These Terms govern your use of Nightwatch. Last updated: October 20, 2026.
1. About these Terms
Nightwatch (the “Service”) is provided by Kundi d.o.o., Gmajna 42a, 2380 Slovenj Gradec, Slovenia, VAT ID SI91811112 (“Nightwatch”, “we”, “us”). By creating an account or using the Service, you agree to these Terms.
If you use the Service on behalf of a company, you confirm you are authorized to accept these Terms for that company, and “you” refers to that company.
If you have signed a separate agreement or order form with us, it takes precedence over these Terms where they conflict.
2. Accounts
You must provide accurate account information and keep it up to date. Each login is for one person; to give others access, add them as users in your account. You are responsible for keeping your credentials secure and for all activity under your account. Accounts may not be created by automated means.
3. Trials, Subscriptions and Payment
Free trial. New accounts get a 14-day free trial with no payment card required. The trial does not convert to a paid plan unless you choose one.
Plans and fees. Plan features, limits and prices are listed on our pricing page or in your order form. Fees are charged in advance, monthly, quarterly or annually, in the currency shown at checkout. Prices exclude VAT and other taxes, which are added where applicable. Payments are processed by Stripe.
Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
Plan changes. You can upgrade at any time; upgrades take effect immediately and are charged pro rata. Downgrades take effect from the next billing period.
Price changes. We will notify you by email at least 30 days before a price change applies to your subscription. You may cancel before it takes effect.
Failed payments. If a renewal payment fails, we will retry it for up to 28 days, during which your account stays active. If payment is still not received, the subscription expires.
4. Cancellation and Refunds
You can cancel your subscription at any time from your account or by contacting support. Cancellation takes effect at the end of the current billing period, and you keep access until then.
Fees already paid are non-refundable, except where required by law. We may, at our discretion, offer a full or partial refund or account credit, for example after an unintended renewal.
5. Acceptable Use
You agree not to:
use the Service for anything unlawful or to infringe others’ rights;
access the Service by automated means other than our API, or bypass usage limits or security measures;
reverse engineer, copy or modify the Service or its code, or introduce malicious code;
interfere with the Service or other customers’ use of it;
resell access to the Service itself, or use it to build a competing product.
6. Your Data
You own the data you add to the Service, such as websites, keywords, prompts and data from accounts you connect (“Customer Data”). You give us permission to store and process Customer Data only to provide, secure and support the Service. You are responsible for having the right to use any Customer Data you add.
You can export your data through the app or the API while your subscription is active. If your subscription expires or your account is closed, we may delete Customer Data, including historical data, after a reasonable period, and deleted data cannot be recovered. You can ask us to delete your account and data at any time.
7. Our Service and Your Reports
Nightwatch and its licensors own the Service, including its software, databases, design and brand. These Terms give you a right to use the Service during your subscription, not ownership of it.
You may use the rankings, AI visibility results, metrics and reports the Service generates for your own business and for your clients, including in white-label reports under your own brand where your plan includes it. If you publish Nightwatch data publicly, such as in a study or article, please credit Nightwatch as the source.
We may use aggregated, anonymized data that does not identify you or your clients to operate and improve the Service.
8. API, Integrations and AI Features
API and MCP. Where your plan includes it, you may access the Service through our API and MCP server in line with our documentation. Keep your API keys confidential. We may limit use that harms the Service’s performance for others.
Third-party services. The Service tracks results from search engines and AI platforms we do not control, and can connect to third-party tools such as Google Search Console, Google Analytics and Looker Studio. Your use of those services is subject to their own terms, and their availability or changes may affect the Service.
AI features. Some features use AI models to generate suggestions, content or analysis. AI output and AI visibility results can be incomplete or vary between checks, so please review them before relying on or publishing them.
9. Privacy and Data Protection
Our Privacy Policy explains how we handle personal data and forms part of these Terms. Where we process personal data on your behalf, we act as your processor under the GDPR, and our Data Processing Agreement, available on request, applies.
We use appropriate technical and organizational measures to protect Customer Data, including access controls, mandatory two-factor authentication for our team, and firewalled server access.
We send emails needed to run your account, such as billing, security and service notices. You can unsubscribe from product and marketing emails at any time.
10. Confidentiality and Feedback
Each party will keep the other’s non-public information confidential, use it only for the purposes of these Terms, and protect it with reasonable care. This includes Customer Data, account details and custom pricing. It does not cover information that is public, already known, independently developed, or that must be disclosed by law.
If you send us suggestions or feature ideas, we may use them freely to improve the Service, without any obligation to you.
11. Suspension and Termination
We may suspend or terminate your access if you materially breach these Terms, do not pay fees when due, put the Service or other customers at risk, or if we are required to by law. Where reasonable, we will notify you first and give you a chance to fix the issue.
We may discontinue the Service with at least 30 days’ notice, in which case we will refund prepaid fees for the unused period.
Sections that by their nature should continue after termination, such as payment obligations, confidentiality and limitation of liability, remain in effect.
12. Disclaimers and Limitation of Liability
The Service is provided “as is” and “as available”. We work to keep it accurate and available, but we do not guarantee it will be uninterrupted or error-free, or that you will achieve any particular ranking, traffic or business result.
To the extent permitted by law, neither party is liable for indirect or consequential losses, or for lost profits, revenue or data. Each party’s total liability under these Terms is limited to the fees you paid us in the 12 months before the claim arose.
Nothing in these Terms limits liability for intent, gross negligence, fraud, or anything else that cannot be limited by law.
13. Changes to the Service and these Terms
We continuously improve the Service and may add, change or remove features. We will not make changes that materially reduce the core functionality of your paid plan during a billing period you have already paid for.
We may update these Terms. We will notify you of material changes by email or in the app at least 30 days before they take effect; changes required by law may apply sooner. If you do not agree, you may cancel before the changes take effect. Continued use after that date means you accept the updated Terms.
14. Governing Law and General Terms
These Terms are governed by the laws of the Republic of Slovenia. Disputes will be decided by the competent courts of Slovenia, after the parties have first tried to resolve them in good faith.
Neither party is liable for delays caused by events beyond its reasonable control. You may not transfer these Terms without our written consent; we may transfer them as part of a merger or sale of our business. These Terms, together with the Privacy Policy and any signed agreement or order form, are the entire agreement between us. If any provision is found invalid, the rest remain in effect, and not enforcing a provision does not waive it.
15. Contact
Kundi d.o.o., Gmajna 42a, 2380 Slovenj Gradec, Slovenia
Email for support and legal notices: [email protected]
