By accessing or using nightbricks.com or any product or service operated under the NightBricks name ("the Service," "we," "us," "our"), you agree to be bound by these Terms of Service in their entirety, including the mandatory dispute resolution and Swiss governing law provisions in Section 9, the limitation of liability in Section 6, and the indemnification obligation in Section 7. If you do not agree to any of these Terms, you must not access or use the Service. You must be at least 18 years of age to use the Service.
You may not:
All content, software, design, trademarks, and other intellectual property embodied in the Service are the exclusive property of NightBricks or its licensors. Nothing in these Terms grants you any ownership right in or licence to any such intellectual property beyond a limited, non-exclusive, non-transferable right to access and use the Service for its intended purpose.
Individual products accessible through the Service may be subject to their own product-specific terms, which supplement these Terms. In the event of conflict, the product-specific terms govern for that product.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.
We reserve the right to modify, suspend, discontinue, or remove any feature or aspect of the Service at any time, with or without notice, without liability to you or any third party.
The Service may contain links to third-party websites or services. We have no control over the content, privacy practices, or availability of those third-party services. Links do not constitute an endorsement. You access third-party services at your own risk and subject to their own terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIGHTBRICKS AND ITS OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF NIGHTBRICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED CHF 100. This limitation applies cumulatively to all claims and all theories of recovery.
You agree to indemnify, defend, and hold harmless NightBricks, its operator, affiliates, and each of their respective officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and fees (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any claim by a third party arising from your use of the Service. This obligation survives termination of your access and these Terms.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST NIGHTBRICKS. All claims must be brought solely in your individual capacity. If this waiver is held unenforceable in your jurisdiction, it shall be severed and the remaining Terms shall remain in full force.
Governing law: These Terms and all disputes or claims arising out of or in connection with them — including non-contractual disputes — are governed exclusively by the substantive laws of Switzerland, in particular the Swiss Code of Obligations (CO). The UN Convention on Contracts for the International Sale of Goods (CISG) and Swiss private international law rules are expressly excluded. Swiss law governs all substantive matters for all users in all jurisdictions without exception.
Mandatory arbitration: All disputes, claims, or controversies arising out of or relating to these Terms or the Service shall be resolved exclusively by final and binding individual arbitration administered by the International Chamber of Commerce (ICC) under its Rules of Arbitration. No user may initiate court proceedings in connection with any such dispute, except for urgent interim relief as described below. By using the Service, you irrevocably waive any right to initiate or participate in court proceedings in any jurisdiction in connection with any such dispute.
The seat of arbitration shall be the jurisdiction designated by the operator at the commencement of proceedings. The arbitration shall be conducted in English by a sole arbitrator applying Swiss substantive law. The award shall be final and binding and enforceable under the New York Convention (1958).
Interim relief: The sole court with jurisdiction to grant urgent injunctive or interim relief is the competent court of the jurisdiction designated by the operator. You irrevocably submit to that court's exclusive jurisdiction for that limited purpose only.
Limitation period: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF ACTION AROSE, OR IT IS PERMANENTLY BARRED.
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, civil unrest, government action, internet or infrastructure outages, or third-party service failures. Our obligations under these Terms are suspended for the duration of any such event.
We may update these Terms at any time. Material changes will be communicated by prominent notice on the Service. Your continued use of the Service after the effective date of any updated Terms constitutes acceptance of the changes.
This Privacy Policy explains how NightBricks ("we," "us," "our") collects, uses, and protects your personal data when you access nightbricks.com. It applies to all users regardless of location. For the purposes of the GDPR and the Swiss nFADP, the operator of nightbricks.com is the data controller. For all privacy inquiries: nightshift@nightbricks.com.
nightbricks.com does not require account registration or payment. We collect only what is incidental to operating the site:
We do not collect your name, postal address, date of birth, payment data, or any special-category data.
We do not use your data for advertising, profiling, or sale to any third party.
We share data only with the following sub-processors to operate the Service:
No other third parties receive your personal data.
Analytics cookies (Google Analytics). With your consent, we use Google Analytics (GA4) to collect anonymised usage data — pages visited, session duration, approximate country-level location. No advertising or cross-site tracking is performed. Analytics cookies are only set after you click Accept in the cookie banner. You may withdraw consent at any time by clicking Decline in the banner; clearing your browser cookies will also remove previously set GA cookies.
Consent preference. Your cookie choice (Accept / Decline) is stored in localStorage under the key nb_consent so the banner does not re-appear on every visit. This value is never transmitted off your device.
No other cookies. We do not set session, authentication, advertising, or any other cookies beyond those described above.
The Service may be operated from servers outside your country of residence. For EU/EEA and Swiss users, data may be transferred to countries without an equivalent level of protection. Where such transfers occur, we rely on Standard Contractual Clauses approved by the European Commission, or equivalent safeguards under Swiss law. You may request a copy of the applicable transfer mechanism by contacting us.
Under the GDPR you have the right to: access personal data we hold about you (Art. 15); rectify inaccurate data (Art. 16); request erasure where no overriding legal basis applies (Art. 17); restrict processing in certain circumstances (Art. 18); receive your data in a portable format (Art. 20); object to processing based on legitimate interest (Art. 21); and withdraw consent where processing is consent-based, without affecting prior processing.
You also have the right to lodge a complaint with your national supervisory authority. A list of EU/EEA authorities is available at edpb.europa.eu. We will respond to verified requests within 30 days; complex requests may be extended by a further 60 days with notice.
Under the Swiss Federal Act on Data Protection (nFADP, in force since 1 September 2023) you have the right to information, rectification, deletion, data portability, and to object to processing based on legitimate interest. You may lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC) at edoeb.admin.ch. We will respond to requests within 30 days.
UK residents have the same rights listed in Section 8 under the UK GDPR and the Data Protection Act 2018. You may lodge a complaint with the Information Commissioner's Office (ICO) at ico.org.uk.
California (CCPA/CPRA): California residents have the right to know what personal information is collected, to request deletion, to correct inaccurate data, to opt out of the sale of personal information — which we do not engage in — and to non-discrimination for exercising these rights. Submit requests to nightshift@nightbricks.com with the subject line "California Privacy Request." We will respond within 45 days.
Other US states: Residents of Virginia, Colorado, Connecticut, Texas, and other states with comprehensive privacy laws have equivalent rights to access, correct, delete, and obtain a portable copy of their personal data. Submit requests to the address above.
We do not sell personal information as defined under any US state privacy law and do not share personal information for cross-context behavioural advertising.
We implement reasonable technical and organisational measures to protect personal data, including TLS 1.2 or higher for all data in transit and access controls restricting data to operational personnel. No method of data transmission or storage can be guaranteed unconditionally secure. In the event of a personal data breach posing a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours and affected users without undue delay, as required by GDPR Art. 33–34 and nFADP Art. 24.
The Service is intended exclusively for adults aged 18 or older. We do not knowingly collect personal data from minors. If you believe a minor has used the Service, contact us and we will take appropriate action.
We may update this Privacy Policy at any time. Material changes will be communicated by prominent notice on the Service and the effective date above will be updated. Continued use of the Service after the effective date constitutes acceptance.
For all privacy inquiries and data subject requests: nightshift@nightbricks.com. We aim to acknowledge all requests within 5 business days and respond within the timeframes required by applicable law.