Night Protocol9:30 PM

Terms of Use

Draft for counsel review. Effective date, company address, terms contact, governing law, and dispute terms are still to be confirmed before publication.

Acceptance

These Terms of Use ("Terms") govern your use of Night Protocol, an SMS journal owned and operated by Muir Labs, Inc. ("Muir Labs," "we," "us," or "our"). By signing up for or using Night Protocol, you agree to these Terms. If you do not agree, do not use Night Protocol.

The Service

Night Protocol is an ultra-minimal SMS journal. You enter a U.S. or Canadian phone number, choose one nightly lens, and provide or allow us to infer a timezone. Night Protocol sends that lens's question by text around 9:30 PM local time. You reply by SMS. Your reply is saved as a private journal entry.

If you choose the Custom lens, Night Protocol sends the custom message you write instead of a preset question.

The service may include SMS prompts, SMS commands, private web reply links, journal links, export tools, deletion tools, and related website features. Night Protocol currently supports U.S. and Canadian phone numbers only. Availability outside the United States and Canada is not supported unless Muir Labs says otherwise. The service's free, paid, beta, invite-only, waitlist, or general availability status is still to be confirmed before publication.

Eligibility

You must meet the minimum age requirement, which is still to be confirmed before publication, and you must have the legal authority to agree to these Terms. You may use Night Protocol only for yourself unless Muir Labs separately authorizes another use.

You may not sign up someone else's phone number without their permission.

Your Phone Number

You must provide a valid U.S. or Canadian mobile phone number that you own or control. You are responsible for keeping control of that number.

If your number changes, is reassigned, is shared, or is no longer under your control, someone else may receive prompts, links, or messages intended for you. You should stop using Night Protocol or contact us if you lose control of your number.

SMS Consent

By entering your phone number and signing up, you consent to receive recurring automated SMS messages from Night Protocol and Muir Labs at the U.S. or Canadian number you provide. These messages may include nightly journal prompts, command responses, private links, journal links, export links, deletion confirmations, service notices, and related operational messages.

Message frequency is usually nightly, plus messages you request or that are needed to operate the service. Message and data rates may apply. Message delivery may depend on your carrier, Twilio, SMS networks, device settings, and other systems outside Muir Labs' control.

Consent to SMS messages is required to use the SMS journal service, but it is not a condition of purchasing any unrelated product or service from Muir Labs. Night Protocol does not use your SMS consent for marketing texts unless Muir Labs confirms and discloses that practice separately.

SMS Commands

  • STOP opts out.
  • START resumes.
  • PAUSE pauses nightly prompts.
  • PRIVATE sends a private web reply link.
  • JOURNAL sends a journal link.
  • EXPORT exports entries.
  • ERASE begins deletion.
  • ERASE YES confirms deletion.

STOP stops Night Protocol SMS messages, except for a permitted confirmation or legally required message. START resumes messages where available. PAUSE pauses nightly prompts without necessarily deleting your account or entries. We may also treat other clear opt-out language as an opt-out where required by law or service-provider rules.

No Emergency Use

Night Protocol is not an emergency service. Do not use Night Protocol to request emergency help.

If you or someone else is in immediate danger, call 911 or local emergency services.

If you are in the United States and are experiencing a suicide, mental-health, or substance-use crisis, call or text 988, or use the 988 Lifeline chat.

If you are in Canada and are experiencing a suicide or mental-health crisis, call or text 9-8-8.

Not Therapy

Night Protocol is a journaling tool. It is not therapy, medical care, mental-health care, crisis counseling, diagnosis, treatment, or professional advice.

Muir Labs is not providing medical, mental-health, legal, financial, or other professional advice through Night Protocol. Do not rely on Night Protocol as a substitute for a doctor, therapist, counselor, crisis line, emergency service, or other qualified professional.

Your Entries

You own your journal entries.

You give Muir Labs a limited license to receive, transmit, host, store, encrypt, decrypt where needed to show or export entries, process, display, export, delete, and otherwise use your journal entries only as needed to operate Night Protocol, provide requested features, secure the service, comply with law, and enforce these Terms.

Muir Labs does not sell users' words and does not train AI models on journal entries.

