Terms of Service

Thank you for using Nightveil.ai.

These Terms of Service ("Terms") apply to your access to and use of Nightveil.ai, including our website at https://nightveil.ai, our generative AI platform, applications, APIs, software, content, features, tools, subscriptions, credits, and related services (collectively, the "Services").

These Terms form a legal agreement between you and Nightveil.ai, KD Vassiliou Group Limited ("Nightveil.ai," "we," "our," or "us"). By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Services.

Our Privacy Policy explains how we collect, use, and protect personal data. It does not form part of these Terms, but it is an important document that you should read.

If you are a consumer located in the European Economic Area, the United Kingdom, or Switzerland, you may have mandatory legal rights that cannot be excluded or limited by these Terms. Nothing in these Terms is intended to limit those rights.

Who We Are

The Services are provided by:

Nightveil.ai / KD Vassiliou Group Limited

[Registered address — to be completed]

Email for support: [email protected]

Email for legal notices: [email protected]

Email for API and brand inquiries: [email protected]

1. Acceptance of Terms

By using the Services, you confirm that you have read, understood, and agree to these Terms.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting a notice on our website, sending an email, or displaying an in-product notice. Your continued use of the Services after the updated Terms become effective means that you accept the updated Terms.

If you do not agree to updated Terms, you must stop using the Services before they take effect.

2. Eligibility

To use the Services, you confirm that:

• a. You are at least thirteen (13) years old and have reached the minimum age required in your country to use online services without parental consent;
• b. If you are under eighteen (18), you have permission from a parent or legal guardian to use the Services;
• c. You have the legal capacity to enter into these Terms, either on your own behalf or on behalf of the organization you represent;
• d. Any information you provide to us is accurate, complete, and current; and
• e. You will use the Services only in compliance with applicable laws and these Terms.

We may restrict access to the Services where we believe use of the Services may violate applicable law, sanctions rules, export controls, child-safety requirements, consumer-protection rules, or other legal obligations.

3. User Accounts

a. Registration. You may need to create an account to access some or all of the Services. You may be required to provide an email address, use a supported third-party login provider, or use another authentication method made available by Nightveil.ai.

b. Account information. You represent that all information you submit to Nightveil.ai is true, accurate, complete, and current. You must keep your account information updated.

c. Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

d. Unauthorized use. You must notify us immediately at [email protected] if you believe your account has been accessed without authorization or if your credentials have been compromised.

e. Account sharing. You may not sell, rent, lease, share, transfer, or otherwise provide access to your account to another person unless expressly permitted by Nightveil.ai.

f. Account suspension. We may suspend or terminate accounts that violate these Terms, applicable law, or our policies.

4. The Services

Nightveil.ai provides access to generative AI tools, models, software, APIs, and related features. The Services may allow you to submit prompts, text, images, audio, video, files, documents, instructions, or other materials ("Input") and receive generated responses, images, videos, text, audio, code, or other materials ("Output"). Input and Output are collectively referred to as "Content."

The Services may include access to open-source models, proprietary models, third-party models, Nightveil.ai-hosted models, third-party infrastructure, and other third-party services. The availability, capabilities, privacy characteristics, and performance of specific models or features may vary.

5. Acceptable Use

You agree to use the Services responsibly and lawfully. You must not use the Services to:

• a. Violate any applicable law, regulation, court order, sanctions rule, export control, or third-party right;
• b. Create, upload, generate, distribute, or request unlawful, harmful, abusive, defamatory, obscene, exploitative, fraudulent, deceptive, or rights-infringing content;
• c. Create, request, or distribute content depicting or intended to depict minors in a sexualized, exploitative, abusive, or otherwise inappropriate context;
• d. Harass, threaten, defame, bully, exploit, abuse, or harm another person;
• e. Generate or distribute non-consensual intimate imagery, sexual deepfakes, or content designed to impersonate or exploit another person without consent;
• f. Violate the privacy, publicity, intellectual-property, or data-protection rights of others;
• g. Develop, facilitate, or use weapons, explosives, malware, credential theft, phishing, cyber abuse, or unauthorized access to systems;
• h. Promote or facilitate suicide, self-harm, eating disorders, or serious physical harm;
• i. Make automated decisions about individuals that may materially or legally affect them, including decisions relating to employment, credit, education, housing, insurance, healthcare, legal status, or essential services, unless you have a lawful basis and appropriate human oversight;
• j. Use Output as the sole basis for legal, medical, financial, safety-critical, or similarly important decisions;
• k. Reverse engineer, decompile, interfere with, overload, scrape, or disrupt the Services, except where such restriction is prohibited by applicable law;
• l. Circumvent usage limits, access controls, safety systems, rate limits, payment systems, or technical restrictions;
• m. Misrepresent Output as human-generated where disclosure is required by law or where the omission would be misleading;
• n. Use the Services to create or distribute illegal content, terrorist content, child sexual abuse material, or content that incites violence or hatred; or
• o. Use the Services in a way that could harm Nightveil.ai, our users, our partners, model providers, infrastructure providers, or the public.

