Terms of Service

Welcome to Nightingale Software Group ("Nightingale", "we", "us"). These Terms of Service ("Terms") govern your access to and use of our websites, products and services (collectively, the "Services"). By accessing or using the Services you agree to be bound by these Terms.

1. Your account

Accounts and sign-in are managed centrally through the Nightingale Admin Centre, which is the identity provider for every Nightingale product. You are responsible for safeguarding your account credentials, for the users and roles you provision, and for all activity that happens under your account. You must provide accurate information and notify us promptly of any unauthorised use.

2. Acceptable use

You agree not to misuse the Services, including by attempting to disrupt, reverse-engineer, scrape at scale, or access data you are not authorised to view. We may suspend or terminate accounts that violate these Terms.

3. Plans and billing

Paid plans are billed in advance on a recurring basis. Prices are shown on our product pages and are exclusive of applicable taxes. You can cancel at any time; cancellations take effect at the end of the current billing period.

4. Your data

You retain ownership of the data you submit to the Services. You grant us a limited licence to host, process and display that data only as needed to provide the Services. Our handling of personal data is described in our Privacy Policy.

5. Service availability

We work hard to keep the Services available and performant, but we don't guarantee uninterrupted operation. We may release updates, change features, or perform maintenance with reasonable notice where practical.

6. Intellectual property

The Services, including all software, designs and trademarks, are owned by Nightingale or our licensors. These Terms do not transfer any of those rights to you.

7. Disclaimers and Two-Tier (Zero / 1-Month) Limitation of Liability

The Services are provided exclusively for B2B commercial use on an "as is" and "as available" basis. Nothing in these Terms excludes liability that cannot lawfully be excluded under English law (s.2(1) Unfair Contract Terms Act 1977). Subject to that: (a) Tier A — Zero Liability (£0.00): we have zero liability (£0.00) for free trials/pilots, indirect or consequential loss, loss of profit, revenue, data or goodwill, statutory/regulatory fines (DVSA, Environment Agency, EHO/FSA, HSE, HMRC, ICO, Home Office, TUPE), or third-party cloud/AI outages; and (b) Tier B — Strict 1-Month Fee Cap: for any direct claim that cannot be wholly excluded at law, our total aggregate liability in any contract year is strictly capped at the lower of £0.00 or 100% of the recurring monthly subscription fee actually paid by you in the single calendar month immediately preceding the event giving rise to the claim.

8. Governing law

These Terms are governed by the laws of England and Wales. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales.

9. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated through the Services or by email. Continued use after changes constitutes acceptance of the updated Terms.

10. Contact

Questions about these Terms? Email team@nightingalesoftware.co.uk or call 01473 487485.

11. Legal entity

The Services are provided by Luke Otto trading as Nightingale Software Group (with automatic corporate novation upon incorporation to Nightingale Software Group Limited, a subsidiary of Boomerang Holdings Limited), United Kingdom. Contact: team@nightingalesoftware.co.uk · 01473 487485 · United Kingdom. Account and identity management is provided via the Nightingale Admin Centre.