Legal
These Terms are a contract between you and Right Click Forbidden LLC, the company behind Nightcap. Please read them — they cover free trials, subscriptions, how you may use the service, and the legal responsibilities that come with running games in your venue.
Nightcap ("Nightcap," the "Service") is operated by Right Click Forbidden LLC ("Company," "we," "us," or "our"). Nightcap Games is a product of Right Click Forbidden LLC. By creating an account, starting a free trial, subscribing, or otherwise accessing or using the Service, you agree to be bound by these Terms of Service (the "Terms") and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.
If you are entering into these Terms on behalf of a business (for example, a bar, restaurant, or other venue), you represent that you have the authority to bind that business, and "you" refers to both you and that business.
You must be at least 18 years old and capable of forming a binding contract to open an Account. The Service is intended for use by businesses in the United States. You are responsible for ensuring that your use of the Service, and the environment in which you run games, is appropriate for your audience and complies with applicable law, including any age restrictions that apply to your venue.
You are responsible for the information you provide when you register and for keeping it accurate. You are responsible for safeguarding your password and for all activity that occurs under your Account. Do not share your credentials. Notify us promptly at hello@playnightcap.com if you believe your Account has been accessed without authorization. We are not liable for any loss arising from unauthorized use of your Account that results from your failure to keep your credentials secure.
Each Venue receives one free trial of the Nightcap subscription, currently 30 days, beginning when the first paid Game is switched on for that Venue. No payment method is required to start a trial. During the trial you have access to every Game included in the subscription, as offered at that time. Unless you switch off your paid Games before the trial ends, continued use requires a paid subscription, and you will be asked to add a payment method to keep it. Free Games remain available without a subscription. We may change the length of, modify, or discontinue free trials at any time for future sign-ups.
After the free trial, the Service is offered as a single monthly subscription per Venue that includes every paid Game we offer, including Games we add later. Current pricing is shown on our pricing page and in your dashboard. Free Games are included at no cost. All fees are stated in U.S. dollars and are exclusive of any applicable taxes, which you are responsible for.
Payments are processed by our third-party payment processor, Stripe. By providing a payment method, you authorize us and Stripe to charge that method for the applicable fees. We do not store your full card number; card data is handled by Stripe under its own terms and security standards.
Paid subscriptions renew automatically each billing period until cancelled. By subscribing, you authorize recurring charges to your payment method at your Venue's subscription price for each renewal period until you cancel. You may cancel at any time as described in Section 7.
The monthly price in effect when your Venue's trial begins is locked for that Venue for as long as it keeps an Account with us, including if you pause and later resume the subscription. We may change our prices for new Venues at any time. The price lock does not cover applicable taxes.
If a charge fails, we may retry it and may suspend paid Games at the affected Venue until payment is resolved.
You may cancel your subscription at any time from your dashboard by switching off your paid Games. Cancellation stops future renewals. When you cancel, you will generally retain access to paid Games through the end of the current paid period, after which access ends. Free Games remain available. Except where required by law, fees already paid are non-refundable, and we do not provide prorated refunds for partial periods. Cancelling does not delete data you have already exported, such as email lists you have downloaded.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service to run Games at your registered Venue(s) during your trial or paid subscription. You may not sublicense, resell, or make the Service available to third parties as a service of your own, except that you may of course let your Guests play Games at your Venue as intended.
You are solely responsible for how you operate Games in your Venue. This includes:
The Service lets you create posters, specials, happy hours, announcements, and other promotional content (your "Ads"). The Service may show your Ads on your screens and our game hosts may read them aloud. This includes Ads you type, Ads made from our background images and templates, artwork you upload, and any Ad the Service prepares for you from your schedule or settings that you leave switched on. You are the advertiser for every one of your Ads. You are solely responsible for their content, for where and when they are shown, and for any offer they make. You may change, pause, end, or cancel any Ad or offer at any time, and you may refuse an offer to any Guest, to the extent the law allows (for example, to a Guest who is underage or visibly intoxicated, or once a stated limit is reached). Any offer is between you and your Guests: we are not a party to it, and we are not responsible for honoring, changing, or withdrawing it.
You represent and warrant that each of your Ads:
Sponsored content. If a manufacturer, supplier, distributor, brand, or anyone else pays for, provides, or contributes to an Ad or a promotion at your Venue, you are responsible for making sure the arrangement is lawful, including under tied-house and trade-practice laws, and for any disclosures it requires.
No review or approval. We do not review, approve, verify, or endorse your Ads, and the fact that the Service displays or reads an Ad does not mean it is lawful or accurate. The background images, templates, and lettering styles we provide may be used only in your Ads on the Service. We may remove, disable, or decline to display or read any Ad at any time, for any reason, including if we believe it may violate these Terms or the law, and we may suspend the advertising features of your account.
Nightcap provides entertainment software. It does not run, sponsor, or administer any prize, contest, sweepstakes, raffle, or game of chance, and it is not a gambling service. If you choose to offer prizes, giveaways, drink specials, or any reward in connection with a Game, you are the sponsor and operator of that promotion. You are solely responsible for ensuring it complies with all applicable federal, state, and local laws — including gambling, sweepstakes, contest-registration, and liquor-promotion laws — and for any required rules, disclosures, or approvals. We make no representation that any prize or promotion you run is lawful in your jurisdiction. The Company and Nightcap expressly disclaim any and all responsibility and liability for any prize, giveaway, drink special, promotion, contest, sweepstakes, raffle, or game of chance offered or conducted in connection with a Venue; any such activity is undertaken by you at your own risk and is your responsibility alone. Chips, points and scores in any Game (for example, chips in a poker game) have no cash value and may not be exchanged for money or anything of value.
Guests join Games from their own devices, typically without creating an account. Guests may choose a display name and may optionally provide an email address to receive prizes or offers from the Venue. Guests must not submit unlawful, harassing, hateful, obscene, or infringing content (including in display names or in-game chat), impersonate others, or attempt to disrupt or cheat a Game. As the Operator, you are responsible for moderating the play environment in your Venue. We may remove content or restrict participation that violates these Terms.
You retain ownership of the content you provide to the Service (your "Content"), such as your venue branding, custom text, and uploaded logos. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, and display your Content solely as needed to operate and provide the Service to you. You represent that you have the rights to your Content and that it does not infringe or violate the rights of others.
The Service, including its software, game formats, question banks, designs, logos, and the "Nightcap" name, is owned by the Company or its licensors and is protected by intellectual-property laws. Except for the license granted to you in these Terms, we reserve all rights. You may not copy, modify, reverse engineer, scrape, or create derivative works from the Service except as permitted by law.
The Service can collect email addresses from Guests who opt in, and can make those addresses available to you as the Venue. With respect to the Guest emails and other Guest information you collect through the Service, you are responsible for how you use them. This includes complying with the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA) if you send texts, applicable state privacy laws, and any other laws governing marketing communications — for example, honoring unsubscribe requests, identifying yourself as the sender, and only contacting people who have agreed to hear from you. You will not use Guest information for any purpose the Guest did not reasonably expect, and you will not sell or transfer it in violation of law or of our Privacy Policy.
You agree not to, and not to allow anyone to:
Nightcap uses automated and AI systems to host game nights — for example, to generate host dialogue, read questions, and synthesize voice audio. AI output can be inaccurate, unexpected, or unsuitable in context. You are responsible for supervising game nights and for the suitability of what is shown or played in your Venue. We do not warrant that AI-generated content will be accurate, appropriate, or error-free.
The Service relies on third-party providers, including payment processing (Stripe), hosting infrastructure, email delivery, and voice synthesis. Your use of the Service may be subject to those providers' terms, and we are not responsible for the acts or omissions of third-party providers. Links to third-party sites are provided for convenience and are not endorsements.
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service, add or remove features or Games, and perform maintenance, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service, except as required by law.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Company and its owners, officers, employees, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Content; (c) your Ads, and any prize, contest, or promotion you run; (d) your communications with Guests; (e) your violation of these Terms; or (f) your violation of any law or the rights of any third party.
You may stop using the Service and cancel at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, to protect the Service or other users, or for prolonged non-payment. On termination, your license to use the Service ends. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute terms — will survive.
These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Before filing a claim, you agree to first contact us at hello@playnightcap.com and attempt to resolve the dispute informally; we will do the same. If a dispute is not resolved within 30 days, you and the Company agree that the state and federal courts located in Washington will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property. To the extent permitted by law, any claim must be brought within one (1) year after it arises.
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, provide reasonable notice (for example, by email or an in-product notice). Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and the Company regarding the Service and supersede prior agreements on that subject.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
Notices. We may provide notices to you by email or through the Service. You may send notices to us at hello@playnightcap.com.
Right Click Forbidden LLC
Nightcap Games
Email: hello@playnightcap.com
These Terms are provided as a general framework for the Service and are not legal advice. You should have your own attorney review them for your specific business and jurisdiction before relying on them.