Learn about the guidelines for using Nightly’s services
Please read these Terms of Use outlined below carefully as they govern Your use of the Website, including the interactions between You and Our Services. By using the Website or using Our Services you agree to those Terms. We may modify this Agreement at any time without prior notice. If you do not agree to certain changes, then please stop using the Website and Our Services. Otherwise, your continued use means acceptance of any changes.
Glossary
“Akudama”, “Us”, “We” or “Our” refers to the Akudama GmbH with a registered office in Avenue des Boveresses 44, 1010 Lausanne, Switzerland.
“You”, “Your” refers to the user of Website/Services.
“Website” refers to https://nightly.app/
"Services" means the Website or mobile application of the Website and all features of Nightly Wallet, Nightly Launchpad & Marketplace and Nightly Connect that are available to you through the Website or mobile application.
"Use", "Use of the Services" refers to activities performed on the Services, including browsing, trading and interacting with other third party applications or users in any manner available on the Services
"Prohibited jurisdiction" refers to: Belarus, the Central African Republic, the Democratic Republic of Congo, the Democratic People's Republic of Korea, the Crimea region of Ukraine, Cuba, Iran, Libya, Somalia, Sudan, South Sudan, Syria, Yemen, and Zimbabwe, or any other jurisdiction where regulations prohibit the use of the Services or require a license or registration in order for the use of the Services to take place, or which is embargoed by the United States of America, the European Union or the United Kingdom.
“Laws” refers to all laws, common laws, civil laws, subordinate laws, instruments, treaties, ordinances, regulations, directives, decisions, rules, circulars, codes, orders, notices, demands, decrees, orders, resolutions, rules and judgments of any governmental, quasi-governmental, statutory, administrative or regulatory bodies, courts, agencies or associations that apply to your use of the Services.
“Politically Exposed Person” refers to an individual who is or has been entrusted with a prominent function in public office or similar, or an individual who has a close relationship with someone who is or has been entrusted with a prominent function in public office, as described in more detail in guidance provided by the FATF from time to time.
"Our Marks" means any trademarks, service marks, service or trade names, logos, trade dress and other designations of source, origin, sponsorship, certification or endorsement of Akudama GmbH or its affiliates or their respective licensors.
“Agreement” refers to this document.
The use of Website is subject to the following terms:
Website content
The information provided on the Website is intended for general information purposes only and is subject to change without prior notice. Neither we nor any third party guarantees the accuracy, timeliness, completeness, performance, or suitability of the information and materials provided on the Website for any particular purpose. It is possible that the information and materials provided may contain inaccuracies, errors or omissions, and we are not liable for such inaccuracies, errors or omissions to the fullest extent permitted by law.
Your use of the information and materials on the Website is at your own risk, and we are not responsible for any damages that may arise from your use. It is your responsibility to ensure that any products, services, or information available on this website meet your specific needs. Please remember that information and materials provided may not represent all available data and details on a subject.
The materials on the Website, including the design, layout, appearance, and graphics, are either owned by us or licensed to us. No one is authorized to use, copy, reproduce, distribute, modify, or create derivative works of these materials without our prior written consent.
Eligibility
To use the Website and Services, you must be at least 18 years old, be capable of judgment and have the legal capacity to enter into contracts. By using the Website and Services, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse to provide our Website and Services to anyone for any reason at any time.
Technical Requirements
The Website and Services may not always be available or operate on all of the devices. We also have the right to modify the Website and Services which may impact Your usage of them.
The User is responsible for providing their own device with internet access and ensuring they have the correct version of the web browser. While the Website is designed to be compatible with all major web browsers, certain features may require up-to-date browser versions. We cannot guarantee full functionality if you are using older browser versions or if your browser does not support specific modern web features.
We reserve the right to introduce measures to enhance the security of the Website, such as having Users select security images or using confirmed end devices to access Services. Details about the rules governing the use of these security measures will be provided on the Website.
Use of the Website
You agree to use the Website only for lawful purposes and in accordance with this Agreement. You are solely responsible for your use of the Website and for any content that you post, upload, or transmit through the Website.
If we suspect that you have breached these Agreement or displayed suspicious behavior indicating criminal activity, we reserve the right to temporarily or permanently suspend your account.
You are not permitted to use the Services and facilities contained on the Website if:
You, or the geographic locality in which you reside or are domiciled or located, are subject to economic sanctions by the United Nations, the United States of America, the United Kingdom or the European Union.
You and any of your affiliates are owned or controlled by a sanctioned person, or are involved in any transaction, transfer or conduct that may cause you or your affiliates to become a sanctioned person or persons.
You and each of your affiliates are politically Politically Exposed Person.
The country in which you permanently or temporarily reside prohibits the use of such Services.
You are located, registered or otherwise established in a Prohibited Jurisdiction.
You are prohibited by a court or other competent governmental authority, from using this type of Services.