We may update our acceptable-use rules from time to time to address new risks, legal requirements, or abuse patterns.

6. AI-Specific Rules and Disclosures

a. AI-generated Output may be inaccurate. Generative AI systems are probabilistic and may produce Output that is incorrect, incomplete, misleading, outdated, offensive, or not suitable for your intended purpose. You are responsible for reviewing and verifying Output before relying on it.

b. No professional advice. The Services are not a substitute for professional advice. You must not rely on Output as professional legal, medical, financial, tax, accounting, safety, engineering, or other expert advice.

c. Human oversight. You are responsible for applying appropriate human review and judgment before using or sharing Output, especially in sensitive, public, commercial, professional, or high-impact contexts.

d. Transparency and labelling. Where required by applicable law, you must disclose that content was generated or materially altered by AI. This may include labelling deepfakes, synthetic media, public-interest text, or other AI-generated content.

e. Prohibited and high-risk uses. You must not use the Services for prohibited AI practices or for high-risk AI uses unless you have independently determined that the use is lawful and that you can comply with all applicable obligations.

f. No biometric identification without a lawful basis. You must not use the Services to identify, authenticate, categorize, profile, or make decisions about individuals using biometric or sensitive characteristics unless expressly permitted by law and by Nightveil.ai.

g. Third-party models. Some features may send your Input to third-party model or infrastructure providers. Model privacy, retention, and availability may vary by model or feature and may be explained in the product interface, model selector, documentation, or Privacy Policy.

7. User Content

a. Your responsibility for Input. You are responsible for all Input you submit to the Services. You represent and warrant that you have all rights, permissions, consents, and legal bases necessary to submit Input and to allow Nightveil.ai and our service providers to process it for the purpose of providing the Services.

b. Ownership of Input. As between you and Nightveil.ai, you retain any rights you have in your Input.

c. Ownership of Output. Subject to applicable law, these Terms, and any third-party rights, Nightveil.ai assigns to you any rights, title, and interest we may have in Output generated for you by the Services.

d. Limitations on Output ownership. Because AI systems may generate similar or identical Output for different users, your rights in Output do not extend to Output generated for other users. Nightveil.ai does not guarantee that Output is unique, copyrightable, non-infringing, accurate, or suitable for any particular purpose.

e. Third-party rights. You are responsible for ensuring that your use, publication, commercialization, or distribution of Output does not violate third-party rights or applicable law.

f. Public sharing. If you share Output publicly or with third parties, you are responsible for that sharing and for any consequences. You should not share Output that is unlawful, misleading, confidential, private, infringing, or harmful.

8. Content Moderation, Illegal Content, and User Reports

Where required by applicable law, Nightveil.ai may provide mechanisms for users or third parties to report illegal content, rights violations, abuse, or policy violations.

You may report concerns by contacting [email protected] or using any in-product reporting tools we make available.

We may remove, restrict, disable, or refuse to generate Content if we reasonably believe it violates these Terms, applicable law, third-party rights, or our safety policies.

Where required by applicable law, we may provide affected users with a statement of reasons for certain moderation decisions and access to an internal complaint or appeal process.

We may also cooperate with competent authorities, trusted flaggers, regulators, law enforcement, or other legally authorized parties where required or permitted by law.

