Effective: September 14, 2026
These Terms of Service (“Terms”) are an agreement between you and Todd Creek Capital, LLC, a Nebraska limited liability company (“Night Off,” “we,” “us,” or “our”). They govern your access to and use of the Night Off parent app, sitter app, websites, text-message features, and related services (together, the “Service”).
Please read these Terms and our Privacy Notice before using the Service. By creating an account, joining the waitlist, or using the Service after being shown these Terms, you agree to them. If you do not agree, do not create an account or use the Service.
SECTION 19 CONTAINS AN ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER. IT REQUIRES MOST DISPUTES TO BE RESOLVED IN INDIVIDUAL ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN THAT SECTION.
Night Off helps families coordinate babysitting arrangements with sitters they already know. Depending on your role, the Service may let you:
Night Off is a coordination tool. It is not a childcare provider, sitter agency, public sitter marketplace, employer, payment processor for sitter compensation, or emergency service. Night Off does not employ, screen, background-check, vet, license, insure, supervise, recommend, or guarantee any sitter, family, or arrangement. Sitters are not employees, contractors, or agents of Night Off.
You must be at least 18 years old and able to form a binding contract to create or use a parent account. You must have authority to create or join the family account and to provide the information you enter.
You must be at least 13 years old to create or use a sitter account. If you are under 18, you may use the Service only with the permission of your parent or legal guardian, and your parent or legal guardian must review and agree to these Terms. By creating or using a sitter account while under 18, you confirm that you have that permission.
If you are the parent or legal guardian of a sitter under 18 who uses the Service, you agree to these Terms on the minor's behalf and on your own behalf, and you are responsible for the minor's use of the Service, including deciding whether the minor may provide babysitting services and for which families.
Families and sitters are responsible for following the laws and rules that apply to them and their arrangements, including any age, work-hour, supervision, licensing, tax, or payment requirements.
The Service is not intended for children under 13, and a child under 13 may not create or use an account.
You must provide accurate account information and keep it current. Night Off uses your phone number to identify your account and send one-time passcodes. You are responsible for controlling access to your phone and for all activity performed through your account.
Tell us promptly at wade@toddcreekcapital.com if you believe someone has accessed your account without permission or if your phone number changes. Do not create an account for another person or impersonate anyone.
One phone number may be associated with parent and sitter roles where the Service permits. Deleting an account affects both roles as explained in Section 14 and the Privacy Notice.
Only add, invite, or contact people you know and reasonably expect to recognize you. You must have a legitimate reason and any necessary permission to provide another person's name or phone number to Night Off. Do not use the Service for cold outreach, public recruiting, marketing lists, or repeated unwanted invitations.
An invitation does not mean that Night Off endorses the sender or recipient. A recipient may accept, decline, ignore, block, or opt out of communications. Removing a connection prevents future coordination through that connection but may not erase records another user is entitled to keep, as described in the Privacy Notice.
Families decide whom to invite, hire, supervise, and trust. Sitters decide which families and requests to accept. Users are solely responsible for evaluating one another, including checking references or backgrounds if they choose, and for agreeing on duties, timing, location, compensation, transportation, house rules, emergency information, and any other terms of a babysitting arrangement.
A status shown as “accepted,” “claimed,” “confirmed,” or similar means only that the Service recorded a user's response. It is not a safety finding, credential check, guarantee of attendance, or guarantee that a text was delivered. For urgent changes, failed notifications, cancellations, emergencies, or safety concerns, contact the other person directly and call 911 or other emergency services when needed.
Night Off does not process payments between families and sitters. Any rate or external payment handle stored in the Service is provided by users for coordination only. Families and sitters handle compensation directly and are responsible for their own taxes, insurance, and legal obligations.
