Terms of Service
These Terms of Service ("Terms") govern your access to and use of the NOCturnal network monitoring platform, including the NOCturnal web dashboard (app.nocturnal247.com), the NOCturnal marketing site (nocturnal247.com), and the NOCturnal iOS and Android mobile applications (collectively, the "Service"). The Service is provided by Network Intelligence, LLC ("Network Intelligence," "we," "us," or "our").
By creating an account, signing in, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and have the legal authority to enter into a binding agreement to use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. The Service
NOCturnal is a business-to-business (B2B) network monitoring platform that polls network endpoints you configure, records uptime and latency data, and delivers alerts about state changes. The Service is intended for IT operations professionals, managed service providers, and network operations teams.
We may add, modify, or remove features at any time. We will give reasonable notice of material changes that materially reduce Service functionality for paying users.
3. Account Registration and Security
- You must provide accurate registration information and keep it up to date.
- You are responsible for all activity that occurs under your account. Keep your password and any API tokens secret.
- Notify us immediately at support@nocturnal247.com of any unauthorized use of your account.
- If you are an administrator for an organization's tenant, you are responsible for the conduct of users you invite to that tenant.
4. Subscriptions, Billing, and Trials
4.1 Free trial
New tenants may be offered a free trial of a paid plan. At the end of the trial, you must select and pay for a paid plan to continue using paid features, or your account may be downgraded or suspended.
4.2 Paid plans
Paid plans are billed in advance on a monthly or annual basis via Stripe, our payment processor. You authorize us (through Stripe) to charge your payment method automatically at the beginning of each billing cycle.
4.3 Price changes
We may change subscription prices. We will give at least 30 days' notice before any price change takes effect for your account. If you do not agree, you may cancel before the change takes effect.
4.4 Cancellation
You can cancel at any time through your account settings or by emailing support. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods except where required by law.
4.5 Mobile app purchases
The NOCturnal mobile app is offered as a free download. All paid subscriptions are managed through the web platform, not through Apple's in-app purchase or Google's in-app billing systems.
5. Acceptable Use
You agree NOT to use the Service to:
- Monitor endpoints you do not own or do not have explicit authorization to monitor
- Conduct unauthorized port scanning, vulnerability scanning, penetration testing, or other intrusive probing against third-party systems
- Violate any applicable law, regulation, or third-party right (including export controls and intellectual property)
- Interfere with or disrupt the Service or any other user's enjoyment of it
- Reverse engineer, decompile, or attempt to extract source code from the Service except where expressly permitted by law
- Use the Service to send unsolicited communications, spam, or harassment
- Resell, sublicense, or redistribute the Service without our written permission
You are solely responsible for ensuring you have authorization to monitor every endpoint you configure. We may suspend or terminate your account if we reasonably believe you have violated this section.
6. Your Data
You own the data you put into the Service (hostnames, IP addresses, configuration, notes). You grant Network Intelligence a limited license to process that data solely for the purpose of providing and improving the Service.
We do not sell, license, or share your monitoring data with third parties except as described in our Privacy Policy.
7. Intellectual Property
The Service, including its software, design, logos, and brand ("NOCturnal", the eagle logo, and related marks), is owned by Network Intelligence and protected by U.S. and international intellectual property laws. These Terms do not transfer any ownership of the Service to you.
We grant you a non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.
8. Third-Party Services
The Service integrates with third-party providers including Stripe (payments), Apple Push Notification Service / Google Firebase Cloud Messaging (push delivery), and Hetzner (hosting). Your use of those providers is governed by their own terms and privacy policies. We are not responsible for the acts or omissions of third-party providers.
9. Service Availability
We aim for high availability but do not guarantee that the Service will be uninterrupted, error-free, or completely secure. Scheduled maintenance, upstream provider outages, and unforeseen events may cause temporary unavailability.
NOCturnal is a monitoring tool, not a substitute for independent verification or redundancy in your own infrastructure. You should not rely solely on the Service for life-safety or mission-critical alerting.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NETWORK INTELLIGENCE DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETWORK INTELLIGENCE AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify and hold Network Intelligence harmless from any claim, demand, damage, or expense (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party right (including any claim that an endpoint you monitored did not authorize such monitoring).
13. Termination
You may terminate your account at any time via the in-app Delete Account function or by emailing support. We may suspend or terminate your account if you violate these Terms, fail to pay fees, or use the Service in a manner that exposes us to legal or operational risk. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Sections 6–12, 14) will survive.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of those courts.
The parties waive any right to a jury trial. Class actions and class arbitration are not permitted; each party may bring claims against the other only in an individual capacity.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be announced via in-app notice or email at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. Contact Us
Questions about these Terms can be sent to:
Network Intelligence, LLC
legal@nocturnal247.com
support@nocturnal247.com