Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Edibu, LLC, a South Dakota limited liability company (“Edibu”, “we”, “us”). They govern your use of the nightgauge.dev website, the Nightgauge VS Code extension, CLI and SDK (the “Local Core”), and the optional Nightgauge hosted platform, web dashboard and mobile app (the “Platform”; together with the website and the Local Core, “Nightgauge”). By using Nightgauge you agree to these Terms. If you use Nightgauge on behalf of an organization, you represent that you have authority to bind it, and “you” means that organization.

1. The open-source Local Core

The Local Core is licensed to you under the Apache License, Version 2.0. Nothing in these Terms limits the rights that license grants you or adds conditions to it. Where these Terms and the Apache License conflict regarding the Local Core, the Apache License controls.

2. The Platform

The Platform is an optional hosted service. To use it you need an account, which you create by signing in or by entering a license key. You are responsible for the activity that happens under your account and for keeping your credentials confidential. You must be at least 16 years old, and you must give us accurate information.

During early access the Platform is provided free of charge and may change, pause or end at any time. Paid plans, when offered, will be described at the point of purchase; fees are billed in advance, are non-refundable except where the law requires otherwise, and you can cancel a renewal at any time before it occurs.

3. Your content and your systems

Nightgauge operates on your repositories, your issue tracker, and your AI-provider accounts, using credentials you supply. You keep all rights to your code, your issues and the output the pipeline produces in your repositories. You grant Edibu only the limited right to process the telemetry described in our Privacy Policy in order to operate the Platform and show you your own data.

You are responsible for the systems you connect. In particular:

• Model providers. Your use of any AI model is governed by your agreement with that provider and their usage policies. You are responsible for the cost of tokens your pipeline consumes.
• Forges and chat workspaces. You must have the right to grant Nightgauge the access you configure, and you are responsible for complying with those services’ terms.
• Review before merge. Nightgauge is an automation tool. Its output is generated by AI models and validated by the gates you configure; it can be wrong. You are responsible for reviewing what merges into your repositories and for the consequences of code you ship. Use the human-approval gates, budget ceilings and circuit breaker; run the pipeline against production systems only after you have satisfied yourself it is safe to do so.

4. Acceptable use

You will not use Nightgauge to violate any law or third-party right; to generate or distribute malware, spam, or content that infringes intellectual property; to attack, probe or overload the Platform or any system you do not own or have permission to test; to circumvent usage limits or license checks; to resell the Platform without our written permission; or to reverse-engineer parts of the Platform that are not open source. We may suspend or terminate access that violates this section.

5. Intellectual property

Edibu owns the Platform, the Nightgauge name and logo, and the website. Apart from the Apache-licensed Local Core, these Terms give you no license to them beyond the right to use the Platform as intended. Feedback you send us may be used without obligation to you.

6. Third-party services

Nightgauge integrates with services we do not control (git forges, model providers, chat workspaces, payment processors). We are not responsible for their availability, behavior or terms, and an integration may stop working if a third party changes its service.

7. Disclaimer of warranties

Nightgauge is provided “as is” and “as available”, without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that Nightgauge will be uninterrupted, error-free, secure, or that AI-generated output will be correct, complete or free of third-party rights. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

8. Limitation of liability

To the fullest extent permitted by law, Edibu and its members, officers and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to Nightgauge or these Terms, however caused and under any theory of liability, even if advised of the possibility. Our total liability for all claims arising out of or related to Nightgauge or these Terms will not exceed the greater of (a) the amount you paid Edibu for the Platform in the twelve months before the claim arose and (b) one hundred US dollars (US$100). These limits do not apply to liability that cannot be limited by law.

9. Indemnity

You will defend and indemnify Edibu against claims, damages and expenses (including reasonable attorneys’ fees) arising from your content, the systems you connect, your breach of these Terms, or your violation of law or of a third party’s rights.

10. Termination

You may stop using Nightgauge and delete your Platform account at any time. We may suspend or terminate your Platform access for breach of these Terms, if required by law, or if we discontinue the Platform, with reasonable notice where practicable. Sections 3, 5 and 7–13 survive termination. Termination of Platform access does not affect your Apache license to the Local Core.

11. Changes to these Terms

We may revise these Terms. We will post the revised Terms on this page with a new effective date and, for material changes, notify Platform account holders by email at least 14 days before they take effect. Continued use after the effective date is acceptance of the revised Terms.

12. Governing law and disputes

These Terms are governed by the laws of the State of South Dakota and the federal laws of the United States, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or Nightgauge will be resolved exclusively in the state or federal courts located in South Dakota, and you consent to their personal jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property. If any provision of these Terms is unenforceable, the rest remains in effect.

13. Contact

Edibu, LLC · legal inquiries: privacy@nightgauge.dev · support: nightgauge.dev/support