Terms of Service
Thanks for using our products and services ("Services"). The Services are provided by Kundi d.o.o, Gmajna 42a, 2380 Slovenj Gradec, Slovenia. By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Our Services display some content that is not Nightwatch's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
Description of Service
Nightwatch provides users with access to a rich collection of resources, including by not limited to, search engine optimization tools, link analysis tools, application program interfaces (API). You also understand that the Service may include certain communications from Nightwatch, such as service announcements, administrative messages and that these communications are considered part of Nightwatch free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Nightwatch properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). Additionally, you must provide and are responsible for all equipment necessary to access the Service.
Your Registration Obligations
As a registered user of Nightwatch service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nightwatch has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nightwatch has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
No Resale or Redistribution of Service
Except as expressly authorized by Nightwatch, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service or computer code that powers the Service.
By using Nightwatch Top, you acknowledge that all data obtained through the service remains the intellectual property of Kundi d.o.o., and agree to attribute rank and Nightwatch in any publication or distribution of said data.
You must provide your valid email address, and any other information requested in order to complete subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Nightwatch cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
By registering an account at Nightwatch ( free or paid ) you're giving us your permission to send email notifications to the email address that you have specified upon registration.
These email notifications may include: updates to Nightwatch' toolset, tips & tutorials on using Nightwatch tools, promotional offers and system messages.
You're also given an option to subscribe to weekly updates from Nightwatch blog, which is not obligatory for completing the registration process.
Please be advised that you can opt-out from any of these emails any time by using the "unsubscribe" link that is included at the bottom of each email that we send to you.
We may send emails via our own mailing service or via a third party service like Sendgrind, Mixpanel or Drift.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You may not attempt to bypass any functionality or access features on the website directly by using custom http (or other) calls, or attempt to manipulate the Service, or access it in a manner other than in a way in which a reasonable person would consider normal permitted use.
You should not attempt to take advantage of any feature that a reasonable person would consider an obvious omission or error on the website.
Blocking of IP Addresses
In order to protect the integrity of the Service, Nightwatch reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Registration and Subscription
You may become a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available within the Service.
In order to access additional features and services, including the ability to use many of our tools, you must become a subscriber to the service.
Depending on the subscription plan you select, you will be entitled to varying number of features and/or different limits.
Nightwatch is not obligated to provide you a refund at any time.
Cancellation of service
Nightwatch reserves the right of unilateral service cancellation under the following circumstances:
- Client breaks these Terms and Conditions;
- Client diverges from the normal usage patterns established by Nightwatch services;
- Client attempts to inflict damages on the reputation or normal work of Nightwatch.com;
- As respond to requests for customer service;
Nightwatch receives abuse request concerning user actions from law enforcement agencies.
Cancellation of service by client implies that all the responsibilities about data, received by Nightwatch.io services, covered by these Terms and Conditions, are in effect.
Modifications to Service
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we'll be sorry to see you go. Nightwatch may also stop providing Services to you, or add or create new limits to our Services at any time.
Nightwatch users agree that Nightwatch shall not be liable, to you or to any third party, for any modification, suspension or discontinuance of the service.
Liability for our Services
WHEN PERMITTED BY LAW, NIGHTWATCH, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NIGHTWATCH, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, NIGHTWATCH, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
The services and information are provided on an "as is" and "as available" basis without any warranty.
Nightwatch may be contacted by email at [email protected]
By contacting Nightwatch, the client grants Nightwatch a worldwide, non-exclusive perpetual right to any ideas, information, designs or other material contained in any communication, except when the client has obtained prior written agreement from Nightwatch board.
The client agrees not to pass to Nightwatch any commercially sensitive information and data about their own operations.
The client accepts that information sent to Nightwatch will not under any circumstance be considered subject to any form of non-disclosure agreement, except when the client has obtained prior written consent from Nightwatch board.
All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded received by Nightwatch if the client receives a manually created response.
With the exception of the above points, all discussions over email are deemed to be of informal nature, and should only be taken as binding when indicated as such by Nightwatch board.
Any suggestions, mention or reference of any alteration to past, present or future contractual terms by Nightwatch should be taken purely as speculative until such time that the client is in possession of written confirmation by Nightwatch board.
About these Terms
We may modify these terms or any additional terms that apply to a Service, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue use of Service.
These terms control the relationship between Nightwatch and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in future).
If any of these Terms and Conditions are rendered invalid or void, the other Terms and Conditions will remain in fact.
The section titles in the TOS are for convenience only and have no legal or contractual effect.