Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Akand Group LLC, doing business as NightClerk AI ("NightClerk," "we," "us," or "our"), governing your access to and use of the NightClerk AI platform, including all associated software, APIs, mobile applications, and related services (collectively, the "Service").
By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you are accessing the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Description of Service
NightClerk AI is an agentic guest communication platform designed for independent lodging properties. The Service autonomously handles after-hours guest communications, including:
- Inbound and outbound SMS messaging via Twilio-powered channels
- Voice call handling with AI-driven speech recognition and synthesis
- Online Travel Agency (OTA) message management (Booking.com, Expedia, and others)
- Automated guest review response generation
- Property-specific knowledge base management
- Escalation routing to designated property staff
- Owner-facing dashboard, analytics, and daily digest reports
The Service is intended for use by lodging property owners and operators ("Properties") with typically 10–80 rooms. NightClerk AI is not a property management system and does not replace your existing PMS, OTA accounts, or direct guest relationships.
Eligibility & Accounts
You must be at least 18 years of age and legally capable of entering into contracts to use the Service. The Service is intended for business use by lodging property owners, operators, and their authorized personnel.
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Promptly notifying us of any unauthorized access at support@nightclerk.ai
- Ensuring all users with access to your account comply with these Terms
You may not share account credentials, create accounts by automated means, or misrepresent your identity or property information during registration or onboarding.
Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:
- Send unsolicited commercial messages (spam) or messages unrelated to legitimate guest communications
- Violate any applicable telephone consumer protection laws, including the TCPA
- Impersonate any person or entity or misrepresent your affiliation with any property
- Transmit any content that is unlawful, harmful, threatening, abusive, harassing, or discriminatory
- Interfere with or disrupt the Service infrastructure or connected third-party services
- Reverse engineer, decompile, or attempt to extract source code from any part of the Service
- Use the Service in any way that could expose NightClerk AI to regulatory liability
- Resell, sublicense, or white-label the Service without prior written authorization
NightClerk AI reserves the right to investigate suspected violations and suspend or terminate accounts engaged in prohibited conduct.
Subscription & Billing
Free Trial. We may offer a limited free trial period ("Free Trial") during which the Service is provided at no charge up to a defined message volume threshold (e.g., the first 50 after-hours messages, counted between 9:00 PM and 7:00 AM local property time). Free Trial terms are communicated at signup and may be modified at our discretion with notice.
Paid Plans. Following any Free Trial period, continued use of the Service requires a paid subscription. Subscription fees, billing cycles, and plan details are specified at nightclerk.ai/pricing and are incorporated by reference.
Payment. You authorize us to charge your designated payment method on a recurring basis. All fees are non-refundable except as required by law or expressly stated in our refund policy. Failure to pay may result in suspension or termination of your account.
Taxes. You are responsible for all applicable taxes, duties, and similar charges associated with your use of the Service.
Changes to Fees. We will provide at least 30 days' notice before any increase to subscription fees.
Third-Party Services
The Service integrates with and depends upon third-party services including, but not limited to, Twilio (telecommunications), Deepgram (speech recognition), ElevenLabs (voice synthesis), and various OTA platforms. Your use of these integrations is subject to the respective third-party terms of service.
NightClerk AI is not responsible for the availability, accuracy, or conduct of third-party services. Outages, rate changes, or policy changes by third-party providers may affect Service functionality. We will make commercially reasonable efforts to mitigate such impacts but cannot guarantee uninterrupted third-party service availability.
A2P 10DLC messaging compliance: SMS communications are delivered via registered Twilio campaigns. You agree to use SMS functionality solely for legitimate transactional guest communications and to comply with all applicable carrier and CTIA messaging guidelines.
Intellectual Property
Our IP. The Service, including all software, algorithms, AI models, user interfaces, documentation, and branding, is the exclusive property of Akand Group LLC and is protected by copyright, trade secret, and other intellectual property laws. These Terms do not transfer any ownership rights to you.
Your Content. You retain ownership of all content you upload to the Service, including property information, knowledge base entries, and guest communication data ("Your Content"). By submitting Your Content, you grant NightClerk AI a limited, non-exclusive license to use, process, and transmit Your Content solely as necessary to provide the Service.
Feedback. Any feedback, suggestions, or ideas you provide regarding the Service may be used by NightClerk AI without restriction or compensation to you.
Guest Communications & Escalation
The Service communicates with your guests on your behalf. You acknowledge and agree that:
- You are responsible for ensuring your use of automated guest communications complies with all applicable laws, including the TCPA, CAN-SPAM, and any state or local regulations
- You must configure escalation thresholds and on-call contacts to ensure human oversight is available for emergency situations
- NightClerk AI is not liable for guest dissatisfaction, property damages, or other outcomes arising from automated responses, provided the AI acted within your configured knowledge base and escalation settings
- You will keep your property knowledge base accurate and up to date
- You will promptly respond to escalated communications forwarded by the Service
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
NightClerk AI does not warrant that the Service will meet your specific requirements, that AI-generated responses will always be accurate, appropriate, or free from errors, or that the Service will be available at any particular time or location.
AI-generated content is probabilistic. You assume responsibility for reviewing and, where appropriate, monitoring AI-generated guest communications.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKAND GROUP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO NIGHTCLERK AI IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to indemnify, defend, and hold harmless Akand Group LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Service in violation of applicable law
- Your Content or property information provided to the Service
- Any guest claims arising from communications sent on your behalf
- Your failure to maintain accurate escalation contacts or knowledge base information
Termination
By You. You may terminate your account at any time by contacting us at support@nightclerk.ai. Termination does not entitle you to a refund of prepaid fees.
By Us. We may suspend or terminate your access to the Service immediately, without prior notice, if we determine in our sole discretion that you have violated these Terms, failed to pay applicable fees, or engaged in conduct harmful to NightClerk AI, other customers, or third parties.
Effect of Termination. Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days post-termination, after which it may be permanently deleted. Sections relating to IP, disclaimers, liability, indemnification, and governing law survive termination.
Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to personal jurisdiction in such courts.
Before initiating formal legal proceedings, you agree to contact us at legal@nightclerk.ai to attempt to resolve the dispute informally within 30 days.
Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least 14 days' notice via email to the address associated with your account or via a prominent in-app notice. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
Contact
For questions about these Terms, please contact:
Akand Group LLC d/b/a NightClerk AI
Email: hello@nightclerk.ai
Support: hello@nightclerk.ai