Terms and Conditions

Last updated: December 27, 2025

These Terms and Conditions represent a binding legal agreement between you and Nightlamp. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our website or services.

1. Binding Agreement

These Terms and Conditions create a legally binding contract between you (the user) and Nightlamp. Your use of our website or services constitutes acceptance of these terms. This agreement is effective from the moment you first access our website or use any of our services.

If you are accessing our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms, and references to "you" shall include both you individually and the organization.

2. User Obligations and Conduct

As a user of our website and services, you agree to comply with all applicable laws and regulations. Your specific obligations include:

3. Prohibited Behaviors

The following activities are strictly prohibited when using our website or services:

• Attempting to gain unauthorized access to our systems, servers, or networks
• Reverse engineering, decompiling, or disassembling any software or technology
• Using automated systems or software to extract data from our website (scraping)
• Impersonating any person or entity or falsely representing your affiliation
• Distributing spam, chain letters, or unsolicited commercial communications
• Uploading or transmitting viruses, malware, or other harmful code
• Violating the privacy rights or intellectual property rights of others
• Engaging in fraudulent, deceptive, or misleading practices
• Using our services for any illegal or unauthorized purpose
• Interfering with or disrupting the integrity or performance of our services

4. Content Guidelines and Restrictions

If you submit any content through our website (including but not limited to inquiries, feedback, or project materials), you must ensure that such content:

5. Age Restrictions and Requirements

Our services are intended for users who are at least 18 years of age. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.

If you are under 18 years of age, you may only use our services with the involvement and consent of a parent or legal guardian. Parents and guardians are responsible for monitoring and supervising the use of our services by minors.

6. Privacy and Data Protection

Your use of our services is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By agreeing to these Terms and Conditions, you also acknowledge and accept our Privacy Policy.

You are responsible for maintaining the confidentiality of any login credentials or personal information you provide to us. You must notify us immediately if you become aware of any unauthorized use of your account or any other security breach.

7. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Nightlamp, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees and costs) arising from:

• Your use or misuse of our website and services
• Your violation of these Terms and Conditions
• Your violation of any applicable laws or regulations
• Your violation of any rights of third parties, including intellectual property rights
• Any content you submit or transmit through our services
• Your negligent or willful misconduct

This indemnification obligation will survive the termination of these Terms and Conditions and your use of our services.

8. Liability and Warranties

9. Force Majeure

Nightlamp shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, extreme weather events, or acts of God
• War, terrorism, civil unrest, or political instability
• Government actions, embargoes, or legal restrictions
• Labor disputes, strikes, or work stoppages
• Telecommunications or internet service failures
• Power outages or equipment failures beyond our control
• Pandemics, epidemics, or public health emergencies

During such events, our obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as possible.

10. Intellectual Property Rights

All intellectual property rights in our website, services, and content are owned by or licensed to Nightlamp. This includes but is not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights.

You may not:

• Copy, modify, distribute, sell, or lease any part of our services
• Use our trademarks, logos, or branding without written permission
• Create derivative works based on our content or technology
• Remove or alter any copyright, trademark, or proprietary notices
• Use our intellectual property for commercial purposes without authorization

11. Third-Party Interactions

Our services may enable you to interact with third-party websites, services, or content. We are not responsible for:

• The content, accuracy, or opinions expressed on third-party websites
• The privacy practices or policies of third parties
• Any products or services offered by third parties
• Any transactions you enter into with third parties
• Any damages or losses caused by your interaction with third parties

Your interactions with third parties are solely between you and the third party. We recommend that you review the terms and privacy policies of any third-party websites or services before engaging with them.

12. Dispute Resolution and Governing Law

13. Severability and Waiver

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Our failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by an authorized representative of Nightlamp.

14. Assignment and Transfer

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment without consent shall be void.

We may assign, transfer, or delegate our rights and obligations under these terms to any third party at our sole discretion, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. We will notify you of any such assignment.

15. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements we publish on our website, constitute the entire agreement between you and Nightlamp regarding your use of our services.

These terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Nightlamp regarding the subject matter herein.

16. Modification of Terms

We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• Post a notice on our website about the material changes
• Send email notification to registered users when changes are substantial
• Provide a reasonable period for you to review the changes before they take effect

Your continued use of our services after the effective date of any modifications constitutes your acceptance of the updated Terms and Conditions. If you do not agree to the modified terms, you must discontinue using our services.

17. Termination Rights

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms and Conditions
• Fraudulent, abusive, or illegal activity
• Violation of applicable laws or regulations
• Harm to our business interests or reputation
• At our discretion, for any other reason

Upon termination, all rights granted to you under these terms will immediately cease. Provisions that by their nature should survive termination shall continue to apply, including indemnification, limitation of liability, and dispute resolution provisions.

18. Survival of Terms

The following provisions shall survive termination of these Terms and Conditions:

• Intellectual property rights and licenses
• Indemnification obligations
• Limitation of liability
• Disclaimer of warranties
• Governing law and dispute resolution
• Any other provisions that by their nature should survive

19. Language and Interpretation

These Terms and Conditions are written in English. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

Section headings in these terms are for convenience only and shall not affect the interpretation of any provision. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation."

20. No Third-Party Beneficiaries

These Terms and Conditions are for the benefit of you and Nightlamp only. No third party shall have any right to enforce any provision of these terms or to benefit from any provision hereof.