Terms and Conditions — Night Protocol LLC

For a plain-language guide to points, Premium and payouts, see Docs.

1. Acceptance of Terms

By accessing or using the domain(s) listed at the end of this document, the Night Protocol desktop app, the Night Protocol MCP server (mcp.night-protocol.com), the Night Protocol Telegram bot and any related services (collectively, the "Platform"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all Terms, you may not use the Platform. Night Protocol LLC ("Company," "we," "us," or "our"), a Wyoming limited liability company, may change these Terms; the date at the top shows the last change. Continued use of the Platform after a change means you accept the revised Terms.

2. Eligibility and Age Verification

The Platform contains adult content and is only for people 18 years of age or older. By using it you represent and warrant that:

• You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater
• You have the legal right and capacity to enter into these Terms
• You are not located in a jurisdiction where access to adult content is prohibited by law
• You are not using the Platform on behalf of or for the benefit of any minor

You confirm you are 18 or older once, when you sign up. There is one Age Verification: a photo of a government-issued ID and a selfie, reviewed by our team. It is required (a) before you publish any clip, and (b) to view content while you are in a U.S. state whose law requires age verification for adult content (we check your state from your connection on each request; if you skip, you keep the map but not the content). Age Verification records are kept for seven (7) years under 18 U.S.C. § 2257 (see the 2257 statement). Providing false information about your age or identity is a material breach of these Terms and ends your access.

3. Accounts and Sign-in

You agree to give accurate information when you register and to keep it current. You are responsible for keeping your sign-in credentials confidential and for all activity under your account, including activity by an assistant or a Telegram account you connect. Tell us immediately at security@night-protocol.com about any unauthorized use. Links to a view on the map never sign anyone in: a map link opens only for the member it was made for, after that member signs in the normal way. The Company may suspend or close accounts, remove content or restrict access as described in these Terms.

4. Points

4.1 What Points are

Points ("Points") are a measure of user engagement on the Platform: they reflect how much you watch. Your Points are kept in your Points balance (Profile › Account Settings › Wallet). Points do not expire. Points have no cash value and are not money, property, a financial instrument or a security. Points cannot be cashed out, transferred to anyone else or exchanged for money or anything else, by anyone, including creators.

4.2 How you get Points

• Top-ups: $5, $10 or $25, or any whole-dollar amount from $5 to $100, at 100 Points per dollar.
• Premium: 2,500 Points for each paid month of Premium (section 5.1).
• Bonuses: Points the Company grants free of charge, such as the new-member bonus.
• Referrals: 500 Points when a member you referred first pays (section 5.4).

4.3 Spending Points: watching

Watching content is the only thing that uses Points. A regular clip uses 1 Point per second for each creator tagged in the clip (its owner and any co-creators who accepted the tag). A premium clip uses 3 Points per second for each tagged creator. The first 3 seconds of every clip are free, and watching your own clip is free. For example, a premium clip with two tagged creators uses 6 Points per second after the first 3 seconds. Every clip starts as regular. Clips in the top half of the platform by seconds viewed are premium, recalculated automatically; creators do not choose a clip's class.

Points used for watching go to the Company. Creators are paid in dollars from the creator pool (section 5.5), not in Points. If your balance runs out, playback stops until you add Points. Nothing else on the Platform uses Points: search, the ask box and your assistant (section 10) are free.

4.4 Changes to Points

The Company may award, adjust, correct or remove Points, including to fix technical errors or after a violation of these Terms or account closure. Purchased Points are refundable only as set out in section 22.

4.5 No obligation to maintain

The Company may modify, suspend or discontinue the Points system. If we discontinue it, unspent purchased Points are handled under section 22 and applicable law.

4.6 Scope of fees and Points

The Platform charges only for Point top-ups and for Premium (section 5). Members never pay creators directly. Under no circumstances do fees, payments or Points apply to meeting other members or attending events. This separation is fundamental to the Platform's design.

