These Terms and Conditions (the "Terms") are an agreement between you and V.I.P. Solutions, LLC, a Florida limited liability company ("V.I.P. Solutions," "we," "us"), which operates Nightkeep at nightkeep.app and portal.nightkeep.app (the "Service"). By checking the box when you create an account or join a team, or by using the Service, you agree to these Terms. If you don't agree, don't use the Service.
By accepting these Terms, you represent and warrant that:
You must not add or connect anything that you are not authorized to have checked. You are responsible for all activity under your account and by the team members you invite, and for keeping your authorizations current. If you lose authority over a domain or account, you must remove it from the Service.
You authorize us to perform non-intrusive, external ("soft") testing of the domains, websites, and services you add, automatically on a recurring schedule and whenever you or your team request a check. This testing is limited to what any member of the public could observe, and consists of:
If you connect Microsoft 365 or Google Workspace, you also authorize us to read your account's security settings and user directory through the read-only access your administrator grants. We never read email or files and never change any settings.
We do not attempt to log in to your systems, guess passwords, exploit vulnerabilities, perform penetration testing, scan ports beyond the standard web ports, or send load or stress traffic. Our requests identify themselves as "Nightkeep-Scan." You agree that testing performed as described in this section is authorized and is not unauthorized access to any system. If your hosting, security, or IT providers require notice of third-party checks, you are responsible for giving it.
Nightkeep provides automated, point-in-time information about certain security settings. It is not a security audit, penetration test, certification, or guarantee that your systems are secure, and it will not detect every problem. Grades, findings, and recommendations are general information, not professional advice for your specific situation. The cyber insurance summary reports our automated results to help you complete an application; it is not an attestation, and your insurer decides coverage based on its own review. Decisions you make based on the Service are your own.
Every account must use two-factor authentication. Keep your password, second factors, and recovery codes confidential, and tell us promptly at hello@nightkeep.app if you believe your account has been compromised.
Each account may receive one free report, subject to the limits shown in the Service. Paid plans are billed monthly in advance. Fees are non-refundable, including for partial months, except where the law requires otherwise. We may change prices or plan features with at least 30 days' notice; the change applies from your next billing period. If a subscription lapses or is cancelled, paid features, daily monitoring, and team members' access stop until it's renewed.
Our Privacy Policy describes how we handle personal information. You retain ownership of the information you provide and the results about your systems ("Customer Data"). You grant us a license to store and process Customer Data to provide, secure, and support the Service, and to create and use de-identified, aggregated information that does not identify you or any individual, including to improve the Service. Results from connected accounts include your team members' email addresses; we keep only recent results and delete a connection's results when you disconnect it. We do not sell Customer Data. An owner can permanently delete the account and its Customer Data from the Account page, or ask us by emailing hello@nightkeep.app. After deletion we keep only records we must keep by law and a minimal record of which domains have already received a free report, to prevent abuse of the free report.
You may not use the Service to check domains or accounts you aren't authorized to check, to probe or interfere with systems you don't control, to attempt to circumvent the Service's security or usage limits, to resell or provide the Service to others without our written permission, or in violation of any law.
The Service relies on third parties such as Microsoft, Google, Cloudflare, and Microsoft Azure, and payment providers. Your use of their products is governed by their own terms. We are not responsible for their availability, changes, or actions.
The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or that it will detect every issue.
To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business, including damages arising from a security incident, even if we were advised of the possibility. Our total liability for all claims relating to the Service is limited to the fees you paid us in the three months before the event giving rise to the claim.
You will defend, indemnify, and hold harmless V.I.P. Solutions and its owners, employees, and contractors from any claims, damages, losses, and expenses, including reasonable attorneys' fees, arising from your use of the Service, your breach of these Terms, or any domain, website, or account you added or connected without proper authorization.
You may stop using the Service at any time. We may suspend or terminate your access at any time, including if we reasonably believe you have breached these Terms or lack authorization for something you added. Sections 1, 3, 6, and 9 through 14 survive termination.
We may update these Terms. We will give notice of material changes by email or in the Service, and the updated Terms apply from the date stated. Continuing to use the Service after that date means you accept them.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any dispute relating to these Terms or the Service will be resolved by binding individual arbitration in Palm Beach County, Florida, except that either party may bring an individual claim in small claims court or seek injunctive relief for misuse of intellectual property or the Service. You and we each waive the right to a jury trial and to participate in a class or representative action.
Questions about these Terms: hello@nightkeep.app.