By accessing or using the stoptimizer.app website (including any associated media channels, mobile websites, or applications – collectively, the “Site”), you (whether as an individual or on behalf of an entity) are entering into a legally binding agreement with Nocturnal Devs ("Company", “we”, “us”, or “our”). This Agreement outlines your rights and responsibilities regarding your use of the Site. Your access to and continued use of the Site confirms that you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SITE AND MUST CEASE ALL ACCESS IMMEDIATELY.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, Stoptimizer is the exclusive property of Nocturnal Devs. Every element of the website—including, but not limited to, its source code, databases, functionality, software, design layouts, audio, video, text, photographs, and graphics (collectively, the “Content”)—as well as all trademarks, service marks, and logos (collectively, the “Marks”) are either owned or controlled by Nocturnal Devs or licensed to it. These materials are safeguarded by United States copyright and trademark laws, various other intellectual property and unfair competition statutes, international copyright laws, and applicable conventions.
The Content and Marks are provided on an “AS IS” basis solely for your personal and informational use. Except as expressly permitted in these Terms of Use, no portion of the website, nor any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the prior written consent of Nocturnal Devs.
Provided that you meet the eligibility requirements, you are granted a limited license to access and use the website and to download or print copies of any portions of the Content you have lawfully accessed, strictly for your personal, non-commercial purposes. All rights not explicitly granted to you in these Terms of Use remain exclusively with Nocturnal Devs.
USER REPRESENTATIONS
When you access and use our Site, you affirm and guarantee that: (1) every piece of registration information you provide is true, accurate, current, and complete; (2) you will keep this information updated and promptly correct any inaccuracies; (3) you possess the legal capacity to agree to these Terms of Use and will abide by them; (4) you are not a minor in your jurisdiction of residence; (5) you will not access the Site using automated methods, such as bots, scripts, or other non-human techniques; (6) you will not employ the Site for any unlawful or unauthorized purposes; and (7) your use of the Site complies with all applicable laws and regulations.
If you provide any information that is false, inaccurate, outdated, or incomplete, Nocturnal Devs reserves the right to suspend or terminate your account and to deny any and all current or future access to the Site, in whole or in part.
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
CONTRIBUTION LICENSE
When you post or submit any content (“Contributions”) on any part of our Site, you irrevocably grant Nocturnal Devs a worldwide, perpetual, non-exclusive, transferable, royalty-free, fully-paid license to host, use, copy, reproduce, display, perform, disclose, distribute, sell, resell, publish, broadcast, retitle, archive, store, cache, reformat, translate, transmit, excerpt (in whole or in part), and otherwise exploit your Contributions in any media or platform now known or developed in the future. You represent and warrant that you have every right necessary to grant us this license.
This license covers all forms, media, and technologies—present and future—and includes our rights to use your personal identifiers such as your name, company name, and franchise name, as well as any trademarks, service marks, trade names, logos, and images (both personal and commercial) that you provide. By contributing, you waive all moral rights in your Contributions and confirm that no such rights have been asserted by any other party.
While you retain full ownership of your Contributions and all related intellectual property rights, you agree that Nocturnal Devs is not liable for any statements or representations you include within your Contributions. You alone are responsible for your submissions, and you expressly agree to hold Nocturnal Devs harmless from any claims arising from them.
Additionally, Nocturnal Devs reserves the right, at its sole discretion, to:
Edit, redact, or otherwise modify any Contributions;
Reorganize or re-categorize Contributions within the Site to better suit its structure; and
Pre-screen or delete any Contributions at any time and for any reason, without notice.
We assume no obligation to monitor your Contributions.
STOPTIMIZER MOBILE APPLICATION LICENSE
When you access our website through the Stoptimizer mobile app provided by Nocturnal Devs, you are granted a revocable, non-exclusive, non-transferable, and limited license to install and use Stoptimizer on your wireless electronic devices, provided that you strictly adhere to these Terms of Use. By using Stoptimizer, you agree not to engage in activities such as decompiling, reverse engineering, disassembling, attempting to derive the source code, or decrypting any portion of the app. You are also prohibited from modifying, adapting, improving, enhancing, translating, or creating derivative works based on Stoptimizer. Furthermore, your use must comply with all applicable laws, rules, and regulations, and you must not remove, alter, or obscure any proprietary notices, including those related to copyright and trademark, as displayed within the app.
