Terms of service

1. Who we are

The Service is provided by Bastiaan Prummel, a sole trader trading as Nightsquire, of Dromroe, Ballagh, Killeedy, Co. Limerick, V42 HT62, Ireland, VAT number IE0375955FB (Nightsquire, we, us). You can reach us at hello@nightsquire.dev.

2. Who these terms apply to

• Customer (you) means the business or organisation for which an organisation (org) in the Service is created. The person who accepts these terms confirms they may bind that business or organisation.
• Users are the people the Customer gives access to its org, such as owners, admins, members and viewers. The Customer is responsible for its Users and for making sure they follow these terms.
• The Service is for business use only. It is not offered to consumers.

3. What the Service does

Nightsquire runs an AI engineering agent on your GitLab issues and merge requests:

1. You connect your GitLab instance (gitlab.com or self-managed) and a bot user, and enable projects. Nightsquire creates a webhook in each enabled project.
2. Nightsquire receives events from GitLab, decides whether to act on them, and plans a run as a chain of steps.
3. The steps run on executors, in isolated containers. An executor is either a managed executor that we operate for your org on Scaleway, or a host that you provide and operate yourself running our executor software.
4. The agent uses an AI model: Nightsquire AI, which we provide through Scaleway, or a model provider of your own (for example a Claude API key or an OpenAI-compatible API) under your own account.
5. Results go back to your GitLab through the bot user: branches, merge requests, comments, plans, issues and review notes. The Service never merges; your people decide what to merge.
6. The dashboard shows runs, logs, agent transcripts, network records, usage, cost estimates and settings.

4. Beta and access

• The Service is in a closed beta. Access is by invitation only. We may decline or withdraw an invitation.
• Beta features may change, be limited or be removed, and may not work as described.
• Keep your sign-in methods, such as your GitLab account, secure, and tell us without delay at security@nightsquire.dev if you suspect unauthorised access to your org.
• You are responsible for everything done through your org, including by your Users, your executors and the bot user you connect.
• Give us accurate contact details and keep them up to date.

5. Your responsibilities

5.1 GitLab

• You choose which GitLab instance, projects and bot user to connect, and which permissions the bot has. Grant it only the access it needs.
• Your use of GitLab is governed by your agreement with your GitLab provider, or by your own policies if you run GitLab yourself.
• Only the people your org allows can start runs. You decide who they are.

5.2 Executors

• Managed executors are dedicated to your org and never shared with another customer. We operate, update and maintain them. What runs on them is still decided by your configuration, your projects and the issues you assign.
• Your own executors: you provide, secure, maintain and pay for the hosts and their network, and you are responsible for who can access them. You install the executor software with our one-line installer, which installs Docker Engine from Docker and replaces any older or distribution-packaged Docker, or Podman's Docker emulation, on the host. The executor software needs access to the host's container engine, which is equivalent to administrator access to that host; install it only on hosts dedicated to this purpose. With automatic updates on, the default, the executor installs new versions we publish. You can pin a version or switch updates off.
• Repository content is checked out and processed on the executor. Steps reach the internet only through the executor's egress gateway, under the network policy you set.

5.3 AI models

• Nightsquire AI is provided by us through Scaleway in the EU. Usage may be charged under section 9.
• Your own model provider: you use it under your own account and agreement with that provider, and you pay its charges. We are not responsible for its service, availability, output, charges or handling of data. The same applies to any other credential type we make available to you.
• Spend caps and cost estimates in the dashboard are conveniences based on reported usage. They are estimates, not a guarantee of what a provider will charge.

5.4 Network and tool settings

• You choose each project's network mode. In open mode, the default for new projects, the agent may reach any public internet host. An agent misled by instructions hidden in an issue or a web page could then send repository content to a third party. Allowlist mode limits the reachable hosts but cannot stop data being sent through an allowed host.
• Credentials are not placed inside the agent's container, but anything else in it can be exposed in open mode. Choose settings that fit how sensitive your code and data are.

5.5 Reviewing the output

• AI output can be wrong, incomplete, insecure, or similar to existing third-party code. The tests, scans and automated review reduce these risks; they do not remove them.
• You are responsible for reviewing what the Service creates, and for what you merge, deploy or publish.

5.6 Your data

• You must have the right to let the Service process your GitLab projects, issues and merge requests and any personal data in them.
• Do not use the Service to process special categories of personal data, or data you may not share with the model you use.

6. Acceptable use

You must not, and must not let anyone else:

• use the Service in breach of the law or of anyone's rights;
• use it to create or spread malware, or to attack, scan, probe or disrupt any system or network, including the Service;
• use managed executors or Nightsquire AI for anything other than running the Service's own steps, for example cryptocurrency mining, proxying or sending bulk email;
• try to get around its security measures, network controls, usage limits or org isolation, or access other customers' data;
• overload the Service, or send it automated traffic other than through its documented interfaces;
• resell, sublicense or provide the Service to third parties without our written permission;
• copy, decompile or reverse-engineer the Service or the executor software, except where the law allows it;
• use the Service in breach of the terms or usage policies of your GitLab provider or model provider.

We act on abuse reports concerning managed executors and may stop a step or a run straight away to do so.

