Terms of Service (ToS)

Who May Use
the Services

You may use the services only if you agree to form a binding contract with Nightlight
and are not a person barred from receiving services under the laws of the applicable
jurisdiction. In any case, you must be at least 13 years old, to use the Services.

If you are accepting these Terms and
using the services on behalf of a company, organization, government, or other legal
entity, you represent and warrant that you are authorized to do so and have the
authority to bind such entity to these Terms, in which case the words “you” and
your” as used in these Terms shall refer to such entity.


Our Privacy Policy (https://www.night-light.cz/terms/privacy.html) describes how we handle the
information you provide to us when you use our services.

Content on the Services

You are responsible for your use of the Services and for any Content you provide,
including compliance with applicable laws, rules, and regulations. You should only
provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or
obtained by you through the Services is at your own risk. We do not endorse,
support, represent or guarantee the completeness, truthfulness, accuracy, or
reliability of any Content or communications posted via the Services or endorse
any opinions expressed via the Services. You understand that by using the
Services, you may be exposed to Content that might be offensive, harmful,
inaccurate or otherwise inappropriate, or in some cases, postings that have been
mislabeled or are otherwise deceptive. All Content is the sole responsibility of the
person who originated such Content. We may not monitor or control the Content
posted via the Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement,
including for example, copyright or trademark violations or other intellectual
property misappropriation, impersonation, unlawful conduct, or harassment.

If you believe that your Content has been copied in a way that constitutes
copyright infringement, please report this by sending an email with detailed information about the situation on [email protected]

Your Rights and Grant of Rights in the

You retain your rights to any Content you submit, post or display on or through
the Services. What’s yours is yours — you own your Content (and your incorporated
audio, photos and videos are considered part of the Content).
By submitting, posting or displaying Content on or through the Services, you grant
us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to
use, copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods now known or
later developed (for clarity, these rights include, for example, curating, transforming,
and translating). This license authorizes us to make your Content available to the
rest of the world and to let others do the same. You agree that this license includes
the right for Nightlight to provide, promote, and improve the Services and to make
Content submitted to or through the Services available to other companies,
organizations or individuals for the syndication, broadcast, distribution, Retweet,
promotion or publication of such Content on other media and services, subject to
our terms and conditions for such Content use. Such additional uses by Nightlight, or
other companies, organizations or individuals, is made with no compensation paid
to you with respect to the Content that you submit, post, transmit or otherwise
make available through the Services as the use of the Services by you is hereby
agreed as being sufficient compensation for the Content and grant of rights herein.

Nightlight has an evolving set of rules for how ecosystem partners can interact with
your Content on the Services. These rules exist to enable an open ecosystem with
your rights in mind. You understand that we may modify or adapt your Content as
it is distributed, syndicated, published, or broadcast by us and our partners and/or
make changes to your Content in order to adapt the Content to different media.
You represent and warrant that you have, or have obtained, all rights, licenses,
consents, permissions, power and/or authority necessary to grant the rights granted
herein for any Content that you submit, post or display on or through the Services.
You agree that such Content will not contain material subject to copyright or other
proprietary rights, unless you have necessary permission or are otherwise legally
entitled to post the material and to grant Nightlight the license described above.

Your Account

You may need to create an account to use some of our Services. You are
responsible for safeguarding your account, so use a strong password and limit its
use to this account. We cannot and will not be liable for any loss or damage arising
from your failure to comply with the above.
You can control most communications from the Services. We may need to
provide you with certain communications, such as service announcements
and administrative messages. These communications are considered part of
the Services and your account, and you may not be able to opt-out from receiving
them. If you added your phone number to your account and you later change or
deactivate that phone number, you must update your account information to help
prevent us from communicating with anyone who acquires your old number.

Your License to Use the Services

Nightlight gives you a personal, worldwide, royalty-free, non-assignable and non-
exclusive license to use the software provided to you as part of the Services.
This license has the sole purpose of enabling you to use and enjoy the benefit
of the Services as provided by Nightlight, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the
United States and other countries. Nothing in the Terms gives you a right to use
the Nightlight name or any of the Nightlight trademarks, logos, domain names, other
distinctive brand features, and other proprietary rights. All right, title, and interest
in and to the Services (excluding Content provided by users) are and will remain
the exclusive property of Nightlight and its licensors. Any feedback, comments, or
suggestions you may provide regarding Nightlight, or the Services is entirely voluntary
and we will be free to use such feedback, comments or suggestions as we see fit
and without any obligation to you.

Ending These Terms

You may end your legal agreement with Nightlight at any time by deleting your
accounts and discontinuing your use of the Services.

We may suspend or terminate your account or cease providing you with all or
part of the Services at any time for any or no reason, including, but not limited to,
if we reasonably believe: (i) you create risk or possible legal
exposure for us; (ii) your account should be removed due to unlawful conduct,
(iii) your account should be removed due to prolonged inactivity; or (iv) our provision
of the Services to you is no longer commercially viable. We will make reasonable
efforts to notify you by the email address associated with your account or the next
time you attempt to access your account, depending on the circumstances. In all
such cases, the Terms shall terminate, including, without limitation, your license
to use the Services. If you believe your account was terminated in error you can
contact us at [email protected]. For the avoidance of doubt, these Terms survive the
deactivation or termination of your account.

5 Disclaimers and
Limitations of Liability
The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You
understand and agree that the Services are provided to you on an “AS IS” and
AS AVAILABLE” basis. The “ Nightlight Entities” refers to Nightlight, its parents, affiliates,
related companies, officers, directors, employees, agents, representatives, partners,
and licensors. Without limiting the foregoing, to the maximum extent permitted
Entities make no warranty or representation and disclaim all responsibility and
liability for: (i) the completeness, accuracy, availability, timeliness, security or
reliability of the Services or any Content; (ii) any harm to your computer system,
loss of data, or other harm that results from your access to or use of the Services
or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content
and other communications maintained by the Services; and (iv) whether the
Services will meet your requirements or be available on an uninterrupted, secure,
or error-free basis. No advice or information, whether oral or written, obtained from
the Nightlight Entities or through the Services, will create any warranty or
representation not expressly made herein.

6 General

We may revise these Terms from time to time. The changes will not be retroactive,
and the most current version of the Terms, which will always be at night-light.cz/terms/tos.html,
will govern our relationship with you. We will try to notify you of material revisions,
for example via a service notification or an email to the email associated with your
account. By continuing to access or use the Services after those revisions become
effective, you agree to be bound by the revised Terms.
The laws of the State of California, excluding its choice of law provisions, will
govern these Terms and any dispute that arises between you and Nightlight. All
disputes related to these Terms or the Services will be brought solely in the federal
or state courts located in San Francisco County, California, United States, and you
consent to personal jurisdiction and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using
the Services in your official capacity and legally unable to accept the controlling
law, jurisdiction or venue clauses above, then those clauses do not apply to you.
For such U.S. federal government entities, these Terms and any action related
thereto will be governed by the laws of the United States of America (without
reference to conflict of laws) and, in the absence of federal law and to the extent
permitted under federal law, the laws of the State of California (excluding choice
of law).
In the event that any provision of these Terms is held to be invalid or unenforceable,
then that provision will be limited or eliminated to the minimum extent necessary,
and the remaining provisions of these Terms will remain in full force and effect.
Nightlight failure to enforce any right or provision of these Terms will not be deemed
a waiver of such right or provision.

Effective: April 7, 2022