9. Usage Limits and Account Types

The Services may include usage limits based on account type, subscription tier, technical capacity, model availability, abuse-prevention needs, or other operational requirements.

a. No-account or demonstration access. Nightveil.ai may offer limited access to certain features without an account. This access may be restricted by daily limits, rate limits, feature limits, geographic limits, or model limits.

b. Free accounts. Nightveil.ai may offer free accounts with limited access to certain Services. Free accounts may be subject to usage caps, feature restrictions, model restrictions, queueing, or other limits. Users may not create multiple free accounts to evade usage limits.

c. Paid accounts. Nightveil.ai may offer paid subscriptions or paid features with enhanced access, higher usage limits, or additional functionality. Specific features, limits, and pricing will be described before purchase.

d. Changes to limits. We may change usage limits, available models, features, or technical restrictions from time to time. Where changes materially affect a paid subscription, we will provide notice as required by applicable law.

10. Subscriptions and Payments

a. Paid services. Certain features may require payment, including subscriptions, usage-based fees, credits, API access, or premium features.

b. Pricing. All prices, billing periods, taxes, and material payment terms will be displayed before purchase.

c. Payment authorization. By purchasing a paid Service, you authorize Nightveil.ai or our payment processor to charge your selected payment method for applicable fees, taxes, renewals, and other charges.

d. Billing information. You must provide accurate and complete billing information and keep it updated.

e. Renewals. Subscriptions may renew automatically unless cancelled before the renewal date. The renewal terms will be shown before purchase.

f. Failed payments. If a payment fails, we may suspend, downgrade, or restrict your access to paid features until payment is received.

g. Taxes. Prices may include or exclude taxes depending on your location and the checkout flow. Where required, applicable taxes will be charged.

h. Price changes. If we increase subscription prices, we will provide reasonable advance notice. The price change will apply at your next renewal unless otherwise stated. You may cancel before the new price takes effect.

11. Cancellation and Consumer Withdrawal Rights

a. Cancellation. You may cancel a paid subscription through your account settings, customer portal, app-store subscription settings, or by contacting [email protected].

b. Access after cancellation. Unless otherwise stated or required by law, cancelling a subscription stops future renewals but does not automatically refund fees already paid. You may continue to access paid features until the end of the current paid period.

c. Consumer withdrawal rights. If you are a consumer in the European Economic Area, United Kingdom, or Switzerland, you may have a statutory right to withdraw from certain online purchases within fourteen (14) days, subject to legal exceptions.

d. Digital content and immediate performance. Where permitted by law, your right of withdrawal may be lost once digital content, digital services, credits, or other paid features are fully provided, consumed, or made available for immediate use, if you expressly consented to immediate performance and acknowledged that this may affect your withdrawal right.

e. Refunds required by law. Nothing in these Terms limits any refund, cancellation, warranty, conformity, withdrawal, or consumer-protection right you have under mandatory law.

f. App-store purchases. If you purchase through an app store or third-party platform, cancellation and refund requests may be handled by that platform under its terms and applicable law.

12. Nightveil Credits

Nightveil.ai may offer a credit system ("Nightveil Credits" or "Credits") for use with certain features, including text generation, image generation, video generation, API usage, or access to certain models.

a. Acquiring Credits. You may acquire Credits through purchase, subscription benefits, promotions, grants, or other methods made available by Nightveil.ai.

b. Credit value. Credits are a limited, non-exclusive, non-transferable, revocable license to access specific features of the Services. Credits are not money, stored value, electronic money, deposits, property, securities, or financial instruments.

c. Use of Credits. Credits may be consumed when you use eligible features. Different models or features may require different numbers of Credits.

d. Expiration. Credits may expire or remain available depending on the terms shown at the time they are issued or purchased. Any applicable expiration terms will be disclosed to you.

e. Non-transferability. Credits may not be sold, transferred, assigned, exchanged, traded, or redeemed for cash unless expressly permitted by Nightveil.ai.

f. Refunds. Except where required by law, Credits are non-refundable once purchased or consumed.

g. Failed generations. If a generation fails due to a technical error, we may automatically restore the relevant Credits or provide replacement Credits. We may determine whether replacement Credits are appropriate on a case-by-case basis.

h. Changes to Credits. We may modify, suspend, or discontinue the Credit system, pricing, exchange rates, bundles, or eligible features. Where required by law, we will provide reasonable notice of material changes.

