Last updated: January 30, 2025
These Terms of Service ("Terms") apply to your use of Overnight Operator's AI assistant services, including any associated software applications and websites (collectively, "Services"). These Terms form an agreement between you and JC Consulting ("Company," "we," "us," or "our"). By using our Services, you agree to these Terms.
Our Services are currently offered as a research preview. This means the Services are provided for evaluation and testing purposes and may contain bugs, errors, or limitations. We may modify, suspend, or discontinue any aspect of the Services at any time without notice. By using the Services during this research preview period, you acknowledge and accept these conditions.
Minimum Age. You must be at least 18 years old to use the Services.
Registration. You must provide accurate and complete information to register for an account. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account.
Business Use. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
What You Can Do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws.
What You Cannot Do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
Your Content. You may provide input to the Services ("Input") and receive output from the Services based on the Input ("Output"). Input and Output are collectively "Content." You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms.
Ownership. As between you and JC Consulting, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We assign to you all our right, title, and interest, if any, in and to Output.
Similarity of Content. Due to the nature of AI, output may not be unique and other users may receive similar output from our Services.
Our Use of Content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, and enforce our terms and policies.
Accuracy. AI is a rapidly evolving field. Given the probabilistic nature of machine learning, use of our Services may result in Output that does not accurately reflect real people, places, or facts. You understand and agree:
Billing. If you purchase any Services, you will provide complete and accurate billing information. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice.
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine: (a) you breached these Terms; (b) we must do so to comply with the law; or (c) your use of our Services could cause risk or harm to JC Consulting, our users, or anyone else.
OUR SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU.
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless JC Consulting, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
YOU AND JC CONSULTING AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
Mandatory Arbitration. You and JC Consulting agree to resolve any claims arising out of or relating to these Terms or our Services through final and binding arbitration. You may opt out of arbitration within 30 days of account creation by sending written notice to legal@overnightoperator.com.
Informal Dispute Resolution. Before either of us files a claim against the other, we both agree to try to resolve the dispute informally by contacting each other. If we are unable to resolve a dispute within 60 days, either of us has the right to initiate arbitration.
Class and Jury Trial Waivers. You and JC Consulting agree that disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. You and JC Consulting knowingly and irrevocably waive any right to trial by jury.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect.
Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign our rights or obligations to any affiliate, subsidiary, or successor.
Changes to These Terms. We may update these Terms from time to time. We will give you at least 30 days advance notice of changes that materially adversely impact you. If you do not agree to the changes, you must stop using our Services.
Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflicts of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts located in Delaware.
Entire Agreement. These Terms contain the entire agreement between you and JC Consulting regarding the Services and supersede any prior agreements.
Contact. For questions about these Terms, please contact us at legal@overnightoperator.com.
JC Consulting
legal@overnightoperator.com