5. Premium, the Free Trial, Referrals and Creator Pay

5.1 What Premium includes

Premium costs $8.99 (USD) per month, renews monthly until you cancel, and includes:

• Posting your clips (publishing from the Night Protocol desktop app)
• Your assistant doing the typing for you, through our MCP connector (section 10)
• The Night Protocol Telegram bot (section 11)
• 2,500 Points credited for each paid month (section 4.2)

Premium is active only for the months you have paid for (and during your free trial, section 5.2), until the end of the last paid month.

Without active Premium you can still sign up, use the map, watch content with your Points, unpublish or delete your own clips, link Telegram, and connect an assistant (which can then connect but not act until Premium is active).

5.2 Free trial

Every new member gets a 31-day free trial of Premium when they join. No card is needed, and the trial ends on its own without any charge. To keep Premium after the trial, you subscribe (section 22.4). Members who joined before October 8, 2026 and did not have active Premium on that date received the same one-time 31-day trial (Premium time only). The Premium screen shows your trial end date and days left. We may change or end trial offers for future members.

5.3 Cancelling

You can cancel at any time in Profile › Account Settings › Premium (one tap: Cancel Premium) or by emailing support@night-protocol.com. Cancelling stops renewal: you are not charged again, and Premium stays active until the end of the last month you paid for, then ends. Points already credited to your balance, including Premium Points, stay in your balance after Premium ends (Points do not expire, section 4.1). If a monthly charge fails, Premium continues for a three (3) day grace period while the charge is retried, then ends.

5.4 Referrals

Your referral link is your handle link (night-protocol.com/<your handle>). A person who opens your link and joins in the same browser session is your referral. When your referral makes their first payment (Premium or a Point top-up), you receive 500 Points, once per referred member. Referral rewards are paid only in Points, never in cash, and only for members you referred yourself: there is one level. Referral Points follow section 4. Self-referrals, fake accounts and other abuse earn nothing and may lead to the loss of Points and the account. If that first payment is refunded or charged back, the Company may remove the referral Points. The Company may change the referral reward for future referrals with notice in these Terms.

5.5 Creator pay

Creators are paid in US dollars, never in Points, from a user-centric creator pool: each member's money follows what that member watched. For each member who pays in a calendar month, the Company takes what that member paid that month (Point top-ups and Premium, less refunds and chargebacks), deducts card processing and related costs (assumed at 17%), and puts 70% of the rest in that member's pool. That pool is shared among the creators whose clips that member watched that month, in proportion to the Points that member used watching each creator.

Only money a member actually paid counts. Watching with free trial, bonus or referral Points generates no creator pay. Example: a member pays $10 in a month; after processing, $8.30 remains; $5.81 (70%) goes to the creators that member watched; if 60% of their watching was on one creator and 40% on another, those creators receive $3.49 and $2.32.

Creator pay for a month is calculated after the month ends; the Platform shows creators a month-to-date estimate. Payouts are made weekly once at least $50.00 (USD) is available, through our payout provider. To be paid you need an approved Age Verification, a tax form (W-9, W-8BEN or W-8BEN-E) verified by the payout provider, and a payout account the provider has accepted; the provider also screens payees as the law requires and may hold or refuse a payout. A payout provider is required: until one is live on the Platform, creator pay accrues and is not paid out. If a payout fails or is returned, the amount goes back to your balance. Amounts later refunded or charged back may be deducted from later creator pay. Payouts are income: the payout provider issues year-end tax forms (such as Form 1099) where the law requires, and you are responsible for your own taxes. There are no tips and no rank tiers, and members never pay creators directly.

5.6 Handle links

Each member has one link, night-protocol.com/<handle>, made from their main handle. A person who is not signed in and opens a link sees only a way into the site (join or log in) and nothing about the member; every link looks the same to them, whether or not the handle exists. A signed-in member who opens a link sees that member in the app only as the member's own settings allow (the communities they share, roles, which details are shown, blocks and not interested), the same as on the map. A person who joins in the same browser session after opening a link is recorded as referred by that member (see 5.4); the member sees how many people joined through their link, not who they are. A main handle can be changed once every 90 days. Old handles stay reserved to the same member, and names that match pages of the site are reserved. Profile addresses on the community sites are retired.

