Terms of Service

Last updated: January 2, 2025

1. Acceptance of Terms

By accessing or using the Night House website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

Night House provides software development services, including but not limited to iOS app development, web application development, backend systems, and related consulting services. The specific scope of services will be defined in separate agreements or statements of work.

3. Use of Website

Permitted Use

You may use our website for lawful purposes only. You agree not to:

  • Use the website in any way that violates any applicable law or regulation
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the website or servers
  • Use automated systems to access the website without permission
  • Transmit any malicious code, viruses, or harmful materials

4. Intellectual Property

Our Content

All content on this website, including text, graphics, logos, images, and software, is the property of Night House or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Client Work

Unless otherwise agreed in writing, intellectual property rights for custom work developed for clients will be transferred to the client upon full payment. Night House retains the right to use generic code, frameworks, and methodologies developed during the project for other purposes.

5. Service Agreements

Specific project terms, including scope, deliverables, timelines, and payment terms, will be outlined in separate agreements or statements of work. In case of conflict between these Terms and a specific agreement, the specific agreement will prevail.

6. Payment Terms

Payment terms will be specified in project agreements. Generally:

  • Payment schedules and milestones will be defined per project
  • Late payments may incur interest charges or project delays
  • Final deliverables may be withheld until full payment is received

7. Confidentiality

We respect the confidentiality of client information and project details. We will not disclose confidential information without permission, except as required by law. Mutual non-disclosure agreements may be executed for sensitive projects.

8. Warranties and Disclaimers

Limited Warranty

We warrant that services will be performed in a professional and workmanlike manner. Specific warranties for deliverables will be outlined in project agreements.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHT HOUSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

10. Termination

Either party may terminate a service agreement as specified in the agreement. Upon termination, you must pay for all work completed up to the termination date. We reserve the right to terminate access to our website for violations of these Terms.

11. Indemnification

You agree to indemnify and hold Night House harmless from any claims, damages, losses, liabilities, and expenses arising from your use of our Services or violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the appropriate courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on this page with a new "Last updated" date. Your continued use of our Services after changes constitutes acceptance of the modified Terms.

14. Severability

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

15. Entire Agreement

These Terms, together with any specific project agreements, constitute the entire agreement between you and Night House regarding the use of our Services.

16. Contact Information

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