Last Updated: April 25, 2026
Effective Date: April 25, 2026
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1. Acceptance of Terms
Plain English Summary: By visiting our website, booking a call, or engaging NighthawkAI for services, you agree to these Terms. If you're using NighthawkAI on behalf of your business, your business is bound by these Terms too. If you don't agree, please don't use our site or services.
By accessing or using the NighthawkAI website located at www.nighthawkai.ca (the "Site") or by engaging NighthawkAI for any services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are accessing or using the Site or Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.
If you do not agree to these Terms, you must immediately cease all use of the Site and may not engage NighthawkAI for any Services.
These Terms constitute a legally binding agreement between you and NighthawkAI ("NighthawkAI," "we," "us," or "our"), a business operating in Martensville, Saskatchewan, Canada.
You must be at least 18 years of age and have legal capacity to enter into contracts in your jurisdiction to use our Site or engage our Services.
The most current version of these Terms is always available at www.nighthawkai.ca/terms.
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2. Description of Services
Plain English Summary: NighthawkAI provides AI-powered automation services for businesses — things like automated SMS follow-ups with dormant leads, after-hours lead qualification, and automated Google Review responses. We deliver these services through customized AI systems built and managed for your business. We're not a software platform you log into; we're a done-for-you service.
NighthawkAI is an AI automation agency that provides AI-powered lead reactivation and client communication services to businesses. Our core services include, but are not limited to:
- Database Reactivation Campaigns: AI-driven SMS conversation systems that re-engage dormant leads and existing customer databases to recover revenue from unconverted prospects.
- Speed to Lead AI Bot: Automated systems that respond to new inbound leads within 60 seconds, qualifying and booking appointments around the clock.
- Out of Hours AI Bot: Automated lead qualification and appointment booking systems that operate during evenings, weekends, and holidays when human staff are unavailable.
- Google Reviews AI Bot: Automated systems that respond to Google reviews on behalf of client businesses.
(collectively, the "Services")
Service Delivery: NighthawkAI is a done-for-you managed service, not a self-service software platform. Services are delivered pursuant to individual service agreements or statements of work ("Service Agreements") entered into with each Client.
Service Availability: NighthawkAI will use commercially reasonable efforts to ensure continuous operation of deployed AI systems. However, we do not guarantee uninterrupted, error-free, or 100% uptime for any Service. Factors outside our control — including third-party SMS carrier availability, platform outages, and connectivity issues — may affect Service delivery.
Geographic Availability: Services are primarily available to businesses operating in Canada and the United States. NighthawkAI reserves the right to decline service to businesses in any jurisdiction at its sole discretion.
Results Disclaimer: Any revenue estimates, case study results, or performance projections referenced on the Site (including the revenue calculator) are illustrative examples based on past client results and are not guarantees of future performance. Actual results will vary depending on your industry, database quality, offer, and other factors.
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3. Client Engagements and Responsibilities
Plain English Summary: When we work together, you're responsible for giving us accurate information about your business and your customer database. You're also responsible for making sure you have permission to contact the people in your database — that's your legal obligation, and you confirm that by working with us.
Client Obligations: As a Client engaging NighthawkAI's Services, you agree to:
(a) Provide accurate, complete, and up-to-date information about your business, including your customer and lead database, target audience, products or services, and any other information reasonably requested by NighthawkAI to deliver the Services;
(b) Represent and warrant that you have obtained all necessary consents, permissions, and authorizations required under applicable law — including Canada's Anti-Spam Legislation ("CASL"), the Telephone Consumer Protection Act ("TCPA") if applicable, and any other relevant legislation — to contact all individuals in any database or list you provide to NighthawkAI for use in a campaign;
(c) Ensure that your use of the Services, and NighthawkAI's delivery of the Services on your behalf, complies with all applicable laws and regulations in your jurisdiction;
(d) Cooperate reasonably with NighthawkAI's onboarding process, provide timely responses to requests for information, and designate an appropriate point of contact for the engagement;
(e) Promptly notify NighthawkAI of any complaints, regulatory inquiries, or legal proceedings related to any campaign conducted on your behalf.
