Terms of Service

Please read these terms carefully before using our services

This is the terms and conditions for Nightwing Digital Solutions Co., Ltd.

Last Updated: 01/01/2025

Interpretation and Definitions

We may collect the following types of data when you use the Service:

1.1 Interpretation Capitalized terms herein are defined under the conditions below. Definitions apply irrespective of singular/plural form.

1.2 Definitions

  • Affiliate: Entity controlling, controlled by, or under common control (ownership ≥50% shares/voting rights) with Nightwing Digital Solutions Co., Ltd.
  • Account: Unique profile enabling access to the Service.
  • Country: Thailand.
  • Company: Nightwing Digital Solutions Co., Ltd., 46/479 Soi 4 Vibhavadi-Rangsit Rd., Prachauthit 12, Don Muang, 10210 Bangkok ("We," "Us," "Our").
  • Content: Text, images, data, code, audio, video, or material uploaded/posted by Users.
  • Device: Hardware (e.g., computer, smartphone, tablet) accessing the Service.
  • Service: Digital solutions, tools, websites (https://nightwingdigital.co), apps, APIs, SaaS products, and related services.
  • Terms: This legally binding agreement governing Service use.
  • Third-Party Services: External platforms, APIs, or content integrated with/accessible via Our Service.
  • Website: https://nightwingdigital.co and subdomains.
  • You: Individual/entity accessing/using the Service.

Acknowledgment

By accessing/using the Service, You:

  • Confirm You are ≥18 years old. Minors prohibited from use.
  • Agree to comply with these Terms, Privacy Policy (https://nightwingdigital.co/privacy), and all applicable laws.
  • Accept responsibility for all activities under Your Account.
  • Acknowledge We may modify Terms at any time (Section 17).

Failure to agree with any provision prohibits Service use.

User Accounts

3.1 Registration Requirements

  • Provide accurate, current, and complete information during registration.
  • Promptly update details to maintain accuracy.
  • Use a secure password and enable multi-factor authentication (if available).

3.2 Account Security

  • You are solely responsible for password security and all activities under Your Account.
  • Notify Us immediately at info@nightwingdigital.co of unauthorized access or breaches.
  • We reserve the right to suspend/terminate Accounts with suspicious activity.

3.3 Prohibited Usernames

Usernames must not:

  • Infringe trademarks, intellectual property (IP), or privacy rights.
  • Contain offensive, vulgar, or impersonating language.
  • Mislead others about Your identity/affiliations.

3.4 Account Inactivity

Accounts inactive for ≥12 months may be deactivated. Prior notice will be sent via registered email.

Content

4.1 User-Generated Content (UGC)

  • You retain ownership of UGC but grant Us a global, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, and display UGC in connection with the Service.
  • Warrant that UGC:
    • Does not violate laws, third-party rights, or these Terms.
    • Is free of malware, spyware, or harmful code.
    • Complies with Our Acceptable Use Policy (Section 5).

4.2 Content Moderation

We reserve the right to:

  • Screen, edit, or remove UGC violating these Terms.
  • Disclose UGC to law enforcement if required.
  • Ban repeat offenders from the Service.

4.3 Prohibited Content

UGC must not include:

  • Illegal Content: Fraudulent activity, hate speech, terrorism, child exploitation, defamation, or threats.
  • Discriminatory Material: Targeting race, religion, gender, disability, ethnicity, or sexual orientation.
  • Spam: Unsolicited ads, phishing, pyramid schemes, or chain letters.
  • Malware: Viruses, ransomware, or code disrupting Service functionality.
  • IP Violations: Unauthorized use of copyrighted/trademarked material.
  • False Information: Misleading claims, fake reviews, or impersonation.

4.4 Content Backups

  • Regular backups are performed, but We do not guarantee data integrity.
  • Maintain independent copies of critical Content.

Acceptable Use Policy

5.1 Service Restrictions

You agree not to:

  • Reverse-engineer, decompile, or exploit vulnerabilities in the Service.
  • Overload servers via DDoS attacks, bots, or excessive API calls.
  • Scrape data without prior written consent.
  • Bypass geographic restrictions or access controls.

5.2 Ethical Standards

  • Use the Service only for lawful purposes.
  • Respect privacy and intellectual property rights of others.
  • Report violations to info@nightwingdigital.co.

Intellectual Property

6.1 Ownership

  • We retain all rights to the Service's software, logos, trademarks, patents, and design elements.
  • Third-party IP (e.g., fonts, APIs) is licensed to Us and governed by separate agreements.

6.2 Copyright Claims

Submit DMCA notices to info@nightwingdigital.co with:

  • Physical/electronic signature of rights holder.
  • Description of infringed work and infringing material's URL.
  • Contact details and a statement of good faith.

We will respond within 30 days and remove non-compliant Content.

6.3 Counter-Notice

If Your Content is wrongly removed, submit a counter-notice with:

  • Identification of removed Content.
  • Statement under penalty of perjury of Your ownership.
  • Consent to jurisdiction in Thailand.

Third-Party Services

  • The Service may integrate with external platforms (e.g., payment gateways, social media).
  • We are not responsible for third-party content, privacy practices, or outages.
  • Review third-party terms before engagement.

Termination

8.1 By Us

We may terminate/suspend Accounts for:

  • Breach of Terms.
  • Fraudulent or harmful conduct.
  • Legal/regulatory compliance requirements.

8.2 By You

Discontinue Service use or request deletion at info@nightwingdigital.co.

8.3 Post-Termination

  • All licenses terminate immediately.
  • UGC may be retained in backups for ≤90 days.

Limitation of Liability

  • Our maximum liability is limited to fees paid by You in the prior 12 months or ฿5,000 THB (whichever is higher).
  • Exclusions: Liability for indirect, punitive, or consequential damages (e.g., data loss, business interruption).
  • Force Majeure: Not liable for delays/cancellations due to natural disasters, wars, or pandemics.

Disclaimer of Warranties

  • The Service is provided "as is" without warranties of merchantability, fitness, or non-infringement.
  • We do not guarantee uninterrupted, error-free, or virus-free operation.

Governing Law & Disputes

  • Jurisdiction: Governed by Thai law. Disputes resolved in Bangkok courts.
  • Mediation: Parties agree to mediate disputes via the Thai Arbitration Institute before litigation.
  • Class Action Waiver: Claims must be pursued individually.

International Compliance

12.1 EU Users

GDPR rights apply. See Privacy Policy for data access/deletion requests.

12.2 U.S. Sanctions

Prohibited from use if listed on OFAC/SDN lists or residing in embargoed countries.

Severability & Waiver

  • If a provision is invalid, remainder of Terms remains enforceable.
  • Failure to enforce a right does not waive future enforcement.

Amendments

Material changes notified via email 30 days prior. Continued use constitutes acceptance.

Contact Us

For questions or complaints:

  • Email: info@nightwingdigital.co
  • Mail: Nightwing Digital Solutions Co., Ltd., 46/479 Soi 4 Vibhavadi-Rangsit Rd., Don Muang, 10210 Bangkok

Miscellaneous

  • Entire Agreement: Supersedes prior agreements.
  • Survival: Sections 6 (IP), 9 (Liability), 10 (Disclaimer), and 11 (Governing Law) survive termination.
  • Language: English version prevails over translations.