- Do not submit harmful content (e.g., harassment, hate, or malware).
- Do not attempt to disrupt or exploit the Services.
4) Acceptable Use
- Do not reverse engineer, decompile, or attempt to extract source code except where permitted by law.
- Do not interfere with or impair the Services, or attempt unauthorized access.
- Do not use automated access in a way that overloads or disrupts the Services.
5) Privacy
Your use of the Services is also subject to our Privacy Policy.
6) Intellectual Property
The Services, including software, design, text, graphics, logos, and related intellectual property rights, are owned by Nighto Team or its licensors.
Except for the limited rights expressly granted to you, we reserve all rights.
7) Third-Party Services
The Services may interact with third-party services or device features (such as your operating system, camera roll, or location services).
We do not control third-party services, and your use of them may be governed by their terms and policies.
8) No Face Recognition / Biometrics
Nighto does not perform face recognition and does not create or process biometric identifiers for identification.
Photos are used only to provide the requested analysis and suggestions, and are not used for advertising or marketing.
9) Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTO TEAM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AI-generated suggestions are informational and may be inaccurate or incomplete. You are responsible for how you use any suggestions or outputs.
10) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTO TEAM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTO TEAM'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID
TO NIGHTO TEAM FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD $10 IF YOU PAID NOTHING.
11) Suspension and Termination
We may suspend or terminate your access if we reasonably believe you violated these Terms, pose a risk to the Services or other users, or as required by law.
You may stop using the Services at any time and may request account deletion by contacting us.
12) Changes to the Services or Terms
We may modify the Services or these Terms from time to time. If we make material changes, we will take reasonable steps to provide notice.
Your continued use after changes become effective means you accept the updated Terms to the extent permitted by law.
13) Governing Law and Dispute Resolution (Binding Arbitration)
Governing law
These Terms are governed by the laws of Nighto Team's principal place of business, without regard to conflict of law principles.
Binding arbitration
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration
rather than in court. The arbitration will be conducted on an individual basis and not as a class, collective, or representative action.
Injunctive relief / small claims
Nothing prevents either party from seeking injunctive or equitable relief for unauthorized use of intellectual property or confidential information,
or from bringing an eligible claim in small claims court if allowed by applicable law.