Legal
Terms of use
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These terms cover Nightly's free preview and its paid plans: the landing page and 3 ad images we build from your answers. Seeing your page is free; it goes live on a paid plan. By sending a brief, you agree to them. Section 4 covers paying for a plan.
- Nightly is for businesses and sole traders only.
- Everything on your page comes from your answers, so it must be true and yours to use.
- AI writes and checks your page. Read it before you publish. Publishing it means you approve it.
- Your finished page is a private preview until you go live on a paid plan. We take down pages that break our rules.
- You own your page. We keep our templates and looks, and let you use them for it.
- Your private project link is the key to your project. Keep it safe.
On this page
- Who we are
- Business use only
- The free preview
- Paid plans
- Your private project link
- Your responsibilities
- AI-generated content
- The Made with Nightly badge
- Publishing, and when we take pages down
- Enquiries from your page
- Who owns what
- No promise of results
- Our liability to you
- Claims about your content
- Suspension and ending
- Changes to these terms
- Law and courts
- General
Section 1Who we are
Nightly Studio is a trading name of SeeForth Services Ltd, a company registered in England and Wales (company number 09793300). Our registered office is 3rd Floor, 86–90 Paul Street, London, EC2A 4NE, United Kingdom.
In these terms, "we" and "us" mean SeeForth Services Ltd. "You" means the business you send a brief for. If you send it for a company, you confirm you're allowed to accept these terms for it.
These terms cover the Nightly self-serve app, where you answer 8 questions and we build your page. Work you order from us on nightlystudio.com has its own terms.
Questions? Email hello@nightlystudio.com.
Section 2Business use only
Nightly is for businesses and sole traders. It isn't for personal or household use.
Before you send a brief, you tick a box to confirm you're building the page for a business or as a sole trader. By sending a brief, you also confirm you're 18 or over and allowed to act for the business.
Section 3The free preview
Seeing your page is free, and never asks for card details. The free preview currently includes:
- one landing page, written from your answers, shown to you on a private link;
- 3 ad images, 1080 × 1080 pixels, using the same words, shown with a "Preview" watermark;
- a sketch of the top of your page, usually within about a minute;
- a QA receipt with the result of each of the 40 checks, and the evidence;
- one round of changes, asked for in plain English from your project page.
The preview is private. It isn't published, it has no public web address, and enquiries typed into its form aren't delivered. Your page goes live on a paid plan (section 4).
We start building as soon as you send your brief, and aim to have your page ready in about 15 minutes. That's an aim, not a promise. Every page goes through our quality checks before you see it, and you review your page before it goes live.
We limit how many briefs we take each night, and how many can come from one email address or connection. If we're full, we'll tell you when you send your brief.
You can ask for changes from your project page. On the preview, we don't promise to make every change you ask for.
How long we keep a preview. We keep your preview for 14 days from the morning it's ready, and remind you on day 7 and day 12. After that we archive it: the page files are removed, and your answers, your images and your project are kept. For 90 days after that, going live brings it back, rebuilt from the same answers straight away. After those 90 days we may delete the project, as our privacy notice describes.
If you sent your brief before these terms took effect (the date at the top), when a free page could still be published: the offer you were given then stands for 14 days after that date. Press Publish by then and your page stays published, free, with the badge (section 8). After that, it goes live on a paid plan like any other.
The free preview may change. We may add or remove features, change the limits, or stop offering it. If a change means taking down pages that are already published, we'll email you at least 30 days before, unless we have to act sooner for legal, safety or security reasons.
Section 4Paid plans
Seeing your page never asks for card details. Your page goes live on Live, bought from your project page.
What Live includes. Live is for one page. While it's active:
- your page is live on the web, at its Nightly address or on a web address you own (below), for as long as the plan runs;
- enquiries sent through your page's form are delivered to you (section 10);
- your 3 ad images are yours to download, without the watermark;
- your page doesn't show the Made with Nightly badge;
- you can ask for up to 4 rounds of changes each calendar month;
- your page can be on a web address you own, like www.yourbusiness.co.uk, with HTTPS. The domain stays yours: you keep paying for it where you bought it, and you change its settings as your project page shows. If Live ends, that address stops pointing to your page.
Everything else in section 3 still applies: the same build, the same 40 checks, the same rules about what can go live.
Going live. When your payment clears, a finished page goes live within a minute. A page still being built goes live as soon as it's ready. An archived preview is rebuilt from your answers straight away and goes live when it's ready.
Price and VAT. Live costs £39 a month, or £390 a year, in the UK, including VAT at 20% (£32.50 plus £6.50 VAT a month, or £325 plus £65 VAT a year), or $49 a month or $490 a year outside the UK, plus any sales tax the law requires there. There's no set-up fee. Checkout shows the total before you pay. If your business is registered for VAT, you can enter your VAT number at checkout.
