Nightcrew

Legal

Terms of Service

Last updated: July 23, 2026

1. Acceptance of Terms

By accessing or using Nightcrew ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Nightcrew ("Company," "we," "us," or "our").

We may update these Terms from time to time. Material changes will be communicated through the Service or by email. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

2. Description of Service

Nightcrew is an automation-beta service that organizes coding work into task cards and can turn approved cards into draft GitHub pull requests. Automation runs only after the required readiness checks pass and a user authorizes a card. The Service provides:

  • Task Cards: Create, manage, and track work on shared boards.
  • Planning: Refine cards without starting a run.
  • Automation: Run approved tasks when runner, model, webhook, billing, and repository settings are ready.
  • GitHub: Connect accounts and repositories.
  • Card Builder: Draft better task specs.
  • Progress: Track runs and stages.
  • Teams: Share boards and invites.
  • MCP (Model Context Protocol): Programmatic access to card management via API.

Repository cloning, code execution, and pull request publishing happen only when automation is configured and a task is approved.

3. User Accounts and Registration

To use the Service, you must create an account by providing accurate and complete information. You may register via:

  • GitHub OAuth authentication
  • Google OAuth authentication
  • Email and password registration

You are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • All activity that occurs under your account.
  • Promptly notifying us of any unauthorized access or security breach.
  • Ensuring your account information remains accurate and current.

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms or that pose a security risk.

4. GitHub Integration and Repository Access

The Service can use GitHub repositories for planning cards and, after automation is configured, for runner workflows. By connecting a GitHub account or repository, you grant Nightcrew the permissions you choose during setup, which may include:

  • Read access to repository contents, issues, and metadata necessary for planning and configured task execution.
  • Write access to create branches, push code changes, and open pull requests when automation is configured and authorized.
  • Access to commit status and check run APIs for verification workflows.

Repository Cloning: Saving or connecting a repository does not start code execution. After access and readiness checks pass, Nightcrew may clone repositories into ephemeral Docker containers to execute authorized coding tasks. Clones are destroyed after task completion or failure.

Code Execution: AI coding agents run only after automation setup is complete and a task is authorized for execution. Generated changes are published as pull requests for your review; no changes are pushed directly to your default branch without explicit configuration.

GitHub App: If you install the Nightcrew GitHub App, it operates under the permissions you grant during installation, which are limited to the scopes described in the app listing.

You are solely responsible for the repositories you connect and the tasks you authorize the Service to execute against them.

5. Subscription and Billing

Nightcrew offers paid subscription plans processed through Stripe. By subscribing, you agree to:

  • Recurring Charges: Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan) until cancelled.
  • Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
  • Payment Method: You authorize Stripe to charge your designated payment method for all fees incurred under your subscription.
  • Taxes: You are responsible for any applicable taxes, duties, or levies imposed by taxing authorities in your jurisdiction.
  • Refunds: Subscription fees are non-refundable except as required by applicable law or as expressly stated in these Terms.
  • Cancellation: You may cancel your subscription at any time through the billing settings. Cancellation takes effect at the end of the current billing period.

We reserve the right to change subscription pricing with reasonable advance notice. Price changes will take effect at the start of your next billing period.

6. AI-Generated Code and Intellectual Property

Your Code: You retain all ownership rights to your existing source code, repositories, and related intellectual property. Nightcrew does not claim any ownership over your code.

AI-Generated Code: Code generated by AI coding agents through the Service is produced in your connected repositories. Subject to the licenses of the underlying AI providers and any applicable open-source licenses in your repository, you own the output generated for your tasks.

Service Technology: Nightcrew's platform, software, algorithms, user interface, and documentation are owned by us and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, worldwide, royalty-free license to use such feedback for any purpose without obligation to you.

7. User Responsibilities and Acceptable Use

You agree not to use the Service to:

  • Generate, store, or transmit code that violates applicable laws or regulations.
  • Create malicious software, exploit vulnerabilities, or conduct unauthorized security testing.
  • Attempt to gain unauthorized access to any systems, networks, or data not belonging to you.
  • Reverse engineer, decompile, or attempt to extract the source code of the Service or its AI models.
  • Use the Service to develop competing products or services.
  • Interfere with, disrupt, or overload the Service or its infrastructure.
  • Circumvent usage limits, rate limits, or subscription restrictions.
  • Share account credentials with unauthorized third parties.
  • Use the Service for illegal purposes or in connection with illegal activities.
  • Transmit harmful code, viruses, or other malicious content through connected repositories.

You are responsible for ensuring that all tasks you submit comply with applicable laws and the terms of service of your connected GitHub repositories.

8. Service Availability and Uptime

We strive to maintain reliable service availability, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to:

  • Scheduled maintenance windows.
  • Emergency maintenance or security incidents.
  • Third-party service outages (GitHub, AI providers, infrastructure providers).
  • Force majeure events beyond our reasonable control.

We will make reasonable efforts to provide advance notice of scheduled maintenance. We do not provide SLA credits or guarantees regarding specific uptime percentages unless separately agreed in a written enterprise agreement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
  • WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • IN NO EVENT SHALL NIGHTCREW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.
  • OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nightcrew and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any applicable law or third-party rights.
  • Code or content you submit, generate, or publish through the Service.
  • Your GitHub repositories and their contents.

11. Termination

By You: You may terminate your account at any time through the settings page or by contacting support. Termination does not entitle you to a refund of prepaid subscription fees.

By Us: We may suspend or terminate your access to the Service immediately upon notice if you:

  • Materially breach these Terms.
  • Engage in activity that poses a security risk to the Service or other users.
  • Fail to pay subscription fees when due.
  • Are subject to applicable sanctions or export restrictions.

Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will make your data available for export for a reasonable period following termination. We may delete your data after this period in accordance with our data retention policies.

12. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Informal Resolution: Before filing any formal dispute, you agree to contact us and attempt to resolve the dispute informally for at least thirty (30) days.

Arbitration: Any disputes that cannot be resolved informally shall be resolved through binding arbitration under the rules of the American Arbitration Association, unless you opt out of arbitration by contacting us within thirty (30) days of accepting these Terms.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13. Changes to Terms

We may modify these Terms at any time. When we make material changes, we will notify you by email or through a prominent notice on the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription.

14. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nightcrew regarding the Service.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.
  • Notices: Notices to you may be sent via email or through the Service. Notices to us should be sent to our support email.

15. Contact Information

If you have questions about these Terms, please contact us at:

Nightcrew
Email: [email protected]
Website: nightcrew.dev