Stoptimizer is intended solely for personal, non-commercial use, and you must refrain from utilizing it for revenue-generating activities, commercial enterprises, or any other purposes beyond its intended design. You are not allowed to distribute or make the app available over networks or any environment that permits simultaneous access by multiple users or devices, nor may you use Stoptimizer to create a product, service, or software that directly or indirectly competes with it. In addition, using the app to send automated queries, unsolicited commercial emails, or to exploit any proprietary information, interfaces, or intellectual property of Nocturnal Devs in the development, manufacturing, licensing, or distribution of any related applications, accessories, or devices is strictly forbidden.
By installing and using Stoptimizer, you acknowledge and agree to comply with all the above terms and conditions.
Android an Apple Devices
When you access our site through the Stoptimizer mobile application—downloaded from either the Apple Store or Google Play (each referred to as an “App Distributor”)—you agree to abide by these terms. The license granted to you is limited and non-transferable, permitting you to use Stoptimizer solely on a device operating on Apple iOS or Android in accordance with the usage rules established by the respective App Distributor.
Nocturnal Devs is responsible for providing maintenance and support for Stoptimizer as detailed in these Terms of Use and as required by applicable law. However, you acknowledge that neither the Apple Store nor Google Play is obligated to offer any maintenance or support services for the application. In the event that Stoptimizer fails to meet any applicable warranty, you may notify the appropriate App Distributor, who—subject to their own policies and to the fullest extent allowed by law—may refund any purchase price paid; beyond such a refund, the App Distributor will have no further warranty obligations.
By using Stoptimizer, you represent and warrant that you are not located in a country subject to a U.S. government embargo, nor in a nation designated as “terrorist supporting” by the U.S. government, and that you are not listed on any U.S. government list of prohibited or restricted parties. Additionally, you agree to comply with all relevant third-party agreements; for example, if you utilize a VoIP application, you must adhere to its corresponding wireless data service agreement. Finally, you acknowledge that the App Distributors are third-party beneficiaries of these terms and that they have the right to enforce the provisions herein against you.
SUBMISSIONS
By providing any questions, comments, suggestions, ideas, feedback, or other information about the Site (collectively, “Submissions”) to us, you agree that such Submissions are non-confidential and will immediately become the exclusive property of Nocturnal Devs. All rights, including any intellectual property rights in your Submissions, will be owned solely by Nocturnal Devs, which may use, reproduce, distribute, and share them for any lawful purpose—whether commercial or otherwise—without any obligation to acknowledge or compensate you. In addition, you irrevocably waive any moral rights you might have in these Submissions and represent that you either created them originally or possess the authority to submit them. By making any Submissions, you further agree that you will not pursue any claims against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Stoptimizer Site, operated by Nocturnal Devs, may feature links to external websites ("Third-Party Websites") and include various materials—such as articles, photos, text, graphics, designs, music, audio, video, software, applications, and other content ("Third-Party Content")—that originate from external sources. Nocturnal Devs does not review, verify, or ensure the accuracy, appropriateness, or completeness of any Third-Party Content. Consequently, we are not responsible for any Third-Party Websites you may access via the Stoptimizer Site, nor for any Third-Party Content posted on, provided through, or installed from the Site. This includes any issues regarding content accuracy, offensiveness, opinions, reliability, privacy practices, or any other policies associated with these external sites or materials.
The inclusion, linking, or facilitation of access to any Third-Party Websites or Third-Party Content does not signify our endorsement of them. If you decide to leave the Stoptimizer Site to visit a Third-Party Website or to use or install any Third-Party Content, you do so entirely at your own risk, and these Terms of Use will no longer apply. We strongly encourage you to review the applicable terms, privacy policies, and data collection practices of any website or application that you access from our Site.
Any purchases you make through Third-Party Websites are conducted solely between you and the respective third party. Nocturnal Devs assumes no responsibility for such transactions. By using the Stoptimizer Site, you acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you agree to hold Nocturnal Devs harmless from any harm, loss, or damage arising from your interactions with Third-Party Content or websites.
