Using Nightwatch
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 agree 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 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, and application program interfaces (API). You also understand that the Service may include certain communications from Nightwatch, such as service announcements and administrative messages and that these communications are considered part of Nightwatch's 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 the 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.
Attribution
By using Nightwatch, 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.
Account Access
You must provide your valid email address and any other information requested in order to complete the 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.
Email Newsletter
By registering an account at Nightwatch ( free or paid ), you're allowing us to send email notifications to the email address you specified upon registration.
These email notifications may include updates to Nightwatch's toolset, tips & tutorials on using Nightwatch tools, promotional offers, and system messages.
You're also allowed to subscribe to weekly updates from the Nightwatch blog, which is not obligatory for completing the registration process.
Please be advised that you can opt-out of any of these emails at any time by using the "unsubscribe" link at the bottom of each email we send.
We may send emails via our own mailing service or via a third-party service like Postmark, EmailOctopus, or Intercom.
Unauthorized Users
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Unauthorized Uses
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Nightwatch. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is Nightwatch's copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Nightwatch for use in accessing the Service. All attempts to access the website, server, or database of Nightwatch by means of any automatic tools or in any unnatural way are prohibited and may result in the termination of the client's access to Services. Application program interfaces (API) are the only allowed way to get data using automatic tools.
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 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 vary number of features and/or different limits.
Refund policy
Nightwatch is not obligated to provide you with a refund at any time.
Cancellation of service
Nightwatch reserves the right of unilateral service cancellation under the following circumstances:
The client breaks these Terms and Conditions;
The client diverges from the normal usage patterns established by Nightwatch services;
The client attempts to inflict damages on the reputation or normal work of Nightwatch.com;
As a response to requests for customer service;
Nightwatch receives abuse requests concerning user actions from law enforcement agencies.
Cancellation of service by the 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 suspend or stop a Service altogether. You can stop using our Services anytime, 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 SUPPLY 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.
Contacting Nightwatch
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 the Nightwatch board.
The client agrees not to pass any commercially sensitive information and data about their operations to Nightwatch.
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 the Nightwatch board.
All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded as 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 the 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 the Nightwatch board.
About these Terms
We may modify these terms or any additional terms that apply to a Service, for example, to 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 the use of the 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 the 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.