Consent Responsibility: You are solely responsible for ensuring that the individuals in any database or list you provide have given valid, express consent to receive commercial electronic messages, including SMS messages, from your business. NighthawkAI is not responsible for compliance with CASL, TCPA, or other anti-spam or telecommunications laws as they apply to your specific business relationships with your contacts.
AI-Generated Communications: You acknowledge that communications sent through NighthawkAI's AI systems are automated and AI-generated. By engaging the Services, you authorize NighthawkAI to deploy such communications on your behalf using the messaging templates and scripts developed collaboratively during onboarding. You are responsible for reviewing and approving all messaging scripts before campaign launch.
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4. Payment Terms
Plain English Summary: Pricing for our services is agreed upon in your individual Service Agreement. We'll be upfront about what things cost before you commit. Payment terms, billing cycles, and any refund provisions will be spelled out in your Service Agreement. If we can't agree otherwise in writing, the terms below apply as a baseline.
Pricing: Fees for NighthawkAI's Services are set out in the applicable Service Agreement between NighthawkAI and the Client. NighthawkAI does not publicly list fixed pricing, as service fees vary based on the scope, database size, campaign complexity, and duration of each engagement.
Payment Methods: NighthawkAI accepts payment via bank transfer, credit card, or such other methods as agreed in the applicable Service Agreement.
Invoicing and Due Dates: Unless otherwise specified in a Service Agreement, invoices are due within [VERIFY: e.g., 14 days] of the invoice date. Late payments will accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower.
Taxes: All fees are exclusive of applicable taxes, including GST/HST, PST, and any other applicable taxes. You are responsible for paying all such taxes unless you provide NighthawkAI with a valid tax exemption certificate. Where NighthawkAI is required by law to collect such taxes, they will be added to your invoice.
Refund Policy: Refund terms are governed by the applicable Service Agreement. In the absence of a specific written refund provision, the following baseline applies:
- Setup fees and onboarding costs are non-refundable once onboarding has commenced.
- Ongoing service fees paid for a completed billing period are non-refundable.
- If NighthawkAI fails to launch a campaign within 45 days of the agreed launch date due to its own error (excluding Client delays), you may request a pro-rated refund of prepaid fees for the undelivered period.
Campaign Performance: NighthawkAI does not guarantee specific revenue outcomes. Fees are charged for the delivery of the automated AI services, not for guaranteed revenue results.
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5. Intellectual Property Rights
Plain English Summary: Everything NighthawkAI has built — our AI systems, workflows, software, and methods — belongs to us. When we work together, you get a license to use the outputs of those systems for your business. If you bring us your own content (like your brand voice or scripts), that stays yours.
NighthawkAI Ownership: NighthawkAI and its licensors retain all right, title, and interest in and to: the Site; all underlying AI systems, automation workflows, software, algorithms, models, and technology used to deliver the Services; all NighthawkAI branding, trademarks, trade names, logos, and service marks; and all documentation, training materials, and methodologies (collectively, "NighthawkAI IP"). Nothing in these Terms or any Service Agreement transfers ownership of NighthawkAI IP to you.
License to Use the Site: Subject to these Terms, NighthawkAI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for the purpose of evaluating or engaging NighthawkAI's Services. This license does not include the right to: copy, modify, or distribute any content from the Site; use the Site for any commercial purpose beyond engaging NighthawkAI's Services; scrape, crawl, or extract data from the Site by automated means; or reverse engineer any technology underlying the Site.
Client Content License: You retain ownership of all content, data, and materials you provide to NighthawkAI for use in delivering the Services, including your customer and lead database, brand assets, scripts, and business information ("Client Content"). You grant NighthawkAI a limited, non-exclusive license to use, process, and adapt Client Content solely for the purpose of delivering the Services to you during the term of the applicable Service Agreement.