13. API Usage Terms

a. API access. Nightveil.ai may provide API access subject to these Terms, API documentation, rate limits, technical requirements, pricing terms, and any additional API-specific terms.

b. API documentation. You are responsible for reviewing and complying with Nightveil.ai's API documentation, which may be updated from time to time.

c. API keys. You are responsible for protecting API keys, tokens, credentials, and authentication methods. You must not share, sell, expose, or misuse API credentials.

d. Rate limits and restrictions. We may enforce rate limits, usage limits, model limits, safety filters, and technical restrictions.

e. Revocation. We may suspend, limit, or revoke API access if we believe you have violated these Terms, the API documentation, applicable law, our brand guidelines, or the rights of others.

f. API inquiries. For API-related questions, contact [email protected].

14. Intellectual Property

a. Nightveil.ai property. The Services, including software, interfaces, designs, models, systems, documentation, trademarks, logos, trade names, features, and technology, are owned by Nightveil.ai, our affiliates, licensors, or service providers.

b. Limited license. Subject to your compliance with these Terms, Nightveil.ai grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for lawful purposes.

c. Restrictions. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, scrape, extract, or create derivative works from the Services except as expressly permitted by these Terms or applicable law.

d. Feedback. If you provide feedback, suggestions, or ideas, you grant Nightveil.ai a perpetual, worldwide, irrevocable, royalty-free license to use them without restriction or compensation.

15. Privacy and Data Protection

Your use of the Services is subject to our Privacy Policy.

Where applicable, Nightveil.ai will process personal data in accordance with applicable data-protection laws, including European data-protection laws.

If you use the Services on behalf of an organization and submit personal data to the Services, you are responsible for ensuring that you have a lawful basis and all required notices, consents, and rights to process and submit that personal data.

If Nightveil.ai processes personal data on your behalf as a processor, separate data-processing terms may apply.

16. Third-Party Services and Models

The Services may include or rely on third-party services, software, models, infrastructure, payment processors, app stores, authentication providers, analytics providers, hosting providers, and other third-party tools.

Third-party services may be subject to their own terms and privacy policies. Nightveil.ai is not responsible for third-party services except to the extent required by applicable law.

Some model providers may process Input and Output according to model-specific terms, privacy settings, or retention practices. Where available, model privacy information may be shown in the model selector, documentation, product interface, or Privacy Policy.

17. Copyright and Intellectual-Property Complaints

If you believe that content available through the Services infringes your copyright or other intellectual-property rights, you may contact us at [email protected]. Your notice should include:

• a. Your name and contact information;
• b. A statement that you are the rights holder or authorized to act on behalf of the rights holder;
• c. A description of the work or right you claim has been infringed;
• d. A description of where the allegedly infringing material is located;
• e. A statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law; and
• f. Any additional information required by applicable law.

We may remove or disable access to allegedly infringing material and may terminate accounts of repeat infringers where appropriate.

18. Trademarks and Brand Guidelines

The Nightveil.ai name, logos, wordmarks, product names, and related brand elements ("Trademarks") are owned by Nightveil.ai or its licensors. You may not use Nightveil.ai Trademarks without our prior written permission except as permitted by law.

You must not use Nightveil.ai Trademarks in a way that:

• a. Suggests sponsorship, endorsement, partnership, or affiliation without permission;
• b. Misrepresents your relationship with Nightveil.ai;
• c. Discredits, harms, or dilutes the Nightveil.ai brand;
• d. Is misleading, unlawful, or confusing; or
• e. Appears in connection with harmful, abusive, infringing, or illegal content.

For brand-use requests, contact [email protected].

19. Disclaimers

The Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by applicable law, Nightveil.ai disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, quiet enjoyment, accuracy, availability, security, and uninterrupted operation.

We do not guarantee that:

• a. The Services will be uninterrupted, secure, error-free, or available at all times;
• b. Output will be accurate, complete, unique, lawful, non-infringing, or suitable for your purpose;
• c. Content will be preserved, recoverable, or free from loss; or
• d. The Services will meet your expectations or requirements.

Nothing in these Terms excludes or limits warranties, guarantees, or rights that cannot be excluded or limited under applicable law.

20. Limitation of Liability

To the fullest extent permitted by applicable law, Nightveil.ai and its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, business opportunity, or anticipated savings.

