Terms of Service

Effective Date: 1/30/25

Welcome to NightOwl (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website Nightowl.business, (the “Site”) and the services we provide, including but not limited to the sale of custom profile pictures, apparel, and other related products. By accessing or using our Site and services, you agree to be bound by these Terms. Please read them carefully.

Acceptance of Terms

By using our Site and services, you agree to comply with and be legally bound by these Terms. If you do not agree to these Terms, please do not use our Site. We reserve the right to modify these Terms at any time, and changes will be posted on this page with an updated 1/30/25. Your continued use of the Site after any changes indicates your acceptance of the updated Terms.

Use of Our Website and Services

You agree to use our Site and services only for lawful purposes and in a manner that does not infringe upon the rights of others or interfere with the operation of the Site. You may not:

Use the Site for any illegal or unauthorized purpose.
Attempt to gain unauthorized access to any portion of the Site, servers, or networks.
Use any automated systems or software to access or scrape data from the Site without permission.
Products and Services

We offer custom profile pictures, apparel, and other products primarily generated using artificial intelligence (AI). Our AI-driven designs are inspired by anime art styles but are entirely original creations. We do not copy any specific anime characters. We want to make it clear that we are transparent about our use of AI and that it is a significant part of our creative process.

All of our custom products are made to order and are fulfilled through dropshipping services, primarily by vendors such as Printful and Tapstich (USA Fulfillment Only). Please note that we are not responsible for any issues that may arise with the fulfillment process through these vendors.

No Returns or Refunds

Due to the custom nature of our products, we do not accept returns or exchanges unless the item is damaged or broken upon arrival. If your item arrives damaged, please contact us within 14 days of receiving the product, and provide proof of the damage (such as photographs of the item and packaging). Once verified, we will either offer a replacement or store credit.

We do not offer refunds for any products that are not damaged, and we do not accept returns for any reason other than damage during shipping.

Dropshipping and Vendor Liability

We utilize dropshipping methods to fulfill orders quickly and efficiently. While we only partner with highly rated and reputable vendors like Printful and Tapstich, we are not liable for any damage or issues that may occur during the fulfillment and shipping process. These vendors are responsible for the production and shipment of the products.

By placing an order with us, you acknowledge that we are not responsible for any issues with products caused by vendors, shipping delays, or any damage that may occur during transit. However, we strive to ensure quality by vetting all vendors and only using those with top ratings.

Pricing and Payment

All prices on the Site are listed in [Currency] and are subject to change without notice. We accept payments via Stripe, Google Pay, Apple Pay etc. You agree to provide accurate and complete payment information when making a purchase. We are not responsible for any errors in payment processing.

Intellectual Property

All content on the Site, including but not limited to logos, designs, text, images, and graphics, is the property of [Your Company Name] or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use any of the content without prior written consent from NightOwl.

Limitation of Liability

To the fullest extent permitted by law, NightOwl and its affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the Site, the purchase of products, or any other aspect of our services. We do not guarantee the accuracy or availability of the Site or that it will be free of errors or interruptions.

By using the Site, you agree to indemnify and hold harmless NightOwl, its affiliates, and its vendors from any claims, losses, or damages arising out of your use of the Site or products.

Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which can be found [here]. By using the Site, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.

Disputes and Governing Law

Any disputes related to these Terms or your use of the Site shall be governed by the laws of United States of America, Califorina, without regard to its conflict of law provisions. Any legal action arising from these Terms will be filed in the courts located in California, and you consent to the jurisdiction of such courts.

Contact Us

If you have any questions or concerns regarding these Terms, your orders, or our services, please contact us at:

NightOwl
contact@nightow.business
‪(909) 206-5178‬

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