Terms & Conditions

1. Acceptance of Terms

By accessing, registering on, or using Nightwave ("Platform", "Service", "we", "us", or "our"), you confirm that you have read, understood, and agree to be legally bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you ("User", "you") and VB, the individual operator of Nightwave.

If you do not agree to these Terms, you must immediately stop using the Platform. Your continued use of the Platform after any modification to these Terms constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years of age to use Nightwave. By using this Platform, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• Your use of the Platform does not violate any applicable law or regulation in your jurisdiction
• All information you provide is accurate and truthful

If we discover or have reason to believe that you are under 18 years of age, we reserve the right to immediately suspend or permanently terminate your account without notice and without any refund for any active subscription.

3. Nature of the Service

Nightwave is an anonymous real-time chat platform that connects users with other users or AI-powered chat personas for ephemeral conversations. The Platform operates as follows:

• Anonymous Matching: You are matched with other users or AI personas without revealing your real identity
• Ephemeral Conversations: All chat messages are permanently deleted immediately upon session termination — no transcripts are stored on our servers
• Guest Access: Users may access the Platform in guest mode with limited features without creating a registered account
• Registered Access: Users who register via phone number authentication gain access to additional features
• Premium (Wave+) Access: Subscribers gain access to enhanced features as described on the Premium page

4. AI Personas — Important Disclosure

AI personas are deployed when no real users are available in the matching queue, or when you are using the Platform as a guest user. The Platform does not guarantee that any chat partner is a real human. We are not liable for any decisions, emotions, or actions you take based on conversations with AI personas.

5. User Accounts

5.1 Guest Accounts

Guest sessions are temporary and anonymous. Guest session data, including match history and settings, is automatically deleted after 3 days. Guest users are subject to daily match limits. We are not responsible for any loss of data associated with guest sessions.

5.2 Registered Accounts

Registered accounts are created via phone number verification through Firebase Authentication. You are responsible for maintaining the security of your account. Nightwave enforces single-device login — logging in from a new device will terminate all other active sessions. You must not share your account with any other person.

5.3 Account Termination by Us

We reserve the right to suspend or permanently terminate any account at any time, with or without notice, for any reason including but not limited to violation of these Terms. No refund will be issued for the remaining subscription period upon termination due to Terms violations.

6. Acceptable Use Policy

By using Nightwave, you agree that you will not use the Platform to:

• Harass, abuse, threaten, stalk, or intimidate any person
• Share or solicit personally identifiable information of any third party without their consent
• Distribute, upload, or transmit any illegal, harmful, obscene, defamatory, or offensive content
• Solicit sexual content from minors or engage in any conduct that exploits or harms minors
• Impersonate any person, entity, or Nightwave itself
• Use bots, scripts, automated tools, or any non-human means to access or interact with the Platform
• Create multiple accounts to circumvent match limits, bans, or any other Platform restrictions
• Engage in solicitation, advertising, or promotion of any product or service
• Attempt to gain unauthorised access to any part of the Platform or its infrastructure
• Reverse engineer, decompile, or attempt to extract the source code of the Platform
• Violate any applicable local, national, or international law or regulation
• Transmit any content that promotes terrorism, communal violence, or hatred against any group

We reserve the right to remove any content and terminate any account that we determine, at our sole discretion, to be in violation of this Acceptable Use Policy.

7. Content and Conversations

You are solely responsible for all content you transmit through the Platform. You represent and warrant that you own or have the necessary rights to share any content you transmit, and that such content does not violate any third-party rights or applicable law.

Although Nightwave does not store message content after a session ends, you acknowledge that during an active session, messages are temporarily processed to facilitate delivery. We do not monitor, read, or store the content of your conversations beyond what is technically necessary for real-time delivery.

8. Subscriptions and Payments

Wave+ (Premium) subscriptions are offered on a weekly, monthly, or yearly basis. All payments are processed by Razorpay and are subject to Razorpay's terms of service. By subscribing, you authorise Nightwave to charge the applicable subscription fee.

All subscription purchases are final. Please refer to our Refund Policy for complete details. By completing a purchase, you acknowledge that you have read and agreed to our No Refund Policy.

We reserve the right to modify subscription pricing and features at any time. Price changes will be communicated at least 7 days in advance. Your continued subscription after a price change constitutes acceptance of the new pricing.

9. Privacy

Your use of Nightwave is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described in our Privacy Policy.

10. Intellectual Property

All content, design, code, branding, and materials on the Nightwave Platform — including but not limited to the name "Nightwave", the wave logo, UI design, and AI persona names — are owned by VB and are protected under applicable intellectual property laws. You may not reproduce, copy, distribute, or create derivative works from any part of the Platform without prior written permission.

11. Disclaimers

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied. We do not warrant that:

• The Platform will be uninterrupted, error-free, or secure at all times
• Any chat partner is a genuine human being
• Conversations will be free from offensive, harmful, or inappropriate content
• The Platform will meet your personal expectations or emotional needs
• Any information transmitted through the Platform is completely secure from interception

Nightwave is a social entertainment platform. It is not a mental health service, counselling platform, or crisis intervention service. If you are in crisis, please contact a qualified mental health professional or emergency services.

12. Limitation of Liability

To the maximum extent permitted by applicable Indian law, VB and Nightwave shall not be liable for any:

• Indirect, incidental, special, or consequential damages
• Loss of data, profits, revenue, or business opportunity
• Emotional distress, psychological harm, or personal injury arising from use of the Platform
• Actions, content, or conduct of any third-party user or AI persona on the Platform
• Unauthorised access to or alteration of your data
• Interruption or cessation of the Service

In any event, our total cumulative liability to you for any claims arising from your use of the Platform shall not exceed the total amount paid by you to Nightwave in the 30 days immediately preceding the claim.

13. Compliance with Indian Law

Nightwave operates in compliance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. In accordance with applicable law, we may be required to:

• Provide user information to law enforcement agencies upon receipt of a valid court order or government directive
• Remove or disable access to content that is unlawful under Indian law
• Cooperate with government authorities in investigations as required by law

While we provide anonymity as a core feature, this anonymity is subject to the requirements of Indian law. Anonymity does not protect users who engage in illegal activity.

14. Grievance Redressal

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the following Grievance Officer has been designated:

To raise a grievance, send an email to support.nightwave@gmail.com with the subject line "Grievance — [brief description]". Please include your registered phone number (if applicable), a description of your grievance, and any supporting information.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts in India. You waive any objection to such jurisdiction and venue.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page. For significant changes, we will make reasonable efforts to notify registered users via the Platform or email. Your continued use of Nightwave after any changes constitutes your acceptance of the revised Terms.

18. Contact

For any questions, concerns, or notices regarding these Terms, please contact us at support.nightwave@gmail.com. We aim to respond to all queries within 2 business days.