Terms of Service

Agreement and company identity

These Terms of Service (“Terms”) govern your access to and use of nightnationalcorp.com, our first-party accounts and client portal, and general platform features (collectively, the “Site”). Night National Corp. is a brand operated by DesKript INC, an Illinois corporation. In these Terms, “Night National Corp.,” “we,” “our,” and “us” refer to DesKript INC.

By accessing or using the public Site, you agree to the Site-use provisions in these Terms and acknowledge our Privacy Policy. Mere browsing does not create a paid engagement, authorize a charge, or replace a signed Client Agreement. Company-owner registration, acceptance of an account invitation, invoice payment, and support-subscription enrollment each require a separate affirmative action through the applicable first-party or Stripe-hosted flow. If you do not agree, do not use the Site. If you act for an organization, you represent that you have authority to do so. Our services and accounts are intended for business and professional users who are at least 18 years old or the age of legal majority where they live.

Nothing in these Terms limits a right or remedy that applicable law does not permit the parties to waive.

Services and contract hierarchy

We provide technology products and professional services that may include custom software, websites and web applications, AI agents and integrations, workflow automation, systems integration, implementation, maintenance, and support. Site descriptions, examples, estimates, timelines, and past outcomes are general information. They are not a binding offer and do not guarantee feasibility, price, schedule, performance, savings, revenue, ranking, regulatory approval, or any other result.

A paid engagement is governed by the authorized written documents for that engagement, such as a master services agreement, proposal, statement of work, order form, change order, data-processing agreement, or support schedule (each, a “Client Agreement”). A Client Agreement defines project-specific scope, assumptions, dependencies, deliverables, acceptance, fees, intellectual-property rights, service levels, and remedies. If these Terms conflict with a signed Client Agreement, the signed Client Agreement controls for the services it covers. A project brief, inquiry, estimate, invoice, company-account registration, or account invitation does not by itself require either party to begin a project.

Accounts and security

A person authorized to act for a company may request a company-owner account by providing accurate registration information, affirmatively accepting the current Terms and Privacy Policy, and verifying control of the submitted email address. The organization and owner membership are activated only after successful email verification. Other users require a valid, email-bound invitation from an authorized organization owner or administrator.

Organization owners are responsible for inviting and removing their client members and for assigning each member only the projects that person is authorized to access. Organization-wide invoices and payment records are available only to an authorized organization owner or administrator; a client member receives only explicitly assigned project access. You may not access another organization’s or user’s projects, invoices, messages, support records, or files, and you may not bypass role, membership, invitation, session, or other access controls.

You must protect your credentials and promptly notify support@nightnationalcorp.com if you suspect unauthorized access. An account is for its authorized user and may not be shared unless the applicable Client Agreement expressly permits a managed shared workflow.

Acceptable use

You may use the Site only for lawful purposes and in a way that does not infringe the rights of others or interfere with their use of the Site. You may not introduce malicious code; send unlawful, abusive, deceptive, or infringing material; commit or facilitate fraud; impersonate another person; probe, scan, or test systems without written authorization; evade security or rate limits; disrupt the service; abuse billing workflows; scrape or automate access without our written permission; or use information obtained through the Site for an unauthorized purpose.

We may investigate suspected misuse and proportionately restrict or suspend access when reasonably necessary to protect users, data, the service, or legal compliance. We will provide notice and a reasonable opportunity to address the issue when practicable, unless immediate action is needed for security, safety, legal process, or prevention of harm.

Client materials and submissions

You retain ownership of information, files, data, instructions, feedback, and other materials you submit (“Client Materials”). You grant us a limited, non-exclusive license to host, copy, process, transmit, display, and use Client Materials only as reasonably necessary to respond to your request, operate and secure the Site, perform an authorized Client Agreement, and meet legal obligations.

You represent that you have the rights, permissions, and lawful instructions needed for Client Materials and connected systems. Do not submit malware or regulated, highly sensitive, or third-party information unless a Client Agreement expressly permits it and the agreed safeguards are in place. Personal information is handled under our Privacy Policy and any applicable data-processing agreement.

Answers from the Site’s FAQ assistant are general information and do not create a proposal, warranty, professional opinion, or change to a Client Agreement. The ordinary FAQ interaction remains in your browser; an explicit request for human follow-up sends only the fields you choose to submit, as described in the Privacy Policy.