Campaign Deliverables: Messaging scripts, campaign materials, and other deliverables created specifically for your business as part of a Service Agreement ("Deliverables") are owned by NighthawkAI. If not otherwise specified in a Service Agreement, NighthawkAI retains ownership of all Deliverables but grants you a perpetual, royalty-free license to use them for your own business purposes following full payment of all fees.
Trademark Usage: You may not use NighthawkAI's name, logo, or trademarks in any marketing, testimonials, or public communications without NighthawkAI's prior written consent.
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6. Data Protection and Privacy
Plain English Summary: We take data privacy seriously. We collect some information about visitors to our Site, and we process client and end-customer data to deliver our services. We follow Canadian privacy law (PIPEDA and CASL). If you or your customers are in the EU or California, additional rights apply. Our full Privacy Policy has all the details — please read it.
Privacy Policy: Our Privacy Policy at www.nighthawkai.ca/privacy-policy describes how NighthawkAI collects, uses, discloses, and protects personal information. The Privacy Policy is incorporated into these Terms by reference.
PIPEDA Compliance: NighthawkAI is committed to complying with the Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5, and its 10 fair information principles. We collect only the personal information necessary to operate our Site and deliver our Services, obtain consent where required, and protect personal information using appropriate safeguards.
CASL Compliance: NighthawkAI operates in compliance with Canada's Anti-Spam Legislation (CASL), S.C. 2010, c. 23. All commercial electronic messages sent by NighthawkAI on behalf of clients are deployed only where appropriate consent has been established. As noted in Section 3, Clients are responsible for ensuring valid consent exists for their own contact databases.
Cross-Border Data Transfers: In delivering the Services, NighthawkAI may transfer personal information to service providers located outside Canada, including in the United States. NighthawkAI takes steps to ensure such transfers are subject to contractual protections consistent with PIPEDA requirements. By using our Site or engaging our Services, you acknowledge and consent to such transfers.
Data Retention: NighthawkAI retains personal information only as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, and to resolve disputes. Client data and campaign data are handled pursuant to the applicable Service Agreement.
#6.1 GDPR Rights (European Union and EEA Clients)
Plain English Summary: If you're in the EU or EEA, you have specific rights over your personal data under the GDPR, including the right to access, correct, delete, or export it. We'll honor these requests. Contact us at [email protected].
If you are located in the European Union or European Economic Area, the General Data Protection Regulation (GDPR) provides you with the following rights regarding your personal data:
- Right of Access: You may request a copy of the personal data we hold about you.
- Right to Rectification: You may request correction of inaccurate or incomplete personal data.
- Right to Erasure ("Right to be Forgotten"): You may request deletion of your personal data where no legitimate basis for retention exists.
- Right to Data Portability: You may request your personal data in a structured, commonly used, machine-readable format.
- Right to Restriction of Processing: You may request that we restrict the processing of your personal data in certain circumstances.
- Right to Object: You may object to processing of your personal data based on legitimate interests or for direct marketing purposes.
- Right to Withdraw Consent: Where processing is based on consent, you may withdraw consent at any time without affecting the lawfulness of prior processing.
Legal Basis for Processing: NighthawkAI processes personal data of EU/EEA individuals on the following legal bases: (i) performance of a contract (to deliver Services); (ii) legitimate interests (to operate and improve our Site and Services); (iii) consent (for marketing communications); and (iv) compliance with legal obligations.
Supervisory Authority: You have the right to lodge a complaint with your local data protection supervisory authority if you believe your data has been processed unlawfully.
Data Protection Contact: NighthawkAI has not formally designated a Data Protection Officer. For GDPR-related inquiries, contact [email protected].
#6.2 CCPA Rights (California Residents)
Plain English Summary: If you're a California resident, the CCPA gives you rights over your personal information — including the right to know what we collect, to delete it, and to opt out of any sale of your data. We don't sell personal information. To exercise your rights, contact us at [email protected].
