Terms and Conditions

Introduction

Welcome to Nightshade AI. These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our website, applications, and services (collectively, the "Services") operated by Nightshade AI ("we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use our Services.

Service Access and Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal or business purposes, subject to these Terms.

In using our Services, you agree:

• Not to use our Services for any illegal or unauthorized purpose
• Not to violate any laws in your jurisdiction
• Not to use our Services to distribute unsolicited commercial communications
• Not to attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our Services
• Not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure
• Not to upload or distribute any malicious code or content that could damage or disrupt our Services
• Not to collect or track personal information of other users

We reserve the right to terminate or restrict your access to our Services, without prior notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.

Account Management

When you create an account with us, you must provide accurate, complete, and up-to-date information. You are responsible for safeguarding the password and for all activities that occur under your account.

You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to disable any user account, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

Payment and Refund Terms

By purchasing any services from us, you agree to pay all fees and charges associated with your account on a timely basis. All payments are non-refundable unless otherwise specified in our Refund Policy or required by law.

We reserve the right to change our prices at any time. If we change pricing for a service you have already purchased, we will notify you a reasonable amount of time in advance.

For subscription-based services, you will be billed in advance on a recurring basis according to the billing cycle of your subscription. Subscription fees are non-refundable for the current billing period.

If you wish to cancel your subscription, you may do so at any time. However, the cancellation will take effect at the end of your current billing period, and you will not receive a refund for the current billing period.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Nightshade AI and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Nightshade AI.

You retain any and all of your rights to any content you submit, post, or display on or through the Service. By submitting, posting, or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media. This license is solely for the purpose of enabling us to provide the Service.

Limitation of Liability

In no event shall Nightshade AI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

This limitation of liability shall apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise, and whether or not we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold harmless Nightshade AI and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of law provisions.

Any disputes, actions, claims, or causes of action arising out of or in connection with these Terms or the Service shall be resolved through arbitration in accordance with the rules of Jamaica.

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at jondoescoding@proton.me.