Last updated: June 2026
By accessing or using the Nightdesk platform and services ("Service"), operated by Nightdesk at nightdesk.cc, you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.
You must be at least 18 years old to use this Service. The current version of these Terms is always available at nightdesk.cc/terms. If you do not agree, do not access or use the Service.
Nightdesk is a software-as-a-service (SaaS) revenue intelligence platform for independent hotel, hostel, and short-term rental operators. The Service includes daily morning brief emails, 90-day occupancy and revenue forecasting, rate recommendations with supporting rationale, anomaly detection alerts, and CSV/XLSX data import.
The Service is provided on a best-efforts basis. We do not guarantee specific uptime or uninterrupted access and are not liable for losses resulting from outages or interruptions.
To use the Service, you must create an account. You agree to provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account, whether or not authorized by you.
Notify us immediately at support@nightdesk.cc if you suspect unauthorized access. Each account is for a single operator or business entity. You may not share access credentials with others or resell access to the Service.
Billing: Fees are charged monthly in advance. Payments are processed by Stripe. Your subscription automatically renews each month until you cancel.
Refund policy: New subscribers may request a full refund within 14 days of their first charge by contacting support@nightdesk.cc. After 14 days, fees are non-refundable.
Cancellation: Cancel any time via account settings or by emailing support@nightdesk.cc. Cancellation takes effect at the end of your current billing period. No further charges will be made.
Price changes: We will give at least 30 days written notice before changing subscription pricing.
You retain full ownership of all data, files, and content you upload to the Service ("Operator Data"). By uploading Operator Data, you grant Nightdesk a limited license to process, store, and analyze that data solely to provide the Service to your account. This license ends when you delete your data or close your account.
We do not sell your Operator Data to third parties. We do not use your Operator Data to train machine learning or AI models. If this changes in the future, we will provide advance notice and an opportunity to opt out.
Upon account cancellation, we will delete your Operator Data within 90 days unless legally required to retain it longer.
Rate recommendations, occupancy forecasts, and revenue projections generated by Nightdesk are for informational purposes only. They are analytical outputs based on your historical data, intended to support your decision-making -- not replace it.
Nightdesk makes no representation or guarantee that following any rate recommendation or forecast will result in any particular revenue outcome, occupancy level, or business result.
All pricing and operational decisions are made solely at your discretion. Nightdesk is not liable for any revenue loss, missed bookings, or other business consequences arising from decisions you make based on the Service. Market conditions and external factors are inherently unpredictable.
You agree not to:
Nightdesk and its licensors own all right, title, and interest in and to the Service, including all software, algorithms, forecasting models, user interface elements, trademarks, and documentation. These Terms do not transfer any ownership of Nightdesk intellectual property to you.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your active subscription, solely for your internal business operations as a hospitality operator.
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.
GDPR (EEA and UK Residents): Our legal basis for processing your personal data is the performance of our contract with you. You have the right to access, correct, delete, restrict, or port your personal data, and to object to processing. Contact support@nightdesk.cc to exercise these rights. You may also contact your local data protection authority.
CCPA (California Residents): You have the right to know what personal information we collect, the right to delete it, and the right to opt out of the sale of your personal information. We do not sell personal information. Contact support@nightdesk.cc to exercise your rights.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIGHTDESK DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NIGHTDESK'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNTS YOU PAID TO NIGHTDESK IN THE 12 MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL NIGHTDESK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA. Nightdesk is not liable for delays or failures caused by events outside its reasonable control, including natural disasters, pandemics, government actions, or third-party service outages.
You agree to indemnify, defend, and hold harmless Nightdesk and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your Operator Data; (c) your violation of these Terms; or (d) your violation of any third-party rights.
By you: Cancel your subscription any time through account settings or by emailing support@nightdesk.cc. See Section 4 for refund eligibility.
By us: We may suspend or terminate your access for violations of these Terms or conduct harmful to other users, Nightdesk, or third parties. We will generally provide notice except in cases of serious violations.
Upon termination, your access ceases and we will delete your Operator Data within 90 days. Sections 5, 6, 8, 10, 11, 13, and 15 survive termination.
Informal resolution: Before filing any formal dispute, contact us at support@nightdesk.cc with a written description of the issue. We will attempt to resolve it within 30 days.
Binding arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in Rhode Island, United States. The arbitrator's decision is final and binding.
Class action waiver: YOU AND NIGHTDESK EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.
Opt-out: You may opt out of binding arbitration within 30 days of account creation by emailing support@nightdesk.cc with subject "Arbitration Opt-Out."
These Terms are governed by the laws of the State of Rhode Island, United States, without regard to its conflict of law provisions.
We may update these Terms from time to time. For material changes, we will provide at least 14 days advance notice by email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you disagree, cancel your account before the changes take effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Nightdesk regarding the Service. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in full force.
You may not assign your rights under these Terms without our prior written consent. Nightdesk may assign these Terms in connection with a merger or acquisition. Our failure to enforce any provision is not a waiver of the right to enforce it later.
Questions about these Terms? support@nightdesk.cc