To the fullest extent permitted by applicable law, Nightveil.ai's total liability arising out of or relating to the Services or these Terms will not exceed the greater of:

• a. The amount you paid to Nightveil.ai for the Services giving rise to the claim in the twelve (12) months before the claim arose; or
• b. EUR 100.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, intentional misconduct, gross negligence, or any liability that cannot be excluded or limited under applicable law.

21. Indemnification

If you are using the Services on behalf of a business, organization, or other legal entity, you agree to indemnify and hold harmless Nightveil.ai, our affiliates, and our personnel from and against claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or related to:

• a. Your use of the Services;
• b. Your Content;
• c. Your violation of these Terms;
• d. Your violation of applicable law; or
• e. Your violation of third-party rights.

This indemnity does not apply to consumers where prohibited by applicable law.

22. Suspension and Termination

You may stop using the Services at any time. You may close your account through account settings or by contacting [email protected].

We may suspend, restrict, or terminate your access to the Services if we reasonably believe that:

• a. You violated these Terms;
• b. You violated applicable law;
• c. Your use creates risk or harm to Nightveil.ai, users, third parties, or the public;
• d. Your account has been compromised;
• e. We are required to do so by law or competent authority;
• f. You repeatedly infringe third-party rights; or
• g. Your use creates operational, security, legal, or reputational risk.

Where required by applicable law, we will provide notice and reasons for suspension or termination and offer available appeal options.

Upon termination, your right to use the Services will end. Sections that by their nature should survive termination will survive, including sections relating to intellectual property, Content, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and general terms.

If you have a free account that has been inactive for more than one (1) year, we may delete or deactivate it after providing reasonable notice where required by law.

23. Sanctions, Export Controls, and Restricted Regions

You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to sanctions or embargoes that prohibit your use of the Services.

You must not use, export, re-export, transfer, or make available the Services in violation of applicable sanctions, export-control, or trade laws.

We may restrict or terminate access to the Services where required to comply with sanctions, export controls, or other legal obligations.

24. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, cyberattacks, power failures, internet failures, third-party service outages, changes in law, regulatory action, or other events outside our reasonable control.

25. Governing Law and Jurisdiction

These Terms are governed by the laws of [Governing-law country — to be completed], without regard to conflict-of-law rules.

If you are a consumer located in the European Economic Area, United Kingdom, or Switzerland, you may also benefit from mandatory protections of the laws of your country of residence. Nothing in these Terms limits your right to bring claims in the courts or use dispute-resolution mechanisms available to you under mandatory consumer law.

If you are acting as a business, professional, or organization, the courts of [City and country — to be completed] will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Services, except where applicable law requires otherwise.

26. Consumer Dispute Resolution

If you have a concern, please contact us first at [email protected] so we can try to resolve it.

Consumers in the European Union may have access to national consumer-protection authorities, courts, and alternative dispute-resolution bodies.

Nothing in these Terms requires a consumer to use arbitration, waive access to courts, or waive mandatory consumer-protection rights.

27. Changes to the Services

We may add, modify, suspend, or discontinue features, models, software, APIs, subscriptions, credits, or other parts of the Services.

Where changes materially affect a paid Service, we will provide notice where required by law. If you do not agree to a material change, your remedy may be to cancel the affected paid Service, subject to any rights you have under applicable law.

28. Assignment

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

We may assign or transfer our rights and obligations under these Terms to an affiliate, subsidiary, successor, acquirer, or other entity involved in a merger, acquisition, restructuring, financing, sale of assets, or similar transaction, provided this does not reduce your mandatory legal rights.

29. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be interpreted or replaced to achieve its intended purpose to the greatest extent permitted by law.

30. No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later.

31. Entire Agreement

These Terms, together with any terms incorporated by reference, form the entire agreement between you and Nightveil.ai regarding the Services and replace any prior or contemporaneous agreements on the same subject.

32. Language

These Terms may be translated into other languages. If there is a conflict between translations, the English version will control, except where prohibited by applicable law.

33. Contact Us

For questions about these Terms, contact us at:

Nightveil.ai / KD Vassiliou Group Limited

[Registered address — to be completed]

Support: [email protected]

Legal notices: [email protected]

API and brand inquiries: [email protected]