5.7 Messages under content

Under each clip, a member who can watch it may start a private, text-only conversation with the clip's creator. Only those two members see it. The creator can reply, close the conversation or block; either side can report it. Blocking someone or marking them not interested ends the conversation for both. Messages are up to 2,000 characters and rate-limited. No payments of any kind happen in messages, and there are no tips. Money never buys a meeting: offering, requesting or arranging a meeting in exchange for money or anything of value is prohibited, is grounds for removal, and can be reported. We do not scan messages automatically; we review a conversation when it is reported. Assistants connected through MCP cannot read or send messages.

6. Publishing and Your Content

Clips are published only from the Night Protocol desktop app, after you complete Age Verification and while you have Premium. Clips you have not published stay on your own computer: they are not uploaded to us. When you publish, a copy is stored on our servers and shown to the audience you choose. When you unpublish or delete a clip, we delete our server copy (backup versions expire within 30 days); records the law requires us to keep, such as 2257 records, are kept. You can unpublish your own clips from the website, the phone and the desktop app at any time, with or without Premium. A clip that shows other members can be published only once each tagged person has their own Age Verification and release, or a tagged creator has agreed.

By publishing content ("User Content"), you represent and warrant that:

• You own or have all necessary rights, licenses and permissions to publish the User Content
• Every person depicted was at least 18 years of age when it was made
• You have every required consent and release from each person depicted, including their consent to its publication
• User Content does not infringe the intellectual property, privacy or other rights of any third party
• User Content complies with all applicable local, state, federal and international laws

By publishing User Content, you grant the Company a non-exclusive, royalty-free, worldwide, sublicensable and transferable license to host, store, reproduce, display and distribute it in connection with operating the Platform, for as long as it is published and as needed to meet legal obligations afterwards.

7. Prohibited Content

The following content is strictly prohibited. Violation may result in immediate account termination, content removal and referral to law enforcement:

• Any depiction, description or simulation of minors in a sexual or suggestive context
• Child sexual abuse material (CSAM) in any form — zero tolerance, reported to NCMEC and law enforcement as required by 18 U.S.C. § 2258A
• Non-consensual sexual content, including intimate images shared without the consent of the person shown, and sexually explicit "deepfakes" of real people
• Content that depicts, promotes or facilitates sexual exploitation, trafficking or coercion
• Content that violates anyone's privacy, including hidden recordings or doxxing
• Content promoting or depicting illegal violence, self-harm or harm to others
• Hate speech that promotes violence against people based on race, ethnicity, religion, gender identity, sexual orientation, disability or national origin
• Spam, phishing, malware or any malicious code
• Impersonation of any person, entity or brand
• Any content that violates applicable obscenity laws

8. Reporting and Removal

You can report a person or a clip with the report controls in the app (and with /report in your chat with the Night Protocol Telegram bot), or by email to legal@night-protocol.com. Reporter identity is not shown to the person reported. Suspected CSAM is removed and reported to the NCMEC CyberTipline. Non-consensual intimate images: if an intimate image of you was published without your consent, email legal@night-protocol.com with a link to it, a statement that it shows you and was published without your consent, and how to reach you. We remove the image, and identical copies we find, within 48 hours of a valid request, as required by the TAKE IT DOWN Act. Copyright complaints follow section 13.

Evidence of prohibited content. When we refuse or remove a clip because it is not consensual or is otherwise prohibited, we keep a locked copy of the file, a fingerprint of the file (a hash), and a record of who uploaded it and who was tagged in it, for seven (7) years. Only our administrators can open it. We may give it to law enforcement or other authorities when the law requires it. The same file is refused if anyone tries to upload it again. Suspected CSAM is reported to the NCMEC CyberTipline.

