Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website located at nightspark.ai (the “Site”) and all associated AI-powered tools, features, and services (collectively, the “Services”) operated by NightSpark (“NightSpark,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

1. Eligibility

You must be at least 13 years of age to use the Services. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet these eligibility requirements.

2. Description of Services

NightSpark provides a collection of AI-powered tools that allow users to generate text-based content, including but not limited to legal documents, marketing copy, summaries, and other written materials. The Services utilize multiple third-party artificial intelligence model providers to process user inputs and produce generated outputs.

3. AI-Generated Content — No Professional Advice

ALL CONTENT GENERATED BY THE SERVICES IS PRODUCED BY ARTIFICIAL INTELLIGENCE AND IS PROVIDED ON AN “AS IS” BASIS FOR GENERAL INFORMATIONAL PURPOSES ONLY.

You expressly acknowledge and agree that:

• AI-generated outputs do not constitute legal, financial, medical, tax, professional, or any other form of advice. You should not rely upon any generated content as a substitute for professional consultation with qualified experts.
• AI-generated content may contain errors, inaccuracies, omissions, outdated information, or misleading statements. Artificial intelligence models are inherently probabilistic and may produce content that is factually incorrect, internally inconsistent, or otherwise unreliable.
• NightSpark makes no representations or warranties regarding the accuracy, completeness, reliability, suitability, timeliness, or fitness for any particular purpose of any content generated through the Services.
• You are solely responsible for evaluating, verifying, and determining the appropriateness of any AI-generated content before using, relying upon, or distributing it. Any use of generated content is entirely at your own risk.
• NightSpark is not responsible or liable for any decisions, actions, or consequences arising from your use of or reliance upon AI-generated content.

4. User Accounts and Credits

Certain features of the Services may require you to create an account or sign in through Google OAuth. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. The Services may operate on a credit-based system, where credits are consumed when generating content. Credit balances, pricing, and allocation are determined at our sole discretion and may change at any time without prior notice.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable local, state, national, or international law or regulation;
• Generate content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Generate content intended to deceive, defraud, or mislead any person;
• Infringe or misappropriate any intellectual property rights or other proprietary rights of any third party;
• Attempt to circumvent, disable, or interfere with any security features of the Services;
• Use the Services to develop competing products or services;
• Use automated means (bots, scrapers, or similar) to access or interact with the Services in a manner that exceeds reasonable usage or places undue burden on our infrastructure;
• Submit sensitive personal data, protected health information, or confidential trade secrets through the Services.

We reserve the right to suspend or terminate your access to the Services at any time, without notice, for any violation of these Terms or for any other reason at our sole discretion.

6. Intellectual Property

6.1 Our Intellectual Property

The Site, its design, layout, look and feel, and all content, trademarks, service marks, logos, and other intellectual property displayed on or through the Services (excluding AI-generated outputs and user-submitted content) are owned by or licensed to NightSpark and are protected by applicable intellectual property laws.

6.2 AI-Generated Outputs

As between you and NightSpark, you may use AI-generated outputs for your own personal or commercial purposes, subject to these Terms. However, NightSpark makes no representations regarding your ownership rights in AI-generated content, and the intellectual property status of AI-generated content may be subject to evolving legal standards. You are solely responsible for ensuring your use of generated content complies with applicable law.

6.3 User Content

You retain ownership of the content you submit to the Services. By submitting content, you grant NightSpark a non-exclusive, royalty-free, worldwide license to use, process, and transmit such content solely for the purpose of providing and improving the Services.

7. Third-Party AI Providers

The Services rely on multiple third-party artificial intelligence model providers to generate content. These providers operate under their own terms of service and privacy policies. NightSpark does not guarantee the availability, performance, or output quality of any particular model or provider. We reserve the right to change, add, or remove model providers at any time without notice.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NIGHTSPARK DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (D) AI-GENERATED CONTENT WILL BE FREE FROM ERRORS, INACCURACIES, OR HARMFUL CONTENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIGHTSPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY AI-GENERATED CONTENT, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NIGHTSPARK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIGHTSPARK’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO NIGHTSPARK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless NightSpark and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your use of the Services; (b) your violation of these Terms; (c) your use of any AI-generated content; or (d) your violation of any rights of any third party.

11. Modifications to the Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you. We may also modify these Terms at any time by posting the revised Terms on the Site and updating the “Effective Date.” Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NightSpark with respect to the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and NightSpark regarding the Services.

15. Contact Us

If you have any questions about these Terms, please contact us at:

NightSpark
Email: legal@nightspark.ai