Draft for counsel review — effective date pending owner and counsel approval.
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 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.
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.
You must be at least 18 years old and able to enter into these Terms 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. By creating or using a sitter account while under 18, you confirm that you have that permission.
Parents and guardians are responsible for deciding whether a minor may provide babysitting services and for supervising the minor's use of the Service as appropriate. Families and sitters remain responsible for following laws and rules that apply to them and to 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 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 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, 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 use appropriate 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 and legal obligations.
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.
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 selected membership renews automatically for the same billing period until cancelled. You authorize Night Off and Stripe to charge the payment method associated with your checkout at the beginning of each renewal period, plus any applicable taxes. 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.
Payment is processed through Night Off's Stripe-hosted web checkout and billing portal. Stripe receives and processes payment-card information under its own privacy terms. 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 are available except where law requires or for a confirmed 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, and Railway or other hosting providers for backend infrastructure. 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.
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, disclaimers, liability limits, dispute terms, 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 complete 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.” NIGHT OFF DISCLAIMS 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.
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'S 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, ARISING FROM OR RELATED TO THE SERVICE OR A USER'S BABYSITTING ARRANGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THEIR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE 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.
Before filing a claim, you and Night Off agree to try in good faith to resolve it informally. Send a written description of the dispute and requested resolution to wade@toddcreekcapital.com. We will do the same using the contact information associated with your account.
These Terms are governed by Nebraska law, without regard to conflict-of-law principles, except to the extent the law where you live gives you rights that cannot be waived. Subject to those non-waivable rights, any court proceeding must be brought in a state or federal court located in Nebraska, and each party consents to that court's jurisdiction.
Nothing in this section prevents either party from bringing an eligible individual claim in small-claims court or seeking urgent relief for misuse of intellectual property, account security, or confidential information.
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. 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 retroactively alter a dispute that arose before the new Terms became effective unless both sides agree or applicable law permits.
These Terms and the policies expressly incorporated into them 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.” Electronic communications and records may satisfy writing requirements to the extent permitted by law.
Todd Creek Capital, LLC Nebraska, United States Email: wade@toddcreekcapital.com