Release. Babysitting arrangements are made directly between users. To the fullest extent permitted by law, you release Night Off and Todd Creek Capital, LLC, and its members, managers, officers, employees, contractors, and agents, from claims, demands, and damages of every kind, known and unknown, arising out of or connected with any babysitting arrangement or any interaction between users, including personal injury, property damage, or non-payment. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not apply to claims that cannot be released under applicable law, including claims arising from Night Off's own gross negligence or willful misconduct.
Text messages are optional except for one-time passcodes or other messages necessary to verify your phone number or protect your account. Where the Service presents an optional text-message choice, you may create and use an account without agreeing to ongoing coordination texts.
If you opt in, Night Off may send event-driven texts about invitations, availability, requests, responses, confirmations, cancellations, and related service activity. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
You may change your coordination-text preference in the app or reply STOP to a Night Off text to unsubscribe. Reply HELP for help. A message already submitted to a carrier may still arrive after you opt out. Re-enabling texts in the app may require you to reply START if your carrier-level STOP remains active. See the SMS Opt-In Disclosure for additional details.
Do not use invitation, note, or booking fields to send unlawful, threatening, harassing, deceptive, promotional, or unwanted messages.
“Your Content” means names, family labels, child nicknames or descriptions, lists, availability, booking details, notes, rates, payment handles, and other information you submit to the Service.
You retain any rights you have in Your Content. You give Night Off a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, transmit, display, and otherwise process Your Content only as reasonably necessary to operate, secure, support, and improve the Service and to comply with law. This license ends when the content is deleted from our active systems, except to the extent it remains in backups or records that we or another user may retain as described in the Privacy Notice.
You are responsible for Your Content and confirm that you have the right to provide it. Use only the detail reasonably needed to coordinate childcare. Do not place Social Security numbers, financial-account credentials, medical records, school records, door or alarm codes, or other highly sensitive information in free-text notes.
You may not:
If you encounter abuse, a safety concern, or unauthorized account activity, stop using the affected connection and contact us at wade@toddcreekcapital.com. Night Off is not monitored as an emergency channel. In an emergency, call 911.
Each eligible family may make up to five confirmed bookings without a paid Night Off membership. Those five bookings do not expire. A booking counts when a sitter claims or accepts it and the Service records the confirmation. An unanswered or declined request does not count. A confirmed booking continues to count if it is later cancelled.
After the fifth confirmed booking, an active family membership is required to create new requests. Existing nights, sitter contacts, cancellation controls, settings, and account-deletion controls remain available. Previously sent requests may still be accepted where the Service permits.
Night Off may preserve different terms for existing subscribers or beta users. The Service will display the terms applicable to your family before checkout or in your billing portal.
The currently offered family membership options are:
There is no subscription trial for a new checkout. Sitters do not pay to use the sitter experience.
Your membership renews automatically at the end of each billing period, for the same period and at the then-current price, until you cancel. By starting a membership, you authorize Night Off and Stripe to charge your payment method at the start of each renewal period, plus any applicable taxes, until you cancel. Prices and material billing terms shown at checkout control if they differ from this page because of an approved legacy offer, promotion, or later price change disclosed to you. If we change the price of your membership, we will tell you before the change applies to your next renewal, and you may cancel before it takes effect.
Payment is processed through Night Off's Stripe-hosted web checkout and billing portal. Stripe receives and processes payment-card information under its own terms and privacy policy. Night Off receives subscription, customer, transaction, and status information but does not directly store your complete payment-card number.
If a payment fails, we may retry it, ask you to update your payment method, or suspend membership-only functionality. We will not remove access to existing nights, cancellation controls, settings, or account deletion solely because a membership ends.
You may cancel at any time through Manage membership in the app or the Stripe billing portal. Cancellation takes effect at the end of the current paid billing period unless the checkout or applicable law states otherwise. You retain membership access through that date. Cancelling a membership does not delete your account.
No refunds for charges already paid except where law requires a refund or Night Off confirms a duplicate or erroneous charge. If you believe a charge was duplicated or made in error, contact wade@toddcreekcapital.com so we can review it. Any refund we approve is returned through the original payment method and may take time to appear depending on the payment provider.
