Terms & Conditions

These Terms & Conditions apply to your use of nightsterling.com, your Night Sterling account, and purchases made through our online store (the "Web Shop").

By creating an account, using the website, or making a purchase, you agree to these Terms. "Night Sterling", "we", "us", and "our" mean A-SOFTWARE Spółka z ograniczoną odpowiedzialnością (A-SOFTWARE Sp. z o.o.), the company that develops and operates Night Sterling, with its registered office in Warsaw, Poland.

Company details:

• Full legal name: A-SOFTWARE Spółka z ograniczoną odpowiedzialnością
• Legal form: spółka z ograniczoną odpowiedzialnością (Sp. z o.o.)
• Registered address: ul. Stefana Batorego 39/9, 02-591 Warszawa, Poland
• KRS: 0000966584
• NIP: 1133056000
• REGON: 521758529
• Registry court: Sąd Rejonowy dla m.st. Warszawy w Warszawie, XIV Wydział Gospodarczy KRS
• Share capital: 5 000,00 zł
• Date of entry in the KRS: 13 April 2022
• PKD: 62.01.Z — computer programming / IT

1. Key Documents and Order of Precedence

Your relationship with Night Sterling is governed by multiple documents:

• These Terms & Conditions (covering website, account, and Web Shop terms);
• The Night Sterling EULA (End User Licence Agreement for software use): https://nightsterling.com/eula
• The Privacy & Cookie Policy (detailing how we use personal data): https://nightsterling.com/privacy-and-cookie-policy

If there is a conflict between these documents:

• For software use, the EULA takes priority;
• For personal data, the Privacy & Cookie Policy takes priority;
• For website and shop matters, these Terms apply.

Cookies and similar technologies on nightsterling.com are managed via our cookie banner and are described in our Privacy & Cookie Policy.

These Terms, together with the EULA and the Privacy & Cookie Policy, form the entire agreement between you and Night Sterling regarding the website, Services, and Web Shop, and replace any prior terms on those subjects.

2. Definitions

• Consumer: an individual acting mainly outside their trade, business, craft, or profession.
• Business Customer: any customer that is not a Consumer.
• Digital Product: software, subscriptions, licences, digital downloads, or online features delivered electronically.
• Web Shop: the checkout and purchase area of nightsterling.com.
• Content: material you submit through the website or by email (including text, images, and attachments).

Services: nightsterling.com, the Web Shop, your Night Sterling account portal, and any related online services provided by Night Sterling in connection with our software.

3. Accounts and Eligibility

You may need an account to access downloads, licensing, subscriptions, and certain features.

You must:

• provide accurate and up-to-date information;
• keep your credentials secure; and
• be responsible for all activity under your account.

Accounts are not intended for children under 16, and we do not knowingly permit accounts to be created by children under this age. Where a stricter age applies in your country, that age applies.

We may suspend or close accounts for breach of these Terms, the EULA, applicable law, or for security reasons.

Where reasonably practicable, we will notify you before suspending or closing your account and give you an opportunity to respond, except where immediate action is required for security, legal, or abuse-prevention reasons.

 

4. Website Use and Acceptable Behaviour

You must not:

• misuse the website (including hacking, automated scraping that harms the service, or introducing malware);
• attempt unauthorised access to systems or accounts; or
• use the site to break the law or infringe intellectual property rights.

We may protect the site and users through rate-limiting, security controls, and moderation.

The website and Services may be updated, changed, suspended, or unavailable from time to time, and we do not guarantee uninterrupted availability.

 

5. Contact

There is no public forum or community board on nightsterling.com. Support is handled by email at [email protected].

 

6. Purchases: Digital Products (Subscriptions, Licences, Downloads)

This section applies when you buy Digital Products via the Web Shop.

6.1 Contract Formation

A contract forms when we confirm your order (e.g., via on-screen confirmation and/or email). We may refuse or cancel an order (for example, due to fraud risk, compliance reasons, or where an incorrect price or product information has been displayed in error). If we discover a pricing or listing error, we will contact you before processing the order and give you the option to proceed at the correct price or cancel. If we cancel after taking payment, we will refund the amount paid.

 

6.2 Pricing, Taxes, and Payment

Prices may include or exclude VAT depending on checkout configuration and your location/status. You are responsible for applicable taxes unless valid exemption details are provided.

 

We accept payment via the approved methods shown at checkout.

6.3 Subscriptions (Auto-Renewal, Cancellation, Access)

If you purchase a subscription:

 

• your subscription auto-renews unless you cancel before the renewal date;
• you can cancel via your account portal; cancellation stops the next renewal, and you will retain access until the end of the current paid billing period (unless access is terminated earlier for breach); and
• subscription pricing and plan features may change over time; where required, we will provide notice before changes take effect.

 

6.4 Perpetual Licences

If you purchase a perpetual licence:

• it grants ongoing usage rights for the relevant version/edition as described in your purchase and the EULA; and
• support, updates, and online features (if any) may be governed by separate plan entitlements or service terms.

 

6.5 Licence Terms

Use of the Software is governed by the Night Sterling EULA: https://nightsterling.com/eula. If there is a conflict between sales terms and the EULA regarding software use, the EULA controls.

