These Terms of Service (“Terms”) govern your access to and use of Nobody's Watching, operating at nobodyswatching.app (the “Service”). By accessing the Service, submitting a prediction, or purchasing the advertising slot, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Service.
1. Description of service
The Service offers a single advertising placement (the “Slot”) for sale in successive time-limited cycles. The price of the Slot decreases automatically over the course of a cycle. Registered users may reduce the price further by submitting a “knock,” and may earn credit toward a future purchase by correctly predicting the eventual sale price. The price displayed at any given moment reflects only the price at that moment and is not a guaranteed or reserved price.
2. Purchase and allocation of the slot
The Slot is allocated to the first user who successfully completes payment at the price then in effect. Because the price is updated continuously, it is possible for two or more users to attempt payment within a short interval of one another. In such cases, only one purchase will be honored. Any other payment received for the same cycle will be automatically refunded in full, and the affected user will receive a refund confirmation by email.
3. Delivery of the slot
Upon a successful purchase, the purchaser's submitted title, tagline, description, logo, and link will be displayed on the Service for the remainder of the then-current cycle, and thereafter retained in the Service's public archive as a permanent record of that cycle. The duration of display corresponds to the time remaining in the cycle at the moment of purchase, not a fixed period measured from the time of purchase. The Service makes no representation or warranty regarding the volume of traffic, engagement, or any other outcome resulting from display of the purchaser's content.
4. User content and conduct
You agree not to submit content that is unlawful, defamatory, hateful, sexually explicit, fraudulent, or that infringes the intellectual property or other rights of any third party, and not to submit links to malicious software or phishing destinations. We reserve the right, at our sole discretion, to refuse, remove, or suspend the display of any content that violates these Terms, including after it has been made public.
5. Payment processing and refunds
All payments are processed by Stripe, Inc. Use of the Service to purchase the Slot constitutes agreement to Stripe's Services Agreement to the extent applicable to the processing of that payment. We do not collect or store payment card information.
Except for the automatic refund described in Section 2, purchases are final once the purchaser's content has been displayed on the Service as described in Section 3. If you believe a payment was processed in error, or that the Service failed to deliver what was purchased, contact us using the information in Section 9.
6. Credits
Credit awarded for a correct price prediction has no cash value, is non-transferable, and may be applied only to reduce the purchase price of the Slot in a future cycle on the Service.
7. Disclaimer of warranties
The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including without limitation 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.
8. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Nobody's Watching be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service, even if advised of the possibility of such damages. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
9. Contact
Questions regarding these Terms, a charge, or a listing should be directed to nobodyswatchingapp@proton.me. See also our Privacy Policy.
10. Changes to these terms
We may amend these Terms from time to time. Material changes will be reflected by an updated date at the top of this page. Continued use of the Service following any such change constitutes acceptance of the revised Terms.