If you are a California resident, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) provides you with the following rights:
- Right to Know: You have the right to request disclosure of the categories and specific pieces of personal information NighthawkAI has collected about you, the purposes for collection, and the categories of third parties with whom it is shared.
- Right to Delete: You have the right to request deletion of personal information NighthawkAI has collected from you, subject to certain exceptions.
- Right to Correct: You have the right to request correction of inaccurate personal information.
- Right to Opt-Out of Sale or Sharing: NighthawkAI does not sell or share personal information for cross-context behavioral advertising purposes within the meaning of the CCPA/CPRA.
- Right to Non-Discrimination: NighthawkAI will not discriminate against you for exercising your CCPA rights.
Submitting a Request: To exercise your CCPA rights, contact us at [email protected]. We will verify your identity before processing your request and will respond within 45 days (extendable by an additional 45 days with notice).
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7. Prohibited Uses
Plain English Summary: Don't use our Site or Services to do anything illegal, harmful, or deceptive. Common sense stuff: no spam, no fraud, no impersonation, no attempts to hack or reverse engineer our systems.
You agree not to use the Site or Services to:
(a) Violate any applicable local, provincial, federal, or international law or regulation, including PIPEDA, CASL, TCPA, GDPR, or anti-fraud laws;
(b) Conduct campaigns targeting individuals who have not provided valid express consent to receive commercial electronic messages, or who have previously unsubscribed or opted out;
(c) Engage in any form of deceptive, misleading, or fraudulent communication with end recipients of AI-generated messages;
(d) Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
(e) Transmit, distribute, or store any content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable;
(f) Attempt to gain unauthorized access to NighthawkAI's systems, networks, or data, or to disrupt the integrity or performance of any NighthawkAI service;
(g) Use automated means to access, scrape, or extract data from the Site without prior written authorization;
(h) Reverse engineer, decompile, or disassemble any technology underlying the Site or Services;
(i) Use the Services to promote, facilitate, or conduct any activity that violates consumer protection laws, including misleading advertising or deceptive sales practices;
(j) Provide false or misleading information to NighthawkAI during onboarding or in connection with any Service Agreement;
(k) Use the Services in any manner that could damage NighthawkAI's reputation or interfere with other clients' use of NighthawkAI's services.
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8. SMS and AI-Generated Communications
Plain English Summary: Our AI systems send SMS messages on your behalf to your contacts. These are automated messages. You (the client) are legally responsible for ensuring your contacts have consented to receive them. We'll always include opt-out language as required by law, and we'll honor unsubscribes promptly.
Nature of AI Communications: The Services involve the deployment of artificial intelligence systems that generate and send automated SMS communications and other electronic messages on behalf of Client businesses. Recipients interact with an AI, not a human representative of NighthawkAI or the Client. AI-generated responses are based on pre-approved messaging frameworks and machine learning models.
Client Authorization: By engaging the Services and approving campaign scripts during onboarding, you authorize NighthawkAI to deploy AI-generated communications to the contacts in your database on your behalf. You are the sender of record for all such communications for legal and regulatory purposes.
Opt-Out Compliance: NighthawkAI's SMS systems include automated opt-out mechanisms as required by CASL, TCPA (where applicable), and applicable carrier regulations. Opt-out requests from recipients will be honored promptly. NighthawkAI will notify you of opt-outs received and will suppress opted-out contacts from future campaigns.
AI Limitations Disclosure: You acknowledge that AI-generated communications may occasionally produce unexpected or imperfect responses. NighthawkAI monitors and refines AI system performance on an ongoing basis, but cannot guarantee that every AI-generated message will be perfectly appropriate in every context. You agree to review campaign performance and notify NighthawkAI promptly of any recipient complaints or concerns.
Carrier and Platform Compliance: NighthawkAI's SMS services are subject to the terms and acceptable use policies of third-party SMS carriers and platforms. Changes to carrier policies may affect campaign delivery. NighthawkAI will use reasonable efforts to maintain compliance with evolving carrier requirements.