The Service relies on third-party providers, including Supabase for account and application data, Twilio and telecommunications carriers for text delivery, Stripe for billing, Railway for backend hosting, and Cloudflare for our website. Their services may be unavailable, delayed, or subject to their own terms and privacy practices. Links to third-party services are provided for convenience. Night Off does not control third-party services and is not responsible for their independent conduct, except to the extent responsibility cannot be excluded under applicable law.
Apple and Google. If you download a Night Off app from the Apple App Store or Google Play, you also agree to that store's terms. These Terms are between you and Night Off only, not Apple or Google. Night Off, not Apple or Google, is responsible for the app, its content, maintenance, support, and any claims relating to it, including product-liability, legal-compliance, consumer-protection, and intellectual-property claims. Apple and Google have no obligation to provide maintenance or support. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the app's purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. You confirm that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms for users of the iOS app and may enforce them against you.
Night Off and its licensors own the Service, including its software, design, branding, and content other than Your Content. Subject to these Terms, Night Off gives you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended childcare-coordination purpose.
No rights are granted except as expressly stated. “Night Off,” its logos, and associated branding may not be used without written permission.
If you send feedback or suggestions, you permit Night Off to use them without restriction or payment, but we will not identify you publicly as the source without permission.
You may stop using the Service or delete your account at any time. Account deletion is available in the app. Before deleting, resolve or directly communicate about upcoming arrangements; deleting an account does not notify other users.
Deleting your account permanently deletes your Night Off login for both app roles. If another parent remains, the shared family, membership, and family history remain for that parent. If you are the last parent, deletion is intended to close family billing and delete the family. A sitter profile, sitter availability, requests, and sitter-side family lists associated with the deleted account are deleted. Other families may retain contact details they saved, marked as removed, and their own booking and message history. Additional details and retention exceptions appear in the Privacy Notice.
Night Off may restrict, suspend, or terminate access if we reasonably believe you violated these Terms, created a safety or security risk, misused another person's information, failed to pay, or exposed Night Off or others to harm. Where practical, we may provide notice and an opportunity to contact support. We may act immediately for urgent safety, security, legal, or service-integrity reasons.
Sections that by their nature should survive termination—including ownership, payment obligations, the release, disclaimers, liability limits, indemnity, dispute resolution, and permitted record retention—will survive.
We may add, change, suspend, or discontinue Service features. We do not promise uninterrupted operation or delivery of every notification. Texts depend on carriers and phone settings; app functions depend on internet, platform, hosting, database, and payment services outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
We will try to provide reasonable notice before a change that materially reduces a paid membership's core functionality, unless an urgent security, legal, or operational issue makes advance notice impractical.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. NIGHT OFF DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NIGHT OFF DOES NOT WARRANT OR GUARANTEE THAT ANY USER IS WHO THEY CLAIM TO BE; THAT ANY SITTER OR FAMILY IS SUITABLE, SAFE, QUALIFIED, LICENSED, INSURED, OR AVAILABLE; THAT ANY ARRANGEMENT WILL OCCUR OR BE SATISFACTORY; OR THAT ANY APP OR TEXT NOTICE WILL BE TIMELY, COMPLETE, OR DELIVERED. NIGHT OFF IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, ON OR OFF THE SERVICE.
Some jurisdictions do not allow certain warranty disclaimers. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NIGHT OFF AND TODD CREEK CAPITAL, LLC, AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITIES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY BABYSITTING ARRANGEMENT OR USER CONDUCT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THEIR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID NIGHT OFF DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.
These limitations do not apply to liability that cannot lawfully be limited or excluded, including, where applicable law so provides, liability for gross negligence, willful misconduct, or death or personal injury caused by Night Off's own negligence.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Night Off and Todd Creek Capital, LLC, and its members, managers, officers, employees, contractors, and agents, 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) any babysitting arrangement you make, offer, or accept, (c) Your Content or information you provide about another person, (d) your violation of these Terms or of law, or (e) your violation of another person's rights. We may assume the exclusive defense of any matter subject to indemnity, and you will cooperate with that defense. If you are under 18, your parent or legal guardian gives this indemnity.
