Terms and Conditions

1. Acceptance of Terms

By accessing or using NightOwl ("Service"), operated by NightOwl ("we," "our," or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all visitors, users, and customers of NightOwl. We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes your acceptance of the revised Terms.

2. Description of Service

NightOwl is an AI-powered B2B cold outreach automation platform. The Service includes:

• AI-generated personalized email sequences for prospect outreach
• Campaign management tools for organizing prospects and tracking engagement
• Email open tracking and analytics via tracking pixels
• Automated email sending to prospect lists you configure
• Dashboard and reporting for outreach performance metrics

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Eligibility and Account Registration

3.1 Eligibility

To use NightOwl, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding agreements
• Not be prohibited from using the Service under applicable law
• Use the Service for lawful business purposes only

3.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at nightowlapp@googlegroups.com if you suspect unauthorized account access.

4. Acceptable Use Policy

4.1 Permitted Uses

NightOwl is designed for legitimate B2B sales outreach. You may use the Service to:

• Send personalized cold outreach emails to business prospects
• Manage and track outreach campaigns for your business
• Analyze campaign performance and optimize outreach strategies
• Generate AI-assisted email content for professional communication

4.2 Prohibited Uses

You must NOT use NightOwl to:

• Spam: Send unsolicited bulk email, mass marketing, or emails unrelated to legitimate B2B outreach
• Illegal Outreach: Violate CAN-SPAM, GDPR, CASL, or any applicable anti-spam or data protection law
• Harassment: Contact individuals who have opted out, unsubscribed, or requested no further contact
• Deceptive Practices: Use false identities, misleading subject lines, or deceptive content in outreach
• Malware/Phishing: Send emails containing malware, phishing links, or fraudulent content
• Illegal Products: Promote illegal goods, services, or activities
• Platform Abuse: Attempt to reverse-engineer, scrape, or disrupt the Service or its infrastructure
• Reselling: Resell or sublicense access to the Service without explicit written permission

5. Email Compliance

5.1 Your Obligations

When using NightOwl for email outreach, you agree to:

• Comply with CAN-SPAM Act, GDPR, CASL, and all other applicable email marketing laws
• Only contact prospects who are legitimate business targets with a reasonable expectation of receiving B2B outreach
• Honor all unsubscribe requests promptly and within legally required timeframes
• Accurately identify yourself and your company in all outreach emails
• Maintain an opt-out mechanism in all bulk outreach communications

5.2 Our Safeguards

NightOwl implements rate limiting (maximum 3 emails per hour, 50 per day) to encourage responsible use. However, these limits do not guarantee legal compliance — that responsibility remains with you.

5.3 Enforcement

Violation of email compliance requirements may result in immediate account suspension without refund and potential reporting to relevant authorities.

6. Intellectual Property

6.1 Our Intellectual Property

NightOwl and all associated materials — including but not limited to software, algorithms, design, branding, trademarks, and documentation — are owned by NightOwl and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our Service without explicit written permission.

6.2 Your Content

You retain ownership of all content you create or upload through the Service, including prospect data, campaign configurations, and custom email content. By using the Service, you grant NightOwl a limited, non-exclusive license to use this content solely to provide the Service to you.

6.3 AI-Generated Content

Email sequences generated by our AI are produced for your use. You are responsible for reviewing and approving AI-generated content before sending. We make no claims of ownership over AI-generated content produced on your behalf.

7. Payment and Billing

7.1 Pricing

Pricing for the Service is as displayed on our website at the time of purchase. We reserve the right to change pricing with reasonable notice. Price changes will not affect active subscription periods.

7.2 Refunds

Refunds are evaluated on a case-by-case basis. If you are dissatisfied with the Service, contact us at nightowlapp@googlegroups.com within 7 days of your purchase. We will work with you to resolve the issue or provide a refund where appropriate.

7.3 Suspension for Non-Payment

We reserve the right to suspend or terminate access to the Service for accounts with overdue payments, after providing reasonable notice.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) AI-generated content will be accurate, effective, or legally compliant; (c) outreach emails will achieve any particular result; or (d) the Service will meet your specific requirements.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTOWL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability to you for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 3 months preceding the claim.

8.3 Indemnification

You agree to indemnify and hold harmless NightOwl, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) legal claims resulting from email outreach you conducted using the Service.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us at nightowlapp@googlegroups.com. Upon termination, your access to the Service will end and your data will be retained per our Privacy Policy.

9.2 Termination by Us

We may suspend or terminate your account immediately and without notice if:

• You violate these Terms or our Acceptable Use Policy
• We receive credible reports of spamming or illegal outreach
• We are required to do so by law or legal process
• Continued service poses risk to NightOwl or other users

9.3 Effect of Termination

Upon termination: access to the Service will cease immediately; scheduled emails may not be sent; data retention will follow our Privacy Policy; and provisions of these Terms that by their nature should survive (including limitations of liability and indemnification) will remain in effect.

10. Privacy

Your use of NightOwl is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy.

11. Third-Party Services

NightOwl integrates with third-party services to deliver the Service, including AI providers, email delivery services, and database infrastructure. Your use of the Service is subject to the terms of these third parties. We are not responsible for the practices or content of third-party services.

12. Governing Law and Disputes

12.1 Governing Law

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

12.2 Dispute Resolution

In the event of a dispute, you agree to first contact us at nightowlapp@googlegroups.com to attempt informal resolution. If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that either party may seek injunctive relief in court for violations of intellectual property rights.

12.3 Class Action Waiver

You agree to resolve disputes with NightOwl on an individual basis only. You waive any right to participate in class-action lawsuits or class-wide arbitration.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last updated" date at the top of this page
• We will notify registered users by email where required by law
• Continued use of the Service after changes takes effect constitutes acceptance of the revised Terms

We encourage you to review these Terms periodically. Significant changes will be highlighted on our website.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NightOwl regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.

15. Contact Us

If you have questions about these Terms or need legal clarification, please contact us: