Terms and conditions

1.Using the site

You’re welcome to use the site to learn about our work and get in touch. When you do, you agree to:

• Use it lawfully and without harming others.
• Not try to break its security, flood it with automated traffic or reach non-public parts of our servers or API.
• Not copy or reuse our design, copy, images or case studies for commercial purposes without permission.
• Not impersonate Nightly or anyone else.

We work to keep the site accurate and up to date, but it may contain mistakes. The prices that apply are the ones published when you buy. If we spot an obvious pricing error before providing the service, we’ll tell you, and you can cancel for a full refund.

2.Free consultation

The free consultation is a no-commitment video call of 15, 25 or 45 minutes (or an in-person meeting in the Bajío region, if we agree on one) to understand how your business runs and suggest what to tackle first.

• No obligation. Booking doesn’t commit you to buying anything, or us to taking on a project.
• Preliminary advice. Our recommendations are based on what you share during the call. They aren’t a formal proposal and don’t replace legal, tax or accounting advice.
• Rescheduling. You can reschedule or cancel from your Cal.com confirmation or by messaging us on WhatsApp. If we can’t make it, we’ll let you know as soon as possible to find another time.
• Confidentiality. Whatever you share in the consultation stays confidential, even if we never end up working together.

3.Proposals and quotes

If it makes sense to move forward, we send a written proposal with the scope, the stages, the price of each stage, estimated delivery dates and how to pay.

• Validity. Unless the proposal says otherwise, its prices and dates are valid for 30 calendar days.
• Acceptance. A proposal is accepted when you confirm it in writing (an email or a WhatsApp message is enough) and make the first payment.
• Taxes. The proposal states clearly whether prices include VAT.
• Scope changes. Anything outside the proposal is quoted separately. Before making a change you request, we tell you in writing how it affects the price and dates, and we only go ahead once you approve it.

4.Custom projects in stages

We build custom projects in stages. Each stage has its own scope, price and delivery date in the proposal, and you can start using what it delivers as soon as it’s done.

• Payments. Unless the proposal says otherwise, each stage is paid before it starts. If a payment is late, we may pause work until it arrives, and dates move by the same amount.
• Review and acceptance. When we deliver a stage, you have 5 business days to review it and tell us anything that doesn’t match what we agreed, which we fix at no cost. If we don’t hear from you within that time, or you start using the delivery in your operations, the stage is considered accepted.
• Your part. We need information, access, content and answers on time. Delays on your side move the dates, and if a project goes more than 30 calendar days without a reply, we may pause it and reschedule based on our availability.
• After delivery. Support, maintenance and new features are agreed in writing as a new stage or a support plan.
• Cancellation. You can end a project at any time by telling us in writing; you then pay for the work done up to that day.

5.Website packages

The “Your online presence”, “Your site, active and visible” and “Your online store” packages have a fixed price in Mexican pesos and are paid in a single payment through Stripe. Each package includes what’s listed on the Pricing page at the time of purchase.

• Kickoff. After you pay, one of the founders contacts you to get started. The published delivery times, one to two weeks depending on the package, count from when we have your complete content: logo, copy and images. If it isn’t ready yet, we help you prepare it.
• Rounds of changes. Before launch you review your site and ask for changes: 1 round with “Your online presence” and 2 with the other packages. A round is one list of changes sent together; extra changes and extra sections are quoted separately.
• Platforms. Packages are built on proven platforms such as WordPress, WooCommerce or Shopify. Third-party platform subscriptions, such as a Shopify plan, and payment gateway fees are paid by you unless the package says otherwise.
• First-year services. Hosting, the domain, the security certificate (SSL), email on your own domain, backups, maintenance and, where included, the monthly report are covered for the first year after launch. Before it ends, we tell you what renewing them costs.
• Your domain. The domain belongs to you: we give you control of it or transfer it to your account whenever you ask.
• Launch. We publish your site once you approve the last round of changes. If 30 calendar days go by without your review or the pending content, we may pause the project until we hear from you.
• Upgrading. If your business grows, you can move to a larger package by paying the difference.

6.Moneta licenses

Moneta is a WordPress plugin that stores your media library in your own Amazon S3 or Cloudflare R2 storage. It has a free core and premium licenses that unlock extra features.

• Free core. You can use it at no cost on as many sites as you like. It’s provided as is; private updates and priority support come with premium licenses.
• Plans and sites. A Starter license activates on 1 site, Pro on up to 10 and Agency on up to 50. Every domain or subdomain where you activate it counts as a site, including staging sites. To move a license, deactivate it on one site and activate it on another.
• Automatic renewal. Licenses are billed monthly or yearly and renew automatically at the end of each period with the same payment method, for the amount and on the schedule shown at checkout, until you cancel.
• Cancelling. You can cancel the renewal at any time, with no penalty, by emailing contacto@nightlysoftware.com. Cancellation takes effect when we receive your message: you won’t be charged again, and premium features stay active until the end of the period you’ve paid for.
• When a license ends. If your license expires or is cancelled, premium features and private updates lock, but the free core keeps working and your files stay in your storage.
• Updates and support. While your license is active, it includes private plugin updates and email support with your plan’s priority.
• Price changes. If we change a price, we’ll tell you before your next renewal. The new price applies from that renewal, and you can cancel before then if you don’t agree.
• Using your key. Each license key belongs to the account that bought it. You may not share it, resell it or use it to get around activation limits; if we detect that, we may deactivate it after notifying you.
• Your infrastructure. Moneta works with your own AWS or Cloudflare account, and you’re responsible for its storage costs, credentials and backups. We recommend running the plugin’s diagnostics and backing up your media before migrating a live site.

7.Free tools

Dither Studio, Metadata Inspector, Media Downloader and Map Generator, available in our tools, are free and don’t require an account.

• As is. They’re provided as is and as available. We may change, limit or retire them at any time, and we don’t guarantee they’ll work without interruptions or with every file or link.
• Lawful use. Use them only for lawful purposes and with files you have the right to use.
• Downloading media. Only use Media Downloader for your own content, public-domain content or content you have permission to use, and respect each platform’s terms and copyright. You’re responsible for how you use what you download.
• What you make. What you create with the tools is yours. Check every result before using it; for example, confirm that a cleaned file no longer contains the metadata you wanted to remove.
• Maps. Map Generator uses data © OpenStreetMap contributors, available under the ODbL license. Keep that attribution when you publish a map.
• Limits. We may set size or usage limits and block automated or abusive use.

8.Intellectual property

• Our site and brands. The site, its copy, designs, images and code, the tools and the Nightly Software and Moneta brands belong to us or to their respective owners. These terms don’t give you any rights over them beyond using them as described here.
• The software we build. The source code, architecture and components of the systems we build belong to Nightly Software, including the ones we build for a specific client. You get a license to use your system while the service is active, with the hosting, maintenance and conditions set out in your proposal. This clause is the agreement to the contrary referred to in article 83 of Mexico’s Federal Copyright Law.
• Your data. The information you enter or generate in your system, such as records, documents and reports, always belongs to you. You can ask us for a full export at any time, including when the service ends.
• Handing over the code. If you need the source code, handing it over can be agreed in writing in your proposal or in a separate agreement.
• Third-party and open-source components. Open-source libraries, platforms, plugins, fonts and third-party images are governed by their own licenses: their owners grant them, and they aren’t transferred with the project.
• Portfolio. Unless we agree otherwise in writing, we may show the project in our portfolio and marketing materials: your company’s name and logo, screenshots and a general description. We never publish confidential information or personal data about your customers or staff.
• Moneta. A premium license entitles you to the premium features, updates and support of your plan; it doesn’t transfer ownership of the plugin or its brand.
• Your content. The logos, copy, images and data you give us remain yours. You allow us to use them only to provide the service, and you confirm you have the right to do so.

9.Confidentiality

We treat as confidential the business information we learn through the consultation or the project: processes, data, prices, credentials and documents. We use it only to work with you, share it only with people who need it for the project and are bound by the same duty, and protect it with reasonable measures.

This obligation continues after our relationship ends. It doesn’t cover information that was already public, that we already knew legitimately or that a competent authority requires us to hand over; in that case, we’ll let you know if the law allows it. If you need a signed non-disclosure agreement, we can sign one before we start.

We ask for the same discretion regarding our proposals, prices and working methods.

10.Warranty and liability

• Warranty. We fix, at no cost, defects in what we deliver (anything that doesn’t work as agreed) that you report within 60 calendar days of the delivery of each stage or the launch of your site.
• Exclusions. The warranty doesn’t cover changes made by you or by third parties, failures of third-party services (hosting, platforms, payment gateways or APIs), uses other than those agreed, or new features and requirements.
• Results. We work hard for every project to pay off, but we don’t guarantee sales, search rankings or specific savings, which depend on factors outside our control.
• Free offerings. The free tools and Moneta’s free core are provided without warranties, to the extent the law allows.
• Limitation of liability. To the extent the law allows, our total liability for a service or product is limited to what you paid us for it in the 12 months before the event that gave rise to the claim. We aren’t liable for indirect damages, lost profits or the loss of data that wasn’t backed up, unless backups were part of the service you hired.
• Consumer rights. Nothing here limits your rights under Mexico’s Federal Consumer Protection Law, or our liability where the law doesn’t allow it to be limited, such as for willful misconduct.

11.Third-party services

We rely on third-party services such as Cloudflare, Stripe, Cal.com, Google Meet and WhatsApp, and we build on platforms such as WordPress, WooCommerce, Shopify, Amazon Web Services and Cloudflare R2. Each has its own terms, which apply when you use them. We aren’t responsible for their failures, changes or outages, but we’ll help with whatever is within our reach.

12.Suspension and termination

• By you. You can stop using the site and tools whenever you like, end a project by telling us in writing, or cancel your Moneta renewal at any time.
• By us. We may suspend or end a service for non-payment after notice, for unlawful or abusive use, or for a serious breach of these terms. Where possible, we’ll warn you in advance and give you a chance to fix the problem.
• What happens next. You pay for work done and not yet paid, and we give you an export of your data and files. The intellectual property, confidentiality, liability and governing law sections remain in force.

13.Governing law and jurisdiction

These terms are governed by the federal laws of the United Mexican States. Any dispute will be resolved by the competent courts of the state of Guanajuato, and both parties waive any other jurisdiction that might apply because of their present or future domicile.

Before making any claim, please write to us: most disagreements are solved with a conversation. Consumers in Mexico can also go to the Federal Consumer Protection Agency (PROFECO).

14.Changes to these terms

We may update these terms. The current version will always be on this page with its effective date. Changes apply to the use of the site and to purchases made after they’re published; projects, packages and license periods already purchased stay under the terms in force when you bought them, unless you accept the new ones. If a change affects Moneta licenses, we’ll tell you before your next renewal.

15.Contact

Questions about these terms? Email contacto@nightlysoftware.com or message us on WhatsApp at +52 462 221 2236.