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Terms of Service

NightSync - Terms of Service

These Terms of Service ("Terms") govern your access to and use of NightSync's software products, services, and websites (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

1. Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Account Registration

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3. License Terms

Subject to these Terms, NightSync grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use our software products for your personal use only. You may not:

  • Copy, modify, or create derivative works of our Services
  • Reverse engineer, decompile, or disassemble our Services
  • Rent, lease, lend, sell, redistribute, or sublicense our Services
  • Use our Services for any illegal purpose or in violation of any applicable laws
  • Use our Services to infringe upon the rights of others
  • Share your account or license key with others
  • Use our Services on more than one device simultaneously

4. License Duration

Licenses are offered in various durations, including time-limited subscriptions and "lifetime" licenses. The term "lifetime" refers to the period during which the specific version of the product is actively supported and maintained by NightSync. When a product reaches end-of-life or is no longer supported, NightSync reserves the right to terminate "lifetime" licenses for that product.

5. Payment and Billing

All prices are listed in US dollars unless otherwise specified. You agree to pay all fees and charges associated with your account on a timely basis and with valid payment credentials. All payments are non-refundable except as expressly set forth in our Refund Policy section.

6. Refund Policy

Our refund policy is as follows:

6.1 Technical Issues from NightSync

A refund application will only be considered if the product becomes completely non-functional due to an error originating from NightSync. User-caused errors, incompatibilities, or conflicts with third-party software are not covered under this policy.

6.2 Update and Maintenance Process

Access to software may be temporarily unavailable during maintenance. If maintenance exceeds 24 hours, usage time will be extended as compensation; no refunds will be issued.

6.3 System Requirements and Clean Installation

If the product doesn't work, users may be asked to perform a system cleanup (format) or switch to an appropriate Windows version. Refund requests will not be accepted without implementing these suggestions.

6.4 License Violations

Purchased licenses are for personal use only. Each license can only be active on a single device. If the license is shared, resold, or used on multiple devices, the license will be revoked and the right to a refund will be void.

6.5 Ban Situations

If you get banned from any platform due to using our software, this is the user's responsibility. Refund requests due to bans are strictly rejected.

6.6 Application Period

Your refund request must be made within 14 days of product delivery. Applications made after this period will not be considered.

6.7 Final Sale

IMPORTANT: All sales are final. No refunds will be issued under any circumstances. Our products are digital goods and we cannot recover them once delivered.

7. Intellectual Property Rights

The Services and all content and materials included on or within the Services, including, but not limited to, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of NightSync or its licensors and are protected by copyright, trademark, and other intellectual property laws.

8. User Conduct

You agree not to use the Services to:

  • Violate any applicable laws or regulations
  • Infringe the rights of others
  • Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature
  • Harass, abuse, or harm another person
  • Impersonate any person or entity

9. Termination

NightSync may terminate or suspend your access to all or part of the Services, without notice, for any conduct that NightSync, in its sole discretion, believes is in violation of these Terms or is harmful to the interests of NightSync, another user, or a third party. Upon termination, your right to use the Services will immediately cease.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NIGHTSYNC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

IN NO EVENT SHALL NIGHTSYNC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to defend, indemnify, and hold harmless NightSync, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Services caused damage to a third party.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which NightSync operates, without regard to its conflict of law provisions.

14. Changes to Terms

NightSync reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, NightSync will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at NightSync's sole discretion.

15. Contact Information

If you have any questions about these Terms, please contact us through our Discord support server.

Last Updated: April 2025