Terms of Service

Effective Date: September 16, 2026

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you and Cloak Communications LLC ("Midnight," "we," "us," or "our"), governing your access to and use of the Midnight app and related services (the "Service"). By creating an account or using Midnight, you agree to these Terms. If you don't agree, don't use the Service.

2. Eligibility

You must be at least 16 years old to use Midnight. By creating an account, you represent and confirm that you are at least 16. We do not independently verify age, and we rely on this representation. If we learn that a user is under 16, we reserve the right to suspend or terminate that account.

3. Account Registration

You create an account using your email address and a one-time passcode sent to that email. You agree to provide accurate information and to keep your account secure. You are responsible for all activity that occurs under your account.

4. The Service

4.1 How Midnight Works

Midnight lets you post, comment, and vote on content. Content you post is visible to other users until it expires.

4.2 No Guarantee of Availability or Permanence

Midnight's content is designed to be temporary. Posts expire and are automatically deleted. This is a core feature, not a bug: you should not expect any post to be preserved, backed up, or recoverable after it expires. We also do not guarantee that the Service will be available at all times, uninterrupted, or error free.

5. User Content

5.1 Ownership

You retain ownership of the content you post to Midnight ("User Content"). We don't claim ownership of it.

5.2 License Grant to Us

By posting User Content, you grant Midnight a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, distribute, and otherwise use that content for the purpose of operating, providing, and promoting the Service. For example, this includes displaying your posts to other users or using anonymized screenshots to promote the app. This license ends when your content expires or is deleted, or when you delete your account, except that copies may briefly persist in backups or logs during the ordinary course of their deletion cycle, or as part of a retained report record as described in our Privacy Policy.

5.3 Your Responsibility for Content

You are solely responsible for what you post. You agree not to post content that violates these Terms, our Community Guidelines, or applicable law.

5.4 Representations Regarding User Content

By posting User Content, you represent and warrant that you own or have the necessary rights to that content, and that it does not infringe or violate the intellectual property rights, privacy rights, or other rights of any third party.

6. Acceptable Use

You agree to use Midnight in accordance with our Community Guidelines. Without limiting those guidelines, you agree not to post content that is illegal, including any sexual content involving minors; to harass, threaten, or bully other users; to impersonate another person or entity; to post spam or unauthorized commercial content; to attempt to circumvent a suspension, ban, or block; or to interfere with or disrupt the Service, including through automated means such as bots or scraping.

7. Copyright Policy (DMCA)

We respect the intellectual property rights of others and expect users of Midnight to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

7.1 Filing a Takedown Notice

If you believe that content on Midnight infringes your copyright, you may send a written notice to our designated agent at [email protected]. Your notice must include a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing, together with information reasonably sufficient to let us locate it on Midnight, for example a post ID or a description of the content and approximately when it was posted, noting that Midnight content expires and may no longer be available by the time we receive your notice; your contact information, including your name, address, telephone number, and email address; a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

7.2 Counter-Notice

If you believe content you posted was removed in error, you may submit a counter-notice to the same email address containing the information required under 17 U.S.C. Section 512(g)(3).

7.3 Repeat Infringers

We reserve the right to remove content and to suspend or terminate the accounts of users who are repeat infringers.

7.4 Limitations Specific to Midnight

Because Midnight content expires and is automatically and permanently deleted on the schedule described in our Privacy Policy, a takedown request received after content has already expired may be moot, as the content will already be inaccessible and removed from our systems.

8. Reporting and Enforcement

Users can report posts and comments they believe violate our Community Guidelines. Reports are reviewed by our team. We reserve the right, at our sole discretion, to remove content, and to suspend or terminate accounts that violate these Terms or our Community Guidelines. We do not guarantee a specific review or response time for any report. As described in our Privacy Policy, a record of a report, including a snapshot of the reported content and the reported user's identity, is retained independently of the underlying post, comment, or account for a limited period to support review and enforcement.

9. Blocking

Midnight lets you block other users. Blocking prevents mutual visibility of posts, comments, and votes between you and the blocked user, as described in the app. Blocking is a personal safety tool and does not itself constitute a report to us. If you want us to review a user's content, please also use the report feature.

10. Termination

You may delete your account at any time within the app. We may suspend or terminate your account, with or without notice, if we believe you have violated these Terms, our Community Guidelines, or applicable law, or for any other reason at our discretion. Upon termination, your right to use the Service ends immediately. Sections 5, 7, 12, 13, 14, 17, and 18 survive termination.

11. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will update the effective date above, post an in-app notice, and send a notice to the email address associated with your account before, or as soon as reasonably practicable after, the change takes effect. Non-material changes, such as clarifications or corrections that do not affect your rights or obligations, may be made without individual notice, though the effective date above will still be updated. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to a change, your only remedy is to stop using the Service and delete your account.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. WE ARE NOT RESPONSIBLE FOR USER CONTENT POSTED BY OTHERS, AND WE DO NOT ENDORSE ANY USER CONTENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOAK COMMUNICATIONS LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to indemnify and hold harmless Cloak Communications LLC from any claims, damages, or expenses, including reasonable attorneys' fees, arising from your use of the Service, your User Content, or your violation of these Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws principles. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Colorado, and you consent to their jurisdiction.

16. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. We may assign or transfer these Terms, and any of our rights or obligations under them, without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. These Terms will bind and benefit each party's permitted successors and assigns.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Community Guidelines and Privacy Policy, constitute the entire agreement between you and Cloak Communications LLC regarding the Service, and supersede any prior agreements or understandings, whether written or oral, regarding the same subject matter. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

19. Contact Us

Questions about these Terms? Contact us at [email protected].