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9. Disclaimers and Limitation of Liability
Plain English Summary: We do our best to deliver great results, but we can't make guarantees about specific revenue outcomes or uninterrupted service. Our legal liability to you is capped at the fees you actually paid us in the 12 months before any claim. Some jurisdictions don't allow certain liability limits, so those rules may override this section where applicable.
"AS IS" Disclaimer: THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NIGHTHAWKAI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
No Revenue Guarantee: NIGHTHAWKAI MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING SPECIFIC REVENUE OUTCOMES, CONVERSION RATES, LEAD QUALITY, OR BUSINESS RESULTS FROM USE OF THE SERVICES. ALL PERFORMANCE EXAMPLES AND CASE STUDIES ON THE SITE ARE ILLUSTRATIVE AND NOT GUARANTEES OF FUTURE PERFORMANCE.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NIGHTHAWKAI'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO NIGHTHAWKAI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR CAD $500, WHICHEVER IS GREATER.
Exclusion of Consequential Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIGHTHAWKAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF NIGHTHAWKAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdictional Limitations: Some jurisdictions do not permit the exclusion or limitation of certain warranties or damages. To the extent such limitations are not permitted in your jurisdiction, those limitations apply only to the maximum extent permitted by applicable law. Nothing in these Terms limits liability that cannot be excluded or limited by applicable Canadian law.
Force Majeure: NighthawkAI shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, government actions, strikes, civil disturbances, power or internet outages, SMS carrier outages, or third-party platform failures.
Third-Party Services: NighthawkAI's Services depend on third-party platforms and services (including SMS carriers, CRM integrations, and AI infrastructure providers). NighthawkAI is not responsible for any disruption, failure, or change in third-party services that affects campaign delivery.
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10. Indemnification
Plain English Summary: If someone sues NighthawkAI because of something you did — like using a contact list you didn't have permission to use, or violating a law in your jurisdiction — you agree to cover our legal costs and any resulting damages. This protects us both from the consequences of your business decisions.
You agree to defend, indemnify, and hold harmless NighthawkAI, its officers, directors, employees, contractors, agents, licensors, and successors ("Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
(a) Your use of the Site or Services, including any campaign conducted on your behalf;
(b) Your breach of these Terms or any applicable Service Agreement;
(c) Your violation of any applicable law or regulation, including CASL, TCPA, PIPEDA, GDPR, or consumer protection laws;
(d) Your failure to obtain valid consents from contacts in your database prior to engaging NighthawkAI to contact them;
(e) Any claim by a third party (including your customers, leads, or regulators) arising from a campaign conducted using your database or Client Content;
(f) Any misrepresentation made by you to NighthawkAI or to any third party in connection with the Services.
NighthawkAI reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with NighthawkAI's defense.
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11. Termination
Plain English Summary: You can stop using our Site at any time. For ongoing service engagements, termination is governed by your Service Agreement. We can also suspend or terminate your access if you violate these Terms. When things end, some of these Terms — like IP ownership, liability limits, and indemnification — continue to apply.
Termination by You: You may cease using the Site at any time by simply navigating away. Termination of an active Services engagement is governed by the applicable Service Agreement. In the absence of specific termination provisions in a Service Agreement, either party may terminate with 30 days written notice.
Termination by NighthawkAI: NighthawkAI may suspend or terminate your access to the Site or Services immediately, without notice, if:
(a) You breach any provision of these Terms or any Service Agreement;
(b) NighthawkAI determines, in its sole discretion, that your use of the Services creates legal, regulatory, or reputational risk;
(c) You fail to pay any amounts due and do not cure such failure within 10 days of written notice;
(d) You become insolvent, make an assignment for the benefit of creditors, or become subject to bankruptcy or insolvency proceedings.
Effect of Termination: Upon termination of any Services engagement:
(a) All rights and licenses granted to you in connection with those Services will immediately cease;
(b) You will promptly pay all outstanding fees due to NighthawkAI;
(c) NighthawkAI will cease deploying AI communications on your behalf, and will provide you with a summary of campaign activity upon request;
(d) Client Content in NighthawkAI's possession will be returned or destroyed pursuant to the applicable Service Agreement or, if not specified, within 60 days of termination unless retention is required by law.