9. Prohibited Uses

You may not use the Platform to:

• Engage in any activity that violates applicable law
• Harvest, scrape or collect member information without authorization
• Find, follow or identify a member offline against their wishes, or try to work out who someone is from anonymous results
• Circumvent, disable or interfere with security features, age verification or the Premium gate
• Access or attempt to access any account or system you are not authorized to use
• Reverse-engineer, decompile or disassemble any portion of the Platform, except as the law allows
• Use bots, crawlers or scrapers without written consent. Your own assistant connected through our MCP connector (section 10) is allowed
• Introduce malicious code or interfere with Platform infrastructure
• Engage in commercial activity not expressly authorized by the Company

10. Assistants (MCP Connector)

You can connect your own AI assistant (for example Claude or ChatGPT) to your account through our MCP connector at https://mcp.night-protocol.com/connector. You approve each connection on our consent page. Using an assistant on Night Protocol is a Premium feature (section 5). A connected assistant acts only for you: it sees other people only as anonymous ids with an approximate distance band, never their accounts, handles, email addresses or exact locations, and never who asked about you. It asks you before it sends a request, an invite, an Opening, an event or a meeting time. You can see what it did in the last 30 days and disconnect it at any time in Profile › Account Settings › Connected assistants, or by removing the connector in your assistant. You are responsible for what you ask your assistant to do. Your assistant's provider handles your conversation under its own terms and privacy policy.

11. Telegram

You can link your Telegram account in Profile, at no charge. When you and another member have both shown interest, either of you can ask to continue on Telegram (a Premium feature). The Night Protocol bot asks the other member first; only when both of you agree does it send each of you the other's Telegram username and a link to open a direct chat. Your phone number is never shared. Night Protocol is not part of that chat and does not see or store it. We recommend a Telegram Secret Chat (end-to-end encrypted; regular Telegram chats are not) and setting your phone number visibility to Nobody. The bot stays in your own private chat for /start, /link, /status, /help, /block and /report (free) and /propose (Premium); you can block or report a member there, on Night Protocol or through your assistant at any time. Telegram's own terms and privacy policy apply to your use of Telegram.

12. Intellectual Property

All Platform content not submitted by members — including software, design, graphics, trademarks and editorial content — is the exclusive property of Night Protocol LLC or its licensors and is protected by intellectual property laws. You may not reproduce, distribute or create derivative works from it without prior written permission.

Map data © CARTO, © OpenStreetMap contributors.

13. DMCA and Copyright Complaints

The Company responds to properly submitted notices of alleged copyright infringement. Send notices to the designated agent listed in section 24 and in the DMCA procedure. Your notice must include all elements required under 17 U.S.C. § 512(c)(3). Counter-notices may be submitted under 17 U.S.C. § 512(g).

14. Payment and Billing

Card payments are processed by a third-party payment processor on its own hosted page; the Company never sees or stores your full card number. Charges appear on statements under a NIGHT PROTOCOL descriptor. Refunds follow section 22. Please contact support@night-protocol.com before starting a chargeback; unauthorized chargebacks may result in account suspension.

15. Service Availability and Modifications

The Company may modify, suspend or discontinue the Platform or any feature at any time. The Company does not guarantee uninterrupted availability.

16. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. The Company does not warrant that the Platform will be secure, error-free or free of viruses or other harmful components. Meeting other members happens at your own risk. Your use of the Platform is at your sole risk.

17. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Night Protocol LLC, its members, managers, officers, employees, agents or licensors be liable for any indirect, incidental, special, consequential, punitive or exemplary damages arising out of or related to your use of or inability to use the Platform. The Company's total cumulative liability for all claims shall not exceed the lesser of (a) amounts paid by you in the preceding 12 months, or (b) USD $100.00.

18. Indemnification

You agree to indemnify, defend and hold harmless Night Protocol LLC and its members, managers, officers, employees, agents, successors and assigns from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of applicable law; or (e) your violation of any third-party rights.

19. Privacy

Your use of the Platform is governed by our Privacy Policy, incorporated here by reference.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. Any dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association, with proceedings conducted in Wyoming. The Company may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights. You waive any right to participate in a class action lawsuit or class-wide arbitration.

21. Termination

You can delete your account at any time in Profile › Account Settings › Delete account; it is disabled at once and erased after seven (7) days, except records we must keep by law. The Company may suspend or terminate your access at any time, for a violation of these Terms, where required by law, or as otherwise permitted by law. Sections 4.1, 12, 16, 17, 18 and 20 survive termination.

22. Refunds

This section is the Platform refund policy and forms part of these Terms. It covers point purchases and the Premium subscription.

22.1 What we sell

Night Protocol charges members for exactly two things, both card-based: Points (one-time top-ups at 100 Points per dollar: $5 for 500 Points, $10 for 1,000, $25 for 2,500, or any whole-dollar amount from $5 to $100) and the Premium subscription ($8.99 per month, billed monthly and renewing automatically until cancelled), which includes posting clips from the desktop app, your assistant doing the typing for you, the Night Protocol Telegram bot, and 2,500 Points for each paid month. Points are used only for watching content (section 4.3) and do not expire. Points have no cash value and cannot be cashed out, transferred or exchanged for money, by anyone. The 31-day free trial (section 5.2) costs nothing and never turns into a charge on its own. There are no other charges, and members never pay creators directly.

22.2 Points top-ups

A points top-up can be refunded in full within fourteen (14) days of purchase if none of the Points from that top-up have been spent. Otherwise a top-up is not refundable, except where the law requires a refund. To request a refund, email support@night-protocol.com from your account email. Approved refunds are returned to the original payment method (section 22.6).

22.3 Spent points

Points that have been spent on content watching that has begun are non-refundable, except where the content was materially defective or could not be accessed, in which case the points are restored or the corresponding charge refunded.

22.4 Premium subscription

Recurring billing. Premium costs $8.99 (USD) per month. When you subscribe, your card is charged $8.99 that day and again every month on the same calendar day (or the last day of a shorter month) until you cancel; subscribing during a free trial starts your first paid month that day. Each paid month credits 2,500 Points. Premium is active only for the months you have paid for. You can cancel at any time: in Profile › Account Settings › Premium tap Cancel Premium (one tap), or email support@night-protocol.com from your account email. Cancelling stops renewal and all future charges; Premium stays active until the end of the last month you paid for, and Points already credited, including Premium Points, stay in your balance (Points do not expire). If a monthly charge fails, Premium continues for a three (3) day grace period while the charge is retried, then ends. A Premium charge is refundable in full within fourteen (14) days if the 2,500 Points credited for that month are unspent, as in section 22.2.

22.5 Duplicate, erroneous, or unauthorized charges

Charges that are duplicated, made in error, or reported as unauthorized are refunded in full upon verification. Please contact us before initiating a chargeback so we can resolve the issue quickly; we respond to all billing inquiries within two (2) business days. If a charge is reversed by a chargeback after the Points it bought were spent, those Points are removed from your balance, which may go below zero; no creator pay is made from the disputed amount, and the charge is removed from that month's creator pool (section 5.5); and if the charge was for Premium, Premium ends at once.

22.6 How refunds are issued

Approved refunds are returned to the original payment method within five to ten (5-10) business days, depending on the card issuer. Charges appear on statements under a NIGHT PROTOCOL descriptor.

23. Risk Monitoring Policy

Night Protocol LLC maintains an ongoing risk-monitoring program for content published on the Platform. It is designed to reduce legal, safety and trust risk and does not replace members' obligations under these Terms or applicable law.

• Intake controls: Publishing requires the one Age Verification (government ID and selfie, reviewed by our team) and happens only from the Night Protocol desktop app. The desktop app organizes media on the member's own computer; nothing is uploaded until the member publishes. A clip showing other members needs each tagged person's verification and release first.
• Prohibited content: Content depicting minors, non-consensual sexual conduct, exploitation or solicitation is prohibited. Suspected child sexual abuse material is blocked from distribution and reported as required by law. Reported non-consensual intimate images are removed within 48 hours of a valid request (section 8).
• Member reporting: Members may report people or content through in-product report controls. Reports enter a review queue with reporter identity withheld from the subject. Our team may review and remove published content.
• Consent and visibility: Member consent and visibility choices (including blocks and "not interested") are enforced on every later read. Revoking closes further exposure.
• Payments risk: Card entry happens on the payment processor's hosted page. Charge descriptors appear as NIGHT PROTOCOL.
• Escalation: Safety, legal and copyright concerns may be sent to legal@night-protocol.com, security@night-protocol.com or dmca@night-protocol.com as appropriate. Postal: Night Protocol LLC, 30 N Gould St Ste 11679, Sheridan, WY 82801.

24. Contact Information