Informal resolution first. Before starting arbitration or a court case, you and Night Off agree to try for 30 days to resolve the dispute informally. Send a written description of the dispute, your contact information, and the resolution you want to wade@toddcreekcapital.com. We will send ours to the contact information associated with your account.
Binding individual arbitration. If the dispute is not resolved within 30 days, you and Night Off agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any babysitting arrangement made through the Service (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, and not in court. The Federal Arbitration Act governs this Section. The arbitrator decides all issues, except that a court decides questions about the scope, enforceability, and validity of the class-action waiver and the batch-arbitration provision. Hearings may be conducted by video or telephone, or in person in the county where you live or in Lancaster County, Nebraska, at your choice. Payment of AAA fees follows the AAA Consumer Arbitration Rules. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed for that party's individual claim.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies and stays there. Either party may seek an injunction in court to stop infringement or misuse of intellectual property, unauthorized access to the Service, or misuse of confidential information.
Class-action and jury waiver. YOU AND NIGHT OFF AGREE THAT EACH MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND NIGHT OFF WAIVE ANY RIGHT TO A JURY TRIAL. If a court finds this class-action waiver unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will be severed and decided in court after all individual arbitrable claims are resolved, and the rest of this Section still applies.
Batch arbitration. If 25 or more similar Disputes are filed against Night Off by or with the assistance of the same law firm or organization within 90 days, the AAA will administer them in batches of up to 50 claims each, with one arbitrator per batch, and the parties will cooperate to resolve them efficiently.
30-day opt-out. You may opt out of this arbitration agreement by emailing wade@toddcreekcapital.com within 30 days after you first accept these Terms (or, for existing users, within 30 days after the Effective Date above), with the subject line “Arbitration Opt-Out” and your name and the phone number on your account. Opting out does not affect any other part of these Terms. If you opt out, or if this arbitration agreement is found not to apply, Disputes will be resolved in a state or federal court located in Lancaster County, Nebraska, and you and Night Off consent to that court's jurisdiction.
Prior disputes. This Section does not apply to a Dispute that was pending in court, or that you had notified us of in writing, before the Effective Date.
Governing law. These Terms are governed by the laws of the State of Nebraska and applicable federal law, without regard to conflict-of-law principles, except to the extent the law where you live gives you consumer rights that cannot be waived.
Time limit. To the extent permitted by law, any Dispute must be filed within one year after it arises, or it is permanently barred.
We may update these Terms. The effective date appears at the top. If a change materially affects your rights or obligations, we will provide notice through the Service, at the phone number associated with your account, or by another reasonable method, and we will state when the change takes effect. If the change requires renewed agreement, we will ask for it. Otherwise, continued use after the effective date means you accept the updated Terms. Changes do not apply to a Dispute that arose before the new Terms became effective.
You agree that we may provide agreements, notices, disclosures, and other communications to you electronically, including in the app, by text message, by email, or on our website, and that these electronic communications satisfy any legal requirement that they be in writing.
These Terms, the Privacy Notice, the SMS Opt-In Disclosure, and any terms shown at checkout are the entire agreement between you and Night Off about the Service. If any provision is found unenforceable, the remaining provisions will continue to the extent permitted by law. A failure to enforce a provision is not a waiver.
You may not assign your account or these Terms without our written permission. Night Off may assign these Terms in connection with a merger, financing, reorganization, sale of assets, or transfer of the Service, subject to applicable law and the Privacy Notice.
Section headings are for convenience. “Including” means “including without limitation.” Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Night Off.
Todd Creek Capital, LLC
Nebraska, United States
Email: wade@toddcreekcapital.com