Terms & Conditions

By accessing, downloading, registering for, or using Nightstand in any way, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional guidelines or rules applicable to specific features.

If you do not agree to all of these terms, you are not permitted to use the service and must immediately cease any use.

Nightstand is a personal safety and local social discovery platform. Our services include, but are not limited to:

• In-app messaging and call services
• Panic alerts and emergency contact notification
• Lost and stolen device reporting and tracking assistance
• Location sharing features
• Safety assistance tools and community reporting

Nightstand is not a law enforcement agency, emergency response provider, insurance company, or government authority. It does not replace official emergency services and must not be relied upon as such.

You must be at least 18 years of age to create an account or use Nightstand. By registering, you represent and warrant that you are 18 or older.

If we discover that a user is under 18, we will immediately suspend or permanently delete that account and all associated data, without prior notice.

By using Nightstand you also confirm that:

• You have the legal capacity to enter into a binding agreement under the laws of your jurisdiction.
• You are not prohibited from using the service by any applicable law.
• You are not on any government-issued list of prohibited or restricted persons.

You agree to:

• Provide accurate, current, and complete information at registration and keep it up to date.
• Keep your account credentials confidential and notify us immediately if you suspect unauthorised access.
• Use Nightstand only for lawful purposes and in compliance with all applicable laws and regulations.
• Respect the rights, dignity, and safety of other users.
• Submit only genuine incident reports and emergency alerts.

You may not:

• Submit false, misleading, or fabricated emergency reports or panic alerts.
• Harass, threaten, stalk, intimidate, or abuse any person.
• Impersonate another person or organisation, or misrepresent your identity.
• Attempt to gain unauthorised access to any part of the platform, its servers, or any related systems.
• Use the platform for any commercial solicitation, spam, or unsolicited communications.
• Scrape, copy, or reverse-engineer any part of the platform.
• Use the platform for any unlawful, harmful, or fraudulent purpose.

Nightstand may allow you to post, upload, transmit, or share content including messages, images, incident reports, and profile information ("User Content"). You retain ownership of your User Content, but by submitting it you grant Nightstand a non-exclusive, worldwide, royalty-free, sublicensable licence to use, store, reproduce, and display that content solely to the extent necessary to operate and improve the service.

You are solely responsible for your User Content. You warrant that:

• You own or have the necessary rights and permissions to submit the content.
• The content does not infringe any third-party intellectual property, privacy, or other rights.
• The content does not contain unlawful, defamatory, obscene, or harmful material.

Nightstand reserves the right to review, remove, or disable any User Content that violates these Terms or that we determine, in our sole discretion, is harmful to users or the platform.

To report content or a user you believe violates these Terms, please contact support@nightstand.co.za or use the in-app reporting feature.

The Panic Button feature is designed to notify persons and/or organisations selected by the user when assistance may be required.

Nightstand does not guarantee:

• Delivery of panic notifications.
• Response times or the availability of the selected contacts.
• Continuous or uninterrupted service availability.
• That the feature will function correctly if your device has no internet or cellular connectivity.

Nightstand may assist users in reporting and locating lost or stolen devices using the information available through the platform.

Nightstand does not guarantee:

• Successful tracking or pinpointing of any device.
• Recovery of your device.
• Identification of any offender.
• Any specific law enforcement action or outcome.

Users must co-operate with law enforcement directly in the event of theft. Nightstand is a reporting tool and not an investigative or law enforcement authority.

Certain Nightstand features require access to your device's location. By enabling location services for Nightstand, you consent to the collection, processing, and use of your location data to the extent necessary to provide those features.

You may withdraw your consent at any time by disabling location permissions in your device settings, but doing so may limit the functionality of location-dependent features.

Location data is handled in accordance with our Privacy Policy and applicable law, including the Protection of Personal Information Act, 2013 (POPIA).

Nightstand integrates with and relies on third-party services to deliver certain features, including but not limited to cloud hosting, SMS and communication gateways, mapping services, and payment processors.

These third parties have their own terms of service and privacy policies. Nightstand is not responsible for the practices of any third-party provider. By using Nightstand you acknowledge that your use of features powered by third-party services may be subject to those providers' terms.

Links or integrations to external services do not constitute Nightstand's endorsement of those services.

Nightstand processes your personal information in accordance with applicable privacy laws, including the Protection of Personal Information Act, 2013 (POPIA) where applicable.

We retain your personal information for as long as your account is active or as necessary to provide you with our services. Upon account deletion:

• Your profile and personal data will be removed from our active systems within 30 days of the deletion request.
• Certain data may be retained for longer periods where required by law, for fraud prevention, dispute resolution, or the enforcement of our agreements.
• Anonymised or aggregated data that cannot reasonably identify you may be retained indefinitely for analytics and platform improvement.

For full details on what we collect, how we use it, and your rights, please refer to our Privacy Policy.

To exercise your POPIA rights (access, correction, or deletion), contact us at privacy@nightstand.co.za.

All intellectual property rights in and to the Nightstand platform, including its name, logo, design, software, text, graphics, and other content created or provided by Nightstand ("Nightstand Content"), are owned by or licensed to Nightstand (Pty) Ltd. All rights are reserved.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Nightstand Content without our prior written consent.

Nothing in these Terms grants you any ownership in or licence to Nightstand Content beyond the limited right to use the platform in accordance with these Terms.

Nightstand strives to provide a reliable and consistent service. However, we do not guarantee uninterrupted availability. The service may be temporarily interrupted by:

• Scheduled or emergency maintenance.
• Server, network, or infrastructure outages.
• Events outside our reasonable control (force majeure).

We will endeavour to notify users of significant planned downtime in advance where possible.

To the maximum extent permitted by applicable law, Nightstand, its directors, employees, partners, and agents shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages.
• Losses, injuries, or damages arising from delayed, failed, or undelivered notifications.
• Unsuccessful device recovery or tracking.
• Interruptions, errors, or unavailability of the platform.
• Actions or omissions of third-party emergency services or contacts notified via the platform.

Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of Nightstand shall not exceed the amount you paid us (if any) in the three months prior to the event giving rise to the claim.

Nightstand reserves the right to suspend, restrict, or permanently terminate your account at any time, with or without notice, if we reasonably determine that you have:

• Violated any provision of these Terms.
• Provided false or misleading information.
• Engaged in conduct harmful to other users or the platform.
• Abused platform features, including submitting false emergency reports.

You may also delete your own account at any time through the in-app settings. Upon termination by either party, your right to use Nightstand ceases immediately.

We may update these Terms from time to time to reflect changes in our services, legal requirements, or for other reasons. We will notify users of material changes via in-app notification or email.

Your continued use of Nightstand after any changes take effect constitutes your acceptance of the revised Terms. The "Last Updated" date at the top of this page indicates when changes were most recently made.

If you do not agree to the revised Terms, you must stop using the service and may delete your account.

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict-of-laws principles.

Any dispute arising out of or in connection with these Terms shall first be referred to mediation. If mediation fails, the matter shall be submitted to the jurisdiction of the South African courts.