AI and automated systems

AI and automated systems may produce incomplete, inaccurate, or unexpected output. Appropriate human review, testing, monitoring, and access controls are required for the intended use. Unless a signed Client Agreement expressly assigns a responsibility to us, you are responsible for deciding whether output is suitable before using it for legal, financial, medical, employment, safety-critical, or other high-impact decisions.

Site content and automated responses are not legal, tax, accounting, medical, or financial advice.

Fees and payment

Fees, deposits, milestones, recurring charges, taxes, approved third-party costs, due dates, and payment schedules are stated in the applicable Client Agreement or authorized invoice. Stripe processes the payment methods it makes available through its hosted interfaces. DesKript INC is the provider of Night National Corp. services; Stripe acts as the payment processor unless a checkout page expressly states a different arrangement.

Our Payment and Refund Policy describes the Site’s billing process. Payment does not expand project scope or constitute acceptance of a deliverable unless the Client Agreement expressly provides otherwise.

Intellectual property

The Site and its text, graphics, interfaces, software, logos, and other content are owned by or licensed to DesKript INC and are protected by applicable intellectual-property laws. Except as allowed by law, you may not reproduce, distribute, modify, create derivative works from, publicly display, sell, license, or exploit Site content without our prior written permission.

Each party retains materials, software, data, marks, methods, and intellectual property it owned or developed independently of an engagement. Ownership and license rights in project deliverables, pre-existing tools, reusable components, feedback, and improvements are determined only by the applicable Client Agreement. Open-source and third-party components remain subject to their own licenses and terms.

Third-party services and links

The Site and client work may interoperate with services provided by Stripe, Cloudflare, or vendors selected or approved for an engagement. Third-party services are governed by their own terms and privacy practices, and their availability may change. A link or integration does not make us responsible for a third party’s independent products, content, security, or conduct. A Client Agreement may allocate additional responsibilities for a specific integration.

Availability and disclaimers

Except for express commitments in a signed Client Agreement, the Site and its general platform features are provided “as is” and “as available” to the fullest extent permitted by law. We do not warrant that the Site will always be available, uninterrupted, error-free, or free of every harmful component, or that general Site content is complete for every purpose.

Project warranties, service levels, maintenance commitments, remedies, and acceptance standards exist only when stated in a signed Client Agreement. We do not disclaim any warranty or responsibility that applicable law does not allow us to disclaim.

Limitation of liability

To the fullest extent permitted by applicable law, DesKript INC and its officers, directors, employees, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or loss of profits, revenue, goodwill, use, or data, arising solely from access to or use of the public Site or inability to use it. This exclusion does not apply where the law prohibits it.

Liability, exclusions, caps, indemnities, insurance duties, and exclusive remedies for paid client work are governed by the applicable signed Client Agreement. Nothing in these Terms excludes liability for fraud, willful misconduct, or another matter that cannot lawfully be excluded or limited.

Suspension and termination

You may stop using the public Site at any time. Account access or paid services may be suspended or terminated for material breach, unlawful use, security risk, or nonpayment, subject to any notice and cure period in the applicable Client Agreement or required by law. Termination does not erase payment obligations already incurred.

Data return, transition assistance, continuing licenses, confidentiality, retention, and deletion after a client engagement ends are governed by the Client Agreement and Privacy Policy.

Governing law and disputes

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules, except where mandatory law requires otherwise. Subject to any valid dispute provision in a signed Client Agreement, disputes arising from these Terms or use of the Site will be brought in a state or federal court of competent jurisdiction in Illinois. Nothing prevents either party from seeking emergency injunctive relief in a court with jurisdiction or using an eligible small-claims forum.

Changes, general terms, and contact

We may revise these Terms prospectively by posting the revised version and updating the effective date. We will provide additional notice or obtain new consent when required by law or when a change materially affects an existing paid service. A website update does not retroactively change a signed Client Agreement.

If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a lawful reorganization, financing, merger, acquisition, or transfer of the relevant business, subject to applicable law.

Questions about these Terms may be sent to nightnationalcorp@nightnationalcorp.com. Support requests may be sent to support@nightnationalcorp.com, and billing or cancellation requests may be sent to billing@nightnationalcorp.com. Formal notices for a paid engagement must follow the notice provision in the applicable Client Agreement.