RIGHTS RESERVED BY NOCTURNAL DEVS
Nocturnal Devs reserves the right, though is not obligated, to monitor the Stoptimizer Site for any breaches of these Terms of Use and to pursue appropriate legal action against any individual who, in our sole judgment, violates applicable law or these Terms—including, if necessary, reporting such activity to law enforcement authorities. We also reserve the right, at our sole discretion, to refuse, restrict, limit access to, or disable any of your Contributions—or any portion thereof—to the extent technologically feasible. Furthermore, without prior notice or liability, we may remove or disable from the Site any files or content that are excessively large or that unduly burden our systems. In all cases, these measures are intended to protect our rights and property and to ensure the proper functioning of the Site.
TERMS AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Stoptimizer Site. Without limiting any other provision of these Terms of Use, Nocturnal Devs reserves the right, in its sole discretion and without notice or liability, to deny access to and use of the Site—including blocking certain IP addresses—to any individual for any reason or no reason at all, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation. Nocturnal Devs may terminate your use or participation in the Site or delete your account and any content or information you have posted at any time, without warning, in its sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing any claims or remedies available under applicable law.
MODIFICATIONS AND INTERUPTIONS
Nocturnal Devs reserves the right to change, modify, or remove the contents of the Stoptimizer Site at any time or for any reason at its sole discretion, without notice, and without any obligation to update any information on the site. In addition, Nocturnal Devs reserves the right to modify or discontinue all or part of the Stoptimizer Site without notice and will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuances.
Please note that the Stoptimizer Site is not guaranteed to be available at all times. We may encounter hardware, software, or other issues or require maintenance that could result in interruptions, delays, or errors. Nocturnal Devs retains the right to change, revise, update, suspend, discontinue, or otherwise modify the Stoptimizer Site at any time or for any reason without notice. By using the site, you agree that Nocturnal Devs assumes no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance. Nothing in these Terms of Use obligates Nocturnal Devs to maintain or support the Stoptimizer Site or to provide any corrections, updates, or releases in connection therewith.
DISCLAIMER
THE STOPTIMIZER SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY ACCESSING THIS SITE AND USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NOCTURNAL DEV S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NOCTURNAL DEV S DOES NOT WARRANT OR REPRESENT THAT THE CONTENT OF THIS SITE OR OF ANY WEBSITES LINKED TO IT IS ACCURATE OR COMPLETE. YOU AGREE THAT NOCTURNAL DEV S SHALL NOT BE HELD LIABLE FOR ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT OR MATERIALS, NOR FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE. FURTHERMORE, NOCTURNAL DEV S ASSUMES NO RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR FOR THE LOSS OF ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
ADDITIONALLY, NOCTURNAL DEV S IS NOT RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, NOR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE THAT MAY BE TRANSMITTED THROUGH THE SITE BY THIRD PARTIES. NOCTURNAL DEV S IS ALSO NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THIS SITE.
NOCTURNAL DEV S DOES NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE, ON ANY HYPERLINKED WEBSITE, OR ON ANY OTHER PLATFORM FEATURED IN ADVERTISING. YOU ACKNOWLEDGE THAT NOCTURNAL DEV S WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE OR USE OF A PRODUCT OR SERVICE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NOCTURNAL DEV S, OR ANY OF OUR DIRECTORS, EMPLOYEES, OR AGENTS, BE HELD RESPONSIBLE FOR ANY DAMAGES—BE THEY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE—INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR ANY OTHER LOSSES ARISING FROM YOUR USE OF THE STOPTIMIZER SITE, EVEN IF WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF ANY PROVISION TO THE CONTRARY, OUR AGGREGATE LIABILITY TO YOU, NO MATTER THE LEGAL THEORY OR FORM OF ACTION, SHALL NEVER EXCEED THE AMOUNT YOU PAID TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM. PLEASE NOTE THAT CERTAIN US STATE LAWS AND INTERNATIONAL STATUTES PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR RESTRICTION OF CERTAIN DAMAGES; IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT BE ENFORCEABLE, AND YOU COULD HAVE ADDITIONAL RIGHTS.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you visit the Stoptimizer site, send us emails, or fill out online forms, you are engaging in electronic communications. By doing so, you consent to receiving all communications electronically and agree that any agreements, notices, disclosures, or other information we provide via email or on the site satisfy the legal requirement that such communications be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, and you accept electronic delivery of notices, policies, and transaction records—whether initiated by Nocturnal Devs or through the Stoptimizer site. In addition, you waive any rights or requirements under any applicable statutes, regulations, rules, or ordinances that mandate an original signature or the use, delivery, or retention of non-electronic records, or that require payments or credits to be made by any means other than electronic.