 

6.6 Educational Plans

If you purchase an educational licence or discounted educational plan, you confirm you meet the eligibility criteria stated at purchase. We may request reasonable proof of eligibility and may suspend, downgrade, or cancel educational access (with appropriate notice where practicable) if eligibility is not met.

 

7. Refunds and Cancellations

7.1 Business Customers

For Business Customers, all sales are final unless we explicitly agree otherwise in writing, or unless mandatory law requires otherwise.

 

7.2 Consumers – Digital Content and the Right to Cancel

If you are a Consumer in the EU, EEA, or the UK, you generally have a legal right to withdraw from a distance contract within 14 days of concluding the contract, without giving a reason.

 

For digital content (including software downloads, licence keys, activation, and access to online features), this right is lost if:

• you requested or consented to immediate delivery of the Digital Product (for example, by downloading the installer, receiving a licence key, activating, or using the Software or online features); and
• you acknowledged that you would lose the 14-day withdrawal right as a result,

to the extent permitted by mandatory consumer law. We will present the required wording at checkout or before delivery.

To withdraw where the right still applies, email [email protected] within 14 days with your name, order email, order reference, and a clear statement that you withdraw. You may use the model form below, but it is not required.

Model withdrawal form:

— To: A-SOFTWARE Spółka z ograniczoną odpowiedzialnością, ul. Stefana Batorego 39/9, 02-591 Warszawa, Poland, [email protected]
— I/We hereby withdraw from the contract for the following digital product: [name / plan]
— Ordered on: [date] / received on: [date]
— Consumer name:
— Consumer address:
— Date:

We will confirm receipt and refund using the original payment method without undue delay and no later than 14 days after we are informed of the withdrawal, unless mandatory law provides otherwise.

 

7.3 What We Do Not Refund

Subject to your statutory rights (Section 7.4), and except where required by law, we do not provide refunds:

 

• because you changed your mind after download, activation, or use;
• because your device does not meet requirements or you did not check compatibility; or
• for partial periods of a subscription after the subscription period has started (unless required by law or explicitly stated in a plan).

 

7.4 Faults, Misdescriptions, and Statutory Rights

Nothing in these Terms limits Consumer statutory rights relating to faulty, misdescribed, or non-conforming digital content or services.

If you believe there is a fault, please contact support and we will work with you to resolve it.

8. Future Physical Goods

We do not currently sell physical goods through nightsterling.com. If we do in the future, additional terms may apply (covering delivery, risk, and returns). Any such terms will be presented at purchase and/or added to these Terms.

 

9. Third-Party Services and Google/YouTube Terms

Some features may integrate third-party services (for example, cloud storage, stock media, or publishing platforms). Your use of those services is subject to their own terms and policies.

YouTube

To the extent you access YouTube services or content through Night Sterling, you agree to be bound by the YouTube Terms of Service: https://www.youtube.com/t/terms.

Where YouTube API Services are used, your use of those features is also subject to the YouTube Terms of Service and the Google Privacy Policy (as described in our Privacy & Cookie Policy).

Links to third-party sites are provided for convenience, and Night Sterling is not responsible for their content, availability, or practices.

10. Intellectual Property

The website, Software, and Night Sterling materials (including branding, UI, content we provide, and downloads) are owned by A-SOFTWARE Spółka z ograniczoną odpowiedzialnością or its licensors and are protected by intellectual property laws. "Night Sterling" is a product name used by that company.

You may not copy, reproduce, or exploit our materials except as expressly permitted by these Terms and the EULA. 

 

11. Limitation of Liability

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any liability that cannot be excluded by law.

Consumers: nothing in these Terms limits your statutory rights.

Business Customers: to the maximum extent permitted by law, A-SOFTWARE Sp. z o.o. is not liable for indirect or consequential loss, loss of profits, or loss of business opportunity. The company's total aggregate liability arising out of or in connection with these Terms will not exceed the amount you paid for the relevant purchase in the 12 months preceding the event giving rise to the claim (or PLN 2 000 if nothing was paid).

 

12. Changes to These Terms

We may update these Terms from time to time. We will update the "Last updated" date and, where appropriate, provide notice of material changes (e.g., via a website notice and/or account email). Notices may be given by posting on nightsterling.com and/or by email to the address associated with your account.

 

13. Force Majeure

Night Sterling is not responsible for delays or failures in performance caused by events beyond our reasonable control (for example: internet or hosting failures, power outages, acts of government, strikes, supply chain disruptions, or cyberattacks). Where reasonably practicable, we will take steps to minimise disruption and restore services.

14. Severability and No Waiver

If any part of these Terms is found unenforceable, the rest remains in effect. If we do not enforce a term, that does not waive our right to enforce it later.

 

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Poland. The courts of Warsaw have jurisdiction, except that Consumers may also bring claims in their country of residence where mandatory law allows.

These Terms are published in English. Mandatory consumer protections of your country of residence still apply and cannot be waived. If you are a Consumer residing in Poland, you may request information about these Terms in Polish by emailing support.

 

16. Contact

Support and account queries: [email protected]

Operator: A-SOFTWARE Spółka z ograniczoną odpowiedzialnością, ul. Stefana Batorego 39/9, 02-591 Warszawa, Poland. KRS 0000966584, NIP 1133056000, REGON 521758529.

 

Last updated: 28 August 2026