Terms of Service

Last updated: July 15, 2026

These Terms of Service ("Terms") govern your access to and use of the NightShift service ("Service") operated by NightShift ("we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use NightShift. By using the Service, you represent that you meet these requirements.

2. Your Account

• You're responsible for maintaining the security of your account and password.
• You're responsible for all activity that occurs under your account.
• You must provide accurate, current, and complete information during signup and keep it updated.
• You may not share your account credentials with any third party.

3. Subscriptions and Payment

NightShift is offered at a flat rate of $79 USD per month. Subscriptions are billed in advance via Stripe. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until you cancel.

• 30-day money-back guarantee. If you're not satisfied within 30 days of your first charge, email support@nightshiftai.agency for a full refund.
• You may cancel your subscription at any time from your account Settings. Cancellation takes effect at the end of your current billing period.
• No refunds are issued for partial-month cancellations after the 30-day guarantee period, except where required by law.
• Prices may change with 30 days' notice via email.

4. Acceptable Use

You agree not to use NightShift to:

• Send spam, harassment, threats, or unlawful content.
• Violate any applicable law (CAN-SPAM, TCPA, GDPR, CCPA, attorney advertising rules, etc.).
• Impersonate any person or entity, or mislead recipients about the nature of the auto-reply.
• Generate deceptive, fraudulent, or materially misleading communications.
• Reverse-engineer, decompile, or attempt to extract source code from the Service.
• Interfere with or disrupt the Service or its infrastructure.

5. Your Content and Customer Data

You retain ownership of all content (emails, business information, FAQ content) that you provide to NightShift ("Your Content"). You grant us a limited license to use Your Content solely to operate the Service for you.

You represent that you have the right to send the auto-replies NightShift generates on your behalf, including any required consent from your customers under applicable law.

6. AI-Generated Replies

NightShift uses artificial intelligence to generate email replies. By using the Service, you acknowledge:

• AI-generated replies are not guaranteed to be accurate, complete, or appropriate for every situation.
• You are responsible for reviewing replies before they are sent (the Service provides a review queue for this purpose).
• We are not liable for any damages arising from reliance on AI-generated content.

7. Service Availability

We target 99% uptime but do not guarantee uninterrupted access. We may perform maintenance, updates, or experience outages. When reasonably possible, we'll provide advance notice of planned downtime.

8. Suspension and Termination

We may suspend or terminate your account if:

• You violate these Terms.
• Your payment fails and remains unpaid after notice.
• Continued provision of the Service would violate the law or expose us to liability.

You may terminate your account at any time via Settings or by emailing support@nightshiftai.agency.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTSHIFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO NIGHTSHIFT IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless NightShift from any claim, demand, loss, or liability arising out of your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party right.

12. Changes to These Terms

We may revise these Terms from time to time. The most current version will always be posted on this page. Material changes will be notified via email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Any disputes will be resolved in the state or federal courts located in Delaware.

14. Contact

Questions about these Terms? Email support@nightshiftai.agency.