7. Your content

• Customer Content is everything you or your Users submit to or connect with the Service, and everything it produces for you: configuration, GitLab content, repository content, prompts, logs, transcripts, plans, reviews and other output.
• You keep all rights in your Customer Content. As between you and us, output the Service produces for you belongs to you, as far as the law allows rights in it.
• You give us a limited right to store, copy, process and display Customer Content only to provide, secure and support the Service for you, and as the law requires.
• We process personal data in Customer Content as your processor under the DPA.
• We do not use Customer Content to train AI models, and we do not sell it. Scaleway does not train on Nightsquire AI prompts either.
• We may use technical information about how the Service runs, such as error rates and performance figures, to run and improve it, as long as it contains no Customer Content and does not identify you or your Users.

8. Our rights

• We and our licensors keep all rights in the Service, the dashboard, the executor software and the images we publish for it.
• While you use the Service, we give you a non-exclusive, non-transferable right to install and run the executor software and our images on your own hosts, only to use the Service.
• The images contain third-party software under its own licence terms. For example, the worker image includes Anthropic's Claude Code command-line tool, which is subject to Anthropic's terms.
• If you send us ideas or feedback, we may use them without obligation to you.

9. Fees

• Pricing is coming soon. Nothing is charged unless you choose a paid plan.
• Prices are stated excluding VAT unless we say otherwise.

10. Availability and changes

• The Service is provided without a guaranteed level of availability or support response time. We may interrupt it for maintenance, updates or security reasons, and try to keep interruptions short.
• We may change, add or remove features. If a change materially reduces what the Service does for you, we tell you in advance where reasonably possible.
• Data held on your own executors, in your GitLab instance and with your own model provider is outside our control and is not backed up by us.

11. Suspension

We may suspend your org or a User's access, fully or partly, if this is reasonably needed because:

• you or your Users materially breach these terms;
• your use puts the security or stability of the Service, other customers or third parties at risk; or
• the law, a court or an authority requires it.

We tell you the reason and, where possible, warn you first. We lift the suspension once the reason is gone.

12. Term and termination

• These terms apply from your first use of the Service until your org is closed.
• You may stop using the Service and close your org at any time, in the org settings or by emailing hello@nightsquire.dev.
• We may end the Service for your org with at least 7 days' notice, or immediately if you materially breach these terms and do not remedy the breach within 14 days of our notice, or if it cannot be remedied.
• When your org is closed, access ends and managed executors are removed. Disable the Nightsquire webhooks in your projects, remove the bot user's access if you no longer need it, and uninstall the executor software from your own hosts. We delete Customer Content as the DPA describes.
• Org owners can export the org's configuration and run history from the org settings before closing it. Deleting an org takes effect after a 7-day grace period.
• Sections 7, 8, 13 to 16 and 18 continue to apply after termination.

13. Warranties

We provide the Service with reasonable care and skill. Beyond that, and as far as the law allows, the Service is provided "as is" and "as available", and we give no other warranties or conditions, express or implied, for example that it is free of errors, that it will be uninterrupted, or that its output is correct or fit for a particular purpose.

14. Liability

1. Our total liability arising out of or in connection with the Service, these terms and the DPA, whether in contract, tort (including negligence) or otherwise, is limited to the amounts you paid us for the Service in the 3 months before the event that caused the loss, or €100 if that is higher.
2. We are not liable for indirect or consequential loss, or for loss of profit, revenue, savings, data, goodwill or business opportunity.
3. We are not liable for loss caused by your own executors or hosts, your GitLab instance, your own model provider, AI output you merge, deploy or publish, network or tool settings you chose, or your breach of these terms.
4. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited under Irish law.

15. Indemnity

You will compensate us for third-party claims, and the reasonable costs of dealing with them, arising from your Customer Content, your own executors, your use of your own model provider, or your or your Users' breach of these terms or the law.

16. Confidentiality

Each party keeps confidential the non-public information it receives from the other in connection with the Service, uses it only for the purposes of these terms, and protects it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already lawfully known to it, or must be disclosed by law; in that case the receiving party warns the other first where allowed.

17. Changes to these terms

We may change these terms. We tell you about material changes by email to your org's owners or in the dashboard. When these terms, the privacy policy or the DPA change, the Service asks each User to accept the new terms, and an owner to accept the new DPA for the org, before they continue. We keep a record of each acceptance. If you do not agree, you may stop using the Service.

18. General

• These terms and any dispute or claim arising out of or in connection with them, including non-contractual ones, are governed by the laws of Ireland.
• The courts of Ireland have exclusive jurisdiction, unless mandatory law says otherwise.
• Your own general terms and conditions do not apply.
• You may not transfer your rights or obligations under these terms without our written consent. We may transfer them to a successor of our business, and will tell you if we do.
• If a provision is invalid, the rest stays in force, and the invalid provision is replaced by a valid one as close as possible to its purpose.
• These terms, the privacy policy and the DPA are the entire agreement about the Service. If they conflict on the processing of personal data, the DPA prevails.
• We send notices by email to your org's owners or show them in the dashboard. Send notices to us at hello@nightsquire.dev.