Paying. You pay by card (or another way checkout offers) through our payment provider, Stripe. Your first payment is taken when you subscribe. After that, Live renews automatically every month, or every year on the yearly plan, on the same day, and the same card is charged. Stripe emails you a receipt and an invoice for each payment (a VAT invoice if you're in the UK). You can switch between monthly and yearly from "Manage your plan"; Stripe works out the difference for the rest of the period you've paid for.
If a payment fails. We, through Stripe, will try again over the following two weeks, and Live keeps working meanwhile. If the last try fails, Live ends and your page goes offline.
Cancelling. You can cancel any time from "Manage your plan" on your project page. We email that link to the address on your plan. Live then carries on until the end of the month, or year, you've already paid for, and isn't renewed. Until then, you can change your mind from the same link.
Refunds. We don't refund part-months, or part-years, when you cancel. We will refund you, in full or in part, if we charged you by mistake, if we charged you twice for the same page and period, if Live didn't work as described for a significant part of the period and we couldn't fix it within a reasonable time, or if the law requires it. Write to hello@nightlystudio.com within 30 days of the payment. Refunds go back to the card you paid with.
Price changes. We may change Live's price or what it includes. We'll email you at least 30 days before a change affects you. If you don't want to carry on, you can cancel before it takes effect, and the old price applies until then.
When Live ends (because you cancelled, a payment failed, or we ended it under section 15): your page goes offline at the end of the period you've paid for. Its Nightly address says the page isn't live, and a web address you connected stops pointing to it. Your project is kept, with your answers, words and images, and you can go live again at any time from your project page. The one exception is a page that was published on the former free plan, before the date at the top of these terms: it stays published, free, with the badge, as section 8 says.
Pre-orders (Night Shift). We may let you pre-order a plan before it starts. You pay its first month now, as a one-off payment (for Night Shift, £89 in the UK, including VAT at 20%: £74.17 plus £14.83 VAT, or $109 outside the UK), and that month begins on the day the plan starts. Night Shift includes everything in Live. We tell you the date it will start by. If it hasn't started by that date, we refund you in full. Until it starts, you can cancel from your project page for a full refund. We refund it straight away, and it usually reaches your card within 5 to 10 working days. Nothing renews until the plan has started and you've chosen to carry on.
Plans that aren't on sale. The app may show other plans as "in development". You can ask to be told when they open. They aren't on sale, and we don't promise when, or whether, they'll open.
Section 5Your private project link
There are no accounts or passwords yet. When you send a brief, you get a private link to your project. That link is the key to it.
Anyone with the link can see your project, put your page live, ask for changes and read the enquiries sent through your page. So treat it like a password. You can share it with people you trust to act for your business, but you're responsible for what's done with it.
If you think someone has your link who shouldn't, email us. We can take your page down or delete your project.
Anyone with your project link can see your project and ask for changes, but they can't see or change your payments. "Manage your plan" emails a link to the address on your plan, and only that link opens your billing (Stripe's customer portal).
Section 6Your responsibilities
Every line on your page comes from your answers. That makes you responsible for what it says. You agree that:
- the facts, offers and prices in your brief are true, and if one stops being true, you'll ask for a change or ask us to take the page down;
- any reviews you give us are real, from real customers, and you have permission to use them;
- you have the right to use everything you give us, including names, words and any website you point us to;
- you'll honour what your page offers, such as prices, free first steps, guarantees and deadlines;
- you'll follow the laws and rules that apply to your business and your advertising, including consumer protection law, the UK advertising codes and the rules of any ad platform you use;
- you'll follow our acceptable use policy.
We screen briefs and check pages, but that doesn't make us responsible for the truth of what you tell us.
Section 7AI-generated content
AI builds your page and ads. One AI agent writes the page from your answers. A second AI agent, with code checks and a real browser, tests it against 40 checks before you see it.
The build agent may only use your answers. Every line must trace back to your own words, and we never add reviews, numbers or testimonials you didn't give us.
AI can still get things wrong. A line can match your words and still read the wrong way, or leave out something that matters in your trade. The checks catch many mistakes, but not all of them.
Check your page and ads before you publish or use them. Read every line. When you press Publish, or use an ad image, you approve it as it is. From then on, it's your page, published under your business name.
If a law or an ad platform asks you to label content as AI-generated, you'll do that.
A website whose look you like. If you give us one, we use it for direction only: its mood, colours and type feel. Your page is original. We never copy its words, images, logo, layout or code, and we won't make a page that could be mistaken for another business. You confirm this with a tick box. Only name a site you're happy for us to take inspiration from.
Your current website. If you paste it in, we read that public page to draft your answers. You check every answer before you send the brief.
Section 8The Made with Nightly badge
Pages published on the former free plan, before the date at the top of these terms, show a small "Made with Nightly" badge, with a link to Nightly and a "Report this page" link. No page that goes live after that date shows it.