You agree not to:
Attempt to hack, infiltrate, modify, reverse-engineer or disrupt the Website or any services or systems on or used by the Services or attempt to alter any of its coding.
Use the Website in any way that violates any applicable federal, state, local or international law or regulation.
Use the Website to engage in any fraudulent, abusive, or otherwise illegal activity.
Use the Website to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation.
Use the Website to upload or transmit any content that is abusive, obscene, discriminatory, insulting or threatening.
Use the Website to distribute viruses or other malicious code.
Attempt to interfere with or disrupt the Website or its servers or networks.
Use any automated system, including without limitation “robots,” “spiders”, “offline readers” or other similar systems, to access the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
Collect or harvest any personally identifiable information, including account names, from the Website.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Fees
Browsing the Website does not involve any fees. We may charge fees for some of our Services as available and reserve the right to change our fees at any time without notice. Any fees we charge will be clearly disclosed to you at the time of the transaction. We do not take any legal responsibility in the event of a price discrepancy caused by a malfunction of the Site or Our Services. In the case of a price discrepancy, please contact us at: contact@akudama.xyz with a detailed description of Your problem.
Risks and Disclaimers
You acknowledge and agree that there are risks associated with buying, selling, and trading cryptocurrencies, including but not limited to market volatility, regulatory uncertainty, and security risks. You agree to assume all risks associated with your use of our Website and Services, and you acknowledge that we are not responsible for any losses you may incur as a result of your use of our Website and Services. You also acknowledge and agree that we do not provide any investment advice or recommendations.
Indemnification
You agree to indemnify and hold us and our affiliates, officers, directors, employees, and agents harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or related to your use of our Website or Services, your breach of this Agreement, your negligence, or your violation of any applicable laws or regulations.
Intellectual Property
We, our licensors or other providers of materials, own the Website and all its content, features, and functionalities, including information, software, text, images, videos, audio, and their design, selection, and arrangement. These materials are protected by Swiss and international copyrights, trademarks, patents, trade secrets, and other intellectual property or proprietary rights.
Except for the following, you may not reproduce, distribute, modify, create derivative works, publicly display or perform, publish, download, store, or transmit any material from the Website:
Your web browser may automatically store cached files to improve display quality.
You may print or download a copy of the Website for your personal, non-commercial use, without reproducing, publishing, or distributing further.
If we provide downloadable Services, you may download a copy to your computer or mobile device for your personal, non-commercial use, provided you comply with the end-user license agreement for such applications.
Privacy
At the Website, we highly value your privacy. To better understand our privacy practices, we have a comprehensive Privacy Policy that we encourage you to read carefully. You can get acquainted with it here: https://nightly.app/privacy.
Closing statements
The Services may continue to evolve and develop and as a result, these Terms of use may change without notice to you. If any of these Terms are held to be void, invalid, unenforceable or illegal, the other provisions will not be affected, and the remainder of these terms will remain in full force and effect. If any term is found to be unenforceable, we may amend the term to provide for its intent to the extent permitted by law.
We may discontinue or terminate our Website at any time, temporarily or permanently, for all users or for some users, without any obligation to you.
This Agreement is governed by the laws of Switzerland. Any dispute related to your use of the Website or this Agreement, including disputes between you and us, will be resolved through arbitration administered by the Swiss Arbitration Association in accordance with the governing law. The seat of arbitration will be Switzerland, and the arbitration will be conducted in English. The arbitral tribunal will consist of one arbitrator, chosen by us.
Assignment
Without our prior written consent, you are not allowed to assign or transfer your rights and obligations under these Terms. If you attempt to do so without our prior written consent, it will be considered null and void.
Limitation of liability
In the maximum extent not prohibited by law, we shall not be held responsible for any type of damages, directly or indirectly resulting from or related to the use or inability to use our Services, including but not limited to damages allegedly resulting from exposure to harm or loss of login credentials or financial means, or loss or inability to restore access from recovery phrases, or for errors, omissions, interruptions, delays, defects and/or errors in the transmission of transactions or messages to any digital asset network, or the failure to send or receive any message in the intended form to the intended recipient, or for the decrease in value of any digital token or digital assets in a digital asset network. We shall not be liable under any circumstances for any lost profits or any special, incidental, indirect, consequential, or punitive damages, whether based on contract, tort, negligence, strict liability, or otherwise, arising from or related to the authorized or unauthorized use of the Services, even if we authorized representative has been informed or knew or should have known of the possibility of such damages.
We make no warranties or representations, express or implied, regarding third-party services, third parties who own or operate them, the information contained therein, the assets available through them, or the suitability, privacy, or security of their products or services. Users acknowledge and assume all risks associated with using third-party services, websites, applications, or resources, including the risk of loss of assets sold through such third-party services. Under no circumstances shall we be held responsible for any damages resulting from or related to software, products, services, and/or information offered by or obtained from third parties.