Terms of Service

Effective date: [DD Month YYYY when published]
Last updated: [DD Month YYYY]

1. About these terms

These terms ("Terms") govern your use of NightDraft. NightDraft is operated by Freddie Chambers ("NightDraft", "we", "us"). By connecting a Google account to NightDraft or using nightdraft.com you agree to these Terms. If you are agreeing on behalf of a business, you confirm you have the authority to do so.

These Terms work alongside our Privacy Policy at nightdraft.com/privacy.

2. What NightDraft does

NightDraft reads inbound emails arriving at a connected Gmail mailbox and creates draft replies in the same mailbox's Drafts folder. The drafts are written in the owner's voice using a configurable playbook. The owner reviews and sends. NightDraft cannot and does not send emails on the owner's behalf.

3. Eligibility

To use NightDraft you must:

• Be at least 18 years old
• Have the authority to connect the Gmail account you are connecting (i.e. own it, or be an authorised administrator)
• Use NightDraft for lawful business purposes

NightDraft is intended for restaurant and hospitality businesses but is available to other businesses on the same terms.

4. Your account

When you connect a Gmail account to NightDraft, you grant us the OAuth scopes described in our Privacy Policy. You can revoke those scopes at any time via your Google Account.

You are responsible for keeping your Google account secure. If you believe your NightDraft connection has been compromised, email security@nightdraft.com immediately and revoke the connection from your Google Account.

5. Acceptable use

You agree not to:

• Use NightDraft to send unsolicited bulk email ("spam"), phishing messages, or any communication prohibited by the CAN-SPAM Act, UK PECR, EU ePrivacy Directive, or equivalent local law
• Use NightDraft to draft replies that infringe a third party's rights, including intellectual property, privacy, or publicity rights
• Use NightDraft to draft replies that are unlawful, defamatory, harassing, or hateful
• Reverse engineer, decompile, scrape, or otherwise attempt to extract NightDraft's source code, AI prompts, or playbook templates
• Use NightDraft to compete with NightDraft (i.e. building a substantially similar service using NightDraft's own outputs)
• Resell, sublicense, or repackage NightDraft to third parties without our written consent
• Connect a Google account you do not own or are not authorised to connect
• Use NightDraft in a way that would breach Google's API Services User Data Policy or our Privacy Policy

We may suspend or terminate access if we have reasonable grounds to believe you have breached these clauses. Material breaches may result in immediate termination without refund.

6. Content ownership

You own all content in your Gmail account, including emails sent to you, drafts NightDraft creates for you, and your final sent replies. NightDraft claims no ownership of any of this content.

You grant NightDraft a limited, non-exclusive licence to access, transmit, process, store, and otherwise use your Gmail content solely to provide the NightDraft service to you, as described in our Privacy Policy. This licence ends when you revoke OAuth consent.

NightDraft owns its software, its playbook architecture, its voice templates (insofar as they are NightDraft-supplied defaults rather than your specific customisations), its scoring and verification logic, and the nightdraft.com website and its content. You do not acquire any ownership of these by using the service.

7. AI-generated content

NightDraft uses AI (specifically Anthropic's Claude API) to draft replies. AI-generated text is provided to you as a starting point. You review and send the final reply. By using NightDraft you acknowledge:

• AI may occasionally generate inaccurate, off-tone, or otherwise unsuitable text. You are responsible for reviewing every draft before sending.
• We do not guarantee the suitability, accuracy, or completeness of any draft.
• You are the legal sender of any reply you send. NightDraft is the tool that helps you draft it.

If a draft contains material errors (wrong price, wrong date, hallucinated information), please flag it to us at hello@nightdraft.com so we can improve the playbook.

8. Pricing and payment

NightDraft's pricing model is documented at nightdraft.com/pricing. Pricing for the design-partner pilot phase is set per customer. For paid subscriptions, fees are billed monthly in advance unless otherwise stated. You authorise us to charge your chosen payment method on each billing date.

Refunds: at our discretion, we will refund prorated fees for the month if you cancel within the first 30 days of a new subscription. After 30 days, fees are non-refundable.

Late payment: if a payment fails, we may suspend access after 7 days' notice. Persistent non-payment results in termination.

9. Service availability

We aim for high availability but do not guarantee uptime. NightDraft depends on Google APIs and Anthropic APIs - if either provider has an outage, NightDraft will be affected.

Scheduled maintenance will be announced where possible. Emergency maintenance may happen without notice.

The service may evolve. We may add features, change features, deprecate features, or change the underlying architecture. Material changes that reduce the service will be announced in advance.

10. Limitation of liability

To the maximum extent permitted by law:

• NightDraft is provided "as is" and "as available". We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We are not liable for: indirect, consequential, incidental, special, or punitive damages; loss of profits, revenue, customers, goodwill, or data; failures caused by third-party services (Google, Anthropic, Vercel, your own infrastructure); content errors in AI-generated drafts that you sent without review.
• Our aggregate liability to you for any claim relating to the service is capped at the greater of (a) £100 or (b) the fees you paid us in the 12 months preceding the claim.

Nothing in these Terms limits liability that cannot lawfully be limited (death, personal injury caused by negligence, fraud, fraudulent misrepresentation).

11. Indemnification

You agree to indemnify and hold NightDraft harmless from claims arising out of:

• Your breach of these Terms or our Privacy Policy
• Your use of NightDraft in a way that breaches applicable law
• Content you sent (including replies drafted by NightDraft that you reviewed and sent)
• A third party's claim that your use of NightDraft infringed their rights

We will defend ourselves and may seek your assistance and reasonable costs.

12. Termination

You may terminate at any time by revoking OAuth consent at your Google Account and emailing hello@nightdraft.com.

We may terminate immediately for material breach (per section 5) or for non-payment (per section 8) or with 30 days' notice for any other reason.

On termination:

• Your access to NightDraft ends
• We delete stored Gmail content per the retention windows in our Privacy Policy
• Sections 6, 7, 10, 11, 14 of these Terms survive termination

13. Changes to these terms

We may update these Terms. Material changes will be announced by email to active customers at least 30 days before they take effect. Continued use after the effective date constitutes acceptance. The current version is always at nightdraft.com/terms with a "Last updated" date.

14. Governing law and disputes

These Terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the service.

Before issuing proceedings, both parties agree to use reasonable efforts to resolve disputes through good-faith discussion, including any escalation procedure we agree in writing.

15. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and NightDraft regarding the service. They supersede any prior agreement or representation.
• Severability. If any clause is held unenforceable, the rest of the Terms remain in effect.
• No waiver. Failure to enforce a right is not a waiver.
• Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms (including in a merger or acquisition); the new owner will be bound by them.
• Notices. We may notify you by the email address you connected. You can reach us at hello@nightdraft.com.
• No agency. These Terms do not create an agency, partnership, joint venture, or employment relationship.

16. Contact

NightDraft
[postal address - to be added when business address registered]
United Kingdom

Email: hello@nightdraft.com (general)
Email: privacy@nightdraft.com (privacy)
Email: security@nightdraft.com (security)