Where the badge shows, don't hide, cover or remove it, or try to get around it. It's part of how that free page works, and the report link helps keep every page safe.
Pages on Live don't show the badge. If Live ends on a page that was published free before that date, the badge comes back.
Section 9Publishing, and when we take pages down
Your page goes live only when you press Publish or your payment for Live clears, only after it has passed its checks, and only on an active plan (or under the free offer section 3 keeps for briefs sent before these terms took effect).
We may refuse a brief, stop a page being published, or take a page down if:
- it breaks these terms or our acceptable use policy;
- we get a valid report about it;
- the law, a court or a regulator requires it; or
- it puts visitors, other users or our domains at risk.
We aim to take down a page that breaks our acceptable use policy within 4 hours of a valid report.
Where we can, we'll email you to say why. We may not, if the law stops us or if telling you would help a scam. If you think we got it wrong, reply to that email and a person will look again.
Section 10Enquiries from your page
If you don't give us a booking link, your page gets an enquiry form asking for a name, email address and message. We store the entries for you, and you can read them on your project page. The form passes messages to you. It doesn't book, reserve or confirm anything.
Under UK data protection law, you're the controller of those entries and we're your processor. The data processing terms in our privacy notice apply, and form part of these terms.
Use enquiries to reply to the person and deal with their request. Don't add them to a marketing list unless you have the consent the law requires.
Section 11Who owns what
- Your words. You own the copy in your brief.
- Your page and ads. You own the generated page and ad images, including their words. Any rights we hold in them pass to you when they're made.
- Our templates and looks. Your page is built on our template, one of our looks, our code and the Nightly badge. We keep those. We give you a free, non-exclusive licence to use them as part of your page and ads, for your business, for as long as you use the page. You can't copy them to build other pages, or sell them.
- Fonts. Fonts come from Google Fonts, under their own open licences.
You give us permission to use your brief, and anything else you give us, to build, check, host and show your page and ads, to screen for abuse, and to keep the records our privacy notice describes. We won't feature your page in our own marketing without asking you first. We don't use your brief or your page to train AI models.
If you send us feedback or ideas, we can use them freely.
Section 12No promise of results
We build your page and ads with reasonable care and skill. We don't promise they'll bring you visitors, enquiries, sales or a search ranking, or that an ad platform will accept your ads.
The free preview is provided as it is. We don't promise it will always be available or free of errors. We may pause it to fix or improve things, or when we're at capacity.
Apart from what these terms say, we make no other promises about Nightly, as far as the law allows.
Section 13Our liability to you
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law doesn't allow us to limit.
Apart from that, and as far as the law allows:
- we're not liable for loss of profit, revenue, sales or business; loss of goodwill or reputation; wasted ad spend or time; loss or corruption of data; or any indirect or consequential loss;
- we're not liable for loss caused by what you gave us, by your decision to publish, or by how you use your page and ads;
- our total liability to you for everything to do with Nightly, in any 12-month period, is limited to the greater of £100 and the amount you paid us in that period.
These limits apply however a claim arises, including in contract, negligence or breach of statutory duty.
Section 14Claims about your content
If someone makes a claim against us because of what you gave us, something your page says, or how you use your page or ads, you'll cover our reasonable losses and costs from that claim, including reasonable legal fees. We'll tell you about the claim promptly and let you have a say in how it's handled.
Section 15Suspension and ending
You can stop using Nightly at any time. To take your page down or delete your project, email us from the address on your project.
We may suspend your project, take your page down, or stop accepting briefs from you, if you break these terms or our acceptable use policy, or if we reasonably suspect fraud or abuse. We may also end the free preview, as section 3 explains.
When your use ends, your page comes down, and we delete your data as our privacy notice describes. Sections 10, 13, 14, 17 and 18 still apply after that.
Section 16Changes to these terms
We may update these terms, for example when we add accounts or new plans. The date at the top shows when they last changed.
If a change is significant, we'll email you at least 14 days before it applies. If you keep using Nightly after that, the new terms apply. If you don't agree, stop using Nightly and ask us to take your page down.
We may make a change straight away if the law requires it, or to deal with abuse or a security risk.
Section 17Law and courts
These terms are governed by the law of England and Wales. Only the courts of England and Wales can decide disputes about them.
If something goes wrong, please email us first. Most problems are quicker to sort out that way.
Section 18General
- These terms, our acceptable use policy and our privacy notice are the whole agreement between us about Nightly's free preview and paid plans.
- If a court decides part of these terms can't be enforced, the rest still applies.
- If we don't enforce a right straight away, we can still enforce it later.
- Only you and we have rights under these terms. Nobody else can enforce them.
- We may transfer these terms to a business that takes over Nightly, and we'll tell you if we do. You need our written agreement to transfer them.
- We're not responsible for delays or failures caused by events outside our reasonable control, such as an outage at a provider we rely on.