Private Links

Night Protocol may send private links, journal links, export links, or other magic links by SMS. Treat these links like passwords. Anyone with access to your phone or those links may be able to access the linked content while the link is valid.

Magic links are random, stored as hashes, and currently expire after 24 hours. You are responsible for keeping your phone, SMS messages, and links secure.

Acceptable Use

You agree not to misuse Night Protocol. You may not:

  • Use Night Protocol for illegal, harmful, abusive, fraudulent, or unauthorized purposes.
  • Sign up a phone number you do not own or control.
  • Use Night Protocol to harass, threaten, impersonate, or harm anyone.
  • Interfere with the service, overload systems, bypass security controls, scrape, reverse engineer, or probe the service without authorization.
  • Use Night Protocol to transmit malware, spam, or unlawful content.
  • Sell, resell, or commercially exploit Night Protocol without written permission.
  • Use Night Protocol in a way that violates these Terms, applicable law, carrier rules, Twilio rules, or other service-provider requirements.

Privacy

The Night Protocol Privacy Policy is part of these Terms. It explains how Muir Labs collects, uses, discloses, stores, and protects information. By using Night Protocol, you agree that Muir Labs may process information as described in the Privacy Policy.

Availability And Changes

Night Protocol may be delayed, interrupted, unavailable, changed, suspended, or discontinued at any time. Nightly prompts are intended to arrive around 9:30 PM local time, but delivery times may vary. SMS delivery is not guaranteed.

Muir Labs may change features, commands, message timing, security controls, link behavior, retention practices, or service availability. Where required by law, we will provide notice.

Beta Features

If Night Protocol is offered as a beta, preview, waitlist, invite-only, or experimental service, it may be less reliable than a generally available service. Beta or experimental features may change, break, lose data, or be discontinued.

Fees

Whether Night Protocol is free, paid, subscription-based, trial-based, usage-based, or otherwise is still to be confirmed before publication. If Night Protocol is paid, payment terms, renewal terms, cancellation terms, refund terms, taxes, price-change rules, and payment-provider terms should be added.

Message and data rates may apply to SMS messages regardless of whether Night Protocol itself is free or paid.

Termination

You may stop using Night Protocol at any time. You may text STOP to opt out of SMS messages. You may text ERASE and then ERASE YES to begin deletion.

Muir Labs may suspend or terminate your access to Night Protocol if we believe you violated these Terms, created legal or security risk, misused the service, used a phone number you do not control, or if we discontinue the service. Termination may not immediately delete all records. Some records may be retained as described in the Privacy Policy.

Muir Labs IP

Night Protocol, Muir Labs, the website, software, systems, design, prompts, names, logos, and related materials are owned by Muir Labs or its licensors. These Terms do not give you ownership of Muir Labs intellectual property. You may use Night Protocol only as permitted by these Terms.

Your journal entries are not Muir Labs intellectual property.

Feedback

If you send ideas, suggestions, bug reports, or feedback, Muir Labs may use them without restriction or compensation to you. This does not give Muir Labs ownership of your journal entries.

Third-Party Services

Night Protocol depends on third-party services, including Twilio, mobile carriers, SMS delivery systems, hosting providers, database providers, and security or logging infrastructure.

Muir Labs does not control mobile carriers, Twilio, SMS delivery systems, your phone, your phone backups, or third-party systems outside Night Protocol. Third-party delays, filtering, outages, fees, security incidents, retention practices, or delivery failures may affect Night Protocol.

Disclaimers

Night Protocol is provided "as is" and "as available." To the maximum extent permitted by law, Muir Labs disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, security, and uninterrupted operation.

Muir Labs does not warrant that Night Protocol will be error-free, secure, available at any particular time, or that journal entries will never be lost, delayed, corrupted, accessed, or unavailable. SMS is not end-to-end encrypted. Night Protocol is not an emergency service, therapy, medical care, mental-health care, or professional advice.

Some jurisdictions do not allow certain warranty disclaimers, so some disclaimers may not apply to you.

Liability

To the maximum extent permitted by law, Muir Labs will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, service interruption, device issues, carrier issues, SMS delivery failures, or unauthorized access to SMS