Termeni de Serviciu

Nightcap este destinat exclusiv utilizatorilor care au 18 ani sau mai mult (sau vârsta majoratului în jurisdicția ta, oricare dintre acestea este mai mare). Accesând sau utilizând Nightcap, declari şi garantezi că îndeplineşti această cerință de vârstă. Dacă nu îndeplineşti cerința minimă de vârstă, nu trebuie să accesezi sau să utilizezi serviciul.

By accessing or using Nightcap, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not use the service.

Nightcap provides a random video and text chat platform that connects users with other users. The service is 18+. People who want a regular conversation are matched only with each other. If a camera is uncovered, that person is matched only with others in the same group, so the two groups never mix. Child sexual abuse material and anything involving minors is never allowed in either group. The service is provided "as is" and "as available." We do not guarantee the availability, reliability, or quality of any connection or interaction.

While you wait to be matched with another person, you may be connected to an AI chat companion instead. See Section 5 ("AI chat companions") below.

You agree not to use Nightcap to:

• Create, distribute, or transmit any child sexual abuse material (CSAM) or any content depicting the exploitation of minors
• Display nudity in the regular chat group. Nightcap matches two groups separately: people chatting with cameras covered, and people whose cameras are uncovered. These groups never see each other. Uncovering your camera moves you into the uncovered group. Child sexual abuse material and anything involving minors is never allowed in either group.
• Harass, threaten, stalk, or intimidate any user
• Transmit content that promotes violence, terrorism, or self-harm
• Impersonate another person or entity
• Use the service while under the age of 18
• Record, capture, screenshot, or distribute any content from sessions without the explicit consent of all participants
• Attempt to circumvent bans, rate limits, or any security measures
• Operate bots, scripts, or other automated tools to interact with the service on your behalf (this does not refer to the clearly-labeled AI chat companions Nightcap itself provides — see Section 5)
• Solicit personal information from other users, including names, addresses, phone numbers, or financial information
• Engage in any activity that violates applicable local, state, national, or international law

Violation of this acceptable use policy may result in enforcement action up to and including access restriction, in accordance with the enforcement ladder described in our Community Rules. Violations involving CSAM or underage use are not subject to warnings and are not appealable.

While you are waiting to be matched with another person, Nightcap may connect you to an AI chat companion — a text-only, software-generated conversational partner — to keep the wait from feeling dead. AI companions are always clearly labeled as AI in the interface, and the AI will identify itself as an AI if you ask it directly. AI companions are never presented as real people.

Messages you send to an AI companion are transmitted to our AI provider, Google (Gemini), to generate a response. See our Privacy Policy for details on this data flow. AI companion sessions do not count toward, and are never displayed as part of, our live user counts.

You acknowledge and consent to the use of automated content moderation systems during your use of Nightcap. This includes:

• Automated analysis of video frames using AI-based image recognition to detect prohibited visual content. Frames are periodically captured during sessions and stored for moderation purposes — see the Privacy Policy for retention.
• Automated analysis of text messages using AI-based text moderation to detect prohibited language or content
• Automated enforcement actions — including on-screen warnings, session termination, and temporary or (in severe or repeat cases) longer access restriction — based on the results of automated analysis, following the enforcement ladder described in our Community Rules
• Mandatory reporting of apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) CyberTipline, as required by law

Automated moderation systems may produce false positives. If you believe an enforcement action was made in error, you may submit an appeal through the appeal process. Enforcement actions tied to CSAM or underage use are not appealable.

You may not record, capture, screenshot, livestream, or otherwise reproduce any video, audio, or text content from any session on Nightcap without the explicit, informed consent of all participants in that session. Violation of this provision may result in legal action in addition to account restriction.

Nightcap offers optional one-time paid features: "Boosts" (priority matchmaking) and Live Translate minute packs. By purchasing either, you agree to the following:

• Pricing: Current pricing is displayed on the relevant page at the time of purchase.
• One-time only: Boost and Translate-minute purchases are one-time, non-refundable charges. Nightcap does not offer subscriptions, and nothing auto-renews or auto-charges. Purchased Translate minutes do not expire.
• Stalled Boosts: if a Boost is purchased but its priority-matching benefit can't be delivered (for example, no eligible match is available), Nightcap automatically credits the affected time back rather than requiring a support request.
• Nothing sexual is sold: no paid feature unlocks explicit content, a private/unfiltered mode, or any relaxation of the content rules in Section 4. No such feature exists on Nightcap.
• Payment processing: All payments are processed by Stripe. Your payment information is handled directly by Stripe and is never stored on Nightcap servers.

Nightcap does not claim ownership of any content you transmit through the service. By using Nightcap, you grant us a limited, non-exclusive license to process, analyze, and moderate content transmitted through the service solely for the purposes of operating and improving the service and enforcing these Terms.

To the maximum extent permitted by applicable law, Nightcap and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the service. Nightcap is not responsible for the conduct of any user, whether online or offline. You use the service at your own risk.

Any dispute arising out of or relating to these Terms or your use of Nightcap shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall be conducted on an individual basis; class actions and class arbitrations are not permitted.

You may opt out of this arbitration agreement by sending written notice to legal@nightcap.chat within 30 days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision.

If you believe that content available through Nightcap infringes your copyright, you may submit a notice to our designated DMCA agent at legal@nightcap.chat. Your notice must comply with the requirements of 17 U.S.C. 512(c)(3).

We reserve the right to modify these Terms at any time. Material changes will be communicated via an in-app banner. Continued use of Nightcap after a modification constitutes acceptance of the updated Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Nightcap is not available in every jurisdiction. The service is currently unavailable in some regions (including the United Kingdom) due to local age-assurance requirements we do not yet meet, and this list may change without notice as laws and our compliance posture evolve. In certain U.S. states with age-verification statutes, you must complete 18+ verification (see Section 2 / your Account page) before you can chat. Where the service is unavailable, you will be redirected to an information page rather than the chat product.

Questions about these Terms? Email legal@nightcap.chat