Survival: Sections 5 (Intellectual Property), 6 (Data Protection), 9 (Disclaimers and Limitation of Liability), 10 (Indemnification), 11 (Termination), 12 (Dispute Resolution), and 14 (General Provisions) survive termination of these Terms.
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12. Dispute Resolution
Plain English Summary: If we have a disagreement, we'd like to resolve it directly before anyone lawyers up. Give us 30 days to talk it through. If that doesn't work, disputes will be resolved in Saskatchewan, Canada, under Saskatchewan and Canadian federal law.
Informal Resolution First: Before initiating any formal legal proceeding, both parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising under or related to these Terms or the Services through informal negotiation. The party with a concern must provide written notice to the other party describing the dispute and its proposed resolution. The parties will have 30 days from delivery of that notice to attempt to resolve the dispute informally before proceeding to any formal process.
Governing Law: These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the applicable federal laws of Canada, without regard to conflict of law principles.
Jurisdiction and Venue: If informal resolution is unsuccessful, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Saskatchewan sitting in Saskatoon, Saskatchewan, Canada for resolution of any dispute arising under or related to these Terms. Each party waives any objection to the laying of venue in such courts and any objection that such courts are an inconvenient forum.
Exception for Injunctive Relief: Nothing in this Section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.
Limitation Period: Any claim arising under or related to these Terms must be brought within two (2) years of the date the claiming party knew or reasonably should have known of the facts giving rise to the claim, regardless of any applicable statute of limitations that would otherwise apply.
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13. Changes to Terms
Plain English Summary: We may update these Terms from time to time. For significant changes, we'll give you at least 30 days' notice by posting prominently on our Site and (if we have your contact info) by email. Continuing to use our Site or Services after the notice period means you accept the new Terms.
NighthawkAI reserves the right to update or modify these Terms at any time. We will indicate the "Last Updated" date at the top of these Terms whenever changes are made.
For material changes — meaning changes that significantly affect your rights or obligations — NighthawkAI will:
(a) Post a prominent notice on the Site at least 30 days before the changes take effect; and
(b) Where NighthawkAI holds your contact information, send notice to the email address associated with your engagement.
For non-material changes (such as corrections, clarifications, or changes required by law), changes may take effect immediately upon posting.
Your continued use of the Site or Services after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must cease using the Site and may terminate any active Services engagement pursuant to Section 11.
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14. General Provisions
Plain English Summary: Standard legal boilerplate that keeps things sensible: if one part of these Terms is unenforceable, the rest still stands. These Terms are the full agreement between us on these topics. Neither of us creates a partnership, agency, or employment relationship by working together.
Entire Agreement: These Terms, together with any applicable Service Agreement and the Privacy Policy, constitute the entire agreement between you and NighthawkAI with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, representations, and agreements.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.
Waiver: No failure or delay by NighthawkAI in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any particular breach constitutes a waiver of any subsequent breach.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without NighthawkAI's prior written consent. NighthawkAI may assign these Terms or any rights hereunder, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent.
No Agency or Partnership: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and NighthawkAI. Neither party has authority to bind the other in any way.
Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
Electronic Communications: By using the Site or engaging NighthawkAI's Services, you consent to receive communications from NighthawkAI electronically, including by email. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
Language: These Terms are written in English. In the event of any conflict between an English version and a translated version of these Terms, the English version shall prevail.
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15. Contact Us
If you have questions about these Terms of Service, your rights, or NighthawkAI's services, please contact us:
- Company: NighthawkAI
- Email (Legal Notices): [email protected]
- Email (Privacy): [email protected]
- Email (General Support): [email protected]
- Mailing Address: NighthawkAI, Martensville, Saskatchewan, Canada
- Website: www.nighthawkai.ca