These Terms of Service (these “Terms”) govern your access to the Night Eyes website and our marketing, market research, survey, product testing, and related services (collectively, the “Services”) operated by (“Night Eyes,” “we,” “us,” or “our”).
By using the Services, you agree to these Terms. If you do not agree, do not use the Services. Separate written agreements may apply to specific projects or client engagements. If a separate agreement conflicts with these Terms, that agreement controls for the relevant project or engagement.
1. Eligibility
You must be at least 18 years old and legally able to enter into a binding agreement to use the Services or participate in an opportunity. Individual opportunities may have additional eligibility requirements, including location, demographic, or experience requirements, which will be explained before participation.
2. Our Services
Night Eyes is a marketing company. Our Services may include marketing campaigns, market research, surveys, product or service testing, participant recruitment, and related promotional activities. We may provide these Services directly or work with clients and third-party providers.
Submitting an inquiry, providing contact information, or completing a screening questionnaire does not guarantee selection, participation, payment, or future opportunities. Availability and eligibility vary by project.
3. Participation and Project Terms
Participation is voluntary. Before you agree to an opportunity, we or the relevant provider will explain its purpose, required activities, eligibility, expected time commitment, any compensation, payment conditions and timing, and any additional terms or consent requirements.
You agree to provide accurate information, follow lawful project instructions, and submit original, truthful responses reflecting your actual experience. You may not impersonate another person, submit fraudulent or duplicate responses, misrepresent your eligibility, or use automated tools unless expressly permitted.
You may decline an invitation or stop participating. Any effect of withdrawal on compensation must be explained in the applicable project terms before participation. We may exclude submissions that fail disclosed eligibility or completion requirements, but will not withhold earned compensation solely because feedback is negative.
4. Participant Compensation
Compensation is available only for opportunities expressly identified as paid. The amount, form, payer, completion requirements, and payment schedule will be stated in the applicable project terms. No particular income, volume of work, or ongoing availability is promised.
If a project is cancelled or changed after you begin, we will explain how completed work will be handled under the disclosed project terms and applicable law. You remain entitled to compensation already earned. Contact us using the details below if you believe a payment is missing or incorrect.
You are responsible for taxes on compensation you receive to the extent required by law. Nothing in these Terms determines employment or contractor status where applicable law provides otherwise.
5. Client Engagements and Fees
For clients purchasing our marketing, research, testing, or related services, the scope, deliverables, fees, payment schedule, cancellation rights, and any refund terms will be set out in a separate proposal, order, or written agreement accepted before work begins. These Terms alone do not authorize recurring charges or create a subscription.
Clients must have the rights and permissions needed for materials and instructions they provide. We do not guarantee specific sales, conversions, engagement levels, or other commercial results unless expressly agreed in writing.
6. Acceptable Use
You must use the Services lawfully and respect the rights of others. You may not:
- Submit false, misleading, infringing, abusive, or unlawful material.
- Attempt unauthorized access to accounts, systems, or personal information.
- Introduce malware, disrupt the website, or interfere with the Services.
- Misrepresent your identity, affiliation, experience, or authority.
- Use the Services to create fake reviews, deceptive endorsements, or artificial engagement, or to bypass a third-party platform’s rules.
Where a project involves an endorsement or public review, it must reflect the participant’s honest experience and include any required disclosure of payment or other incentives. Compensation must not be conditioned on a positive or negative opinion. Platform rules may prohibit incentivized reviews even where disclosure is provided.
7. Privacy and Communications
Our Privacy Policy explains how we collect, use, share, and retain personal information and how to exercise applicable privacy rights. Review it before submitting personal information. Project-specific privacy notices and consents may also apply.
We may contact you to respond to an inquiry, administer a project you have joined, or communicate about payment. Promotional emails, texts, and calls are subject to applicable consent and opt-out requirements. Acceptance of these Terms does not, by itself, constitute consent to promotional texts, automated marketing calls, or other communications requiring separate consent.
8. Intellectual Property and Submissions
We or our licensors own the website, branding, and materials we provide, except for third-party materials and content you own. You may access and use our materials as reasonably necessary to use the Services or complete an authorized project. Other use requires permission unless permitted by law.
You retain ownership of content you submit. Subject to the Privacy Policy and disclosed project terms, you grant us a non-exclusive license to use, reproduce, and share your submissions only as reasonably necessary to administer the project and provide its agreed research or testing results. Public promotional use of your name, image, voice, or testimonial requires separate permission. Deliverable ownership for client engagements will be addressed in the applicable written agreement.
Nothing in these Terms prevents you from sharing an honest review of our business or exercising legally protected rights.
9. Confidential Project Materials
If a project includes confidential materials, we will identify them and explain any confidentiality obligations before you accept the project. You must not disclose those materials except as permitted by the project terms or required by law. This restriction does not prevent legally protected reporting or disclosures to public authorities.
10. Third-Party Services
Some opportunities may be administered by third-party clients, research providers, or platforms. We will identify the responsible provider and applicable additional terms before you participate. Third parties are responsible for their own services and practices. This section does not remove any obligation Night Eyes expressly undertakes, including a payment obligation.
11. Disclaimers and Liability
To the extent permitted by applicable law, the website and general informational materials are provided “as is” and “as available.” We do not promise uninterrupted or error-free access, selection for an opportunity, or particular earnings or business results.
To the extent permitted by applicable law, neither party is liable to the other for indirect, incidental, special, or consequential losses arising from the Services. This exclusion does not apply to fraud, willful misconduct, gross negligence, payment obligations, or liability that cannot lawfully be excluded. Nothing in these Terms limits non-waivable consumer or other statutory rights.
12. Suspension and Termination
You may stop using the Services at any time. We may restrict or suspend access for a material breach of these Terms, suspected fraud, security concerns, or legal requirements. Where reasonably practicable, we will explain the reason and provide an opportunity to address it.
Termination does not cancel payment obligations already incurred or compensation already earned. Personal information will be handled according to our Privacy Policy and applicable law.
13. Changes to These Terms
We may update these Terms and will post the revised version with an updated date. For material changes, we will provide reasonable advance notice where practicable and any notice or consent required by law. Changes will not retroactively alter agreed project compensation or client engagement terms without agreement.
14. Governing Law and Disputes
These Terms are governed by the laws of Delaware, subject to any mandatory laws and rights that apply where you live. Unless mandatory law requires otherwise, disputes may be brought before the courts of Delaware. Please contact us first so we can try to resolve a concern informally; doing so is not a condition of exercising your legal rights.
15. General Terms
If a provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a provision does not waive the right to enforce it later. These Terms, together with applicable project terms or client agreements, govern your use of the Services.