Terms of Service

1. Acceptance of Terms

By accessing or using the Nightwave AI platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you (and the law enforcement agency you represent) and Nightwave AI, Inc. ("Nightwave AI," "we," "us," or "our").

2. Eligibility and Account Registration

2.1 Authorized Users

The Service is available exclusively to authorized law enforcement personnel, government agencies, and approved criminal justice entities. You must:

• Be at least 18 years of age
• Be employed by or contracted with a qualified law enforcement agency
• Have completed required CJIS training and background checks
• Possess proper authorization from your agency to access the Service

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You must immediately notify us of any unauthorized access or security breach. You agree not to share your account with unauthorized individuals.

3. Permitted Use

3.1 Authorized Activities

You may use the Service only for legitimate law enforcement purposes, including:

• Criminal investigations and case management
• Digital evidence analysis and processing
• Intelligence gathering and threat assessment
• Training and educational purposes within your agency

3.2 Prohibited Activities

You agree NOT to:

• Use the Service for personal, non-law enforcement purposes
• Access or attempt to access data belonging to other agencies without authorization
• Reverse engineer, decompile, or disassemble any part of the Service
• Introduce malware, viruses, or malicious code
• Violate any applicable laws, regulations, or agency policies
• Share access credentials with unauthorized individuals
• Use the Service to violate civil rights or constitutional protections
• Attempt to circumvent security measures or access controls

4. Data Ownership and License

4.1 Your Data

You and your agency retain all ownership rights to the data, evidence, and case materials you upload to the Service. By using the Service, you grant us a limited license to process, analyze, and store your data solely for the purpose of providing the Service to you.

4.2 Our Intellectual Property

The Service, including all software, algorithms, AI models, user interfaces, and documentation, is owned by Nightwave AI and protected by intellectual property laws. We grant you a non-exclusive, non-transferable license to use the Service in accordance with these Terms.

5. CJIS Compliance

Nightwave AI maintains compliance with the FBI's Criminal Justice Information Services (CJIS) Security Policy. All users must:

• Complete CJIS Security Awareness Training
• Undergo appropriate background checks
• Follow CJIS-compliant authentication procedures
• Report security incidents within required timeframes
• Comply with all CJIS audit and inspection requirements

6. Service Availability and Modifications

We strive to provide 99.9% uptime but do not guarantee uninterrupted access. We may:

• Perform scheduled maintenance with advance notice
• Modify or discontinue features with reasonable notice
• Suspend access for security reasons or policy violations
• Update the Service to improve functionality or compliance

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTWAVE AI SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of data, profits, or investigative opportunities
• Service interruptions or data breaches beyond our reasonable control
• Actions taken based on AI-generated analysis or recommendations

Our total liability shall not exceed the fees paid by your agency in the 12 months preceding the claim.

8. Indemnification

You agree to indemnify and hold harmless Nightwave AI from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

9. Termination

We may suspend or terminate your access to the Service immediately if:

• You violate these Terms or applicable laws
• Your agency's subscription expires or is terminated
• We detect unauthorized or suspicious activity
• Required by law or regulatory authority

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law for government entities.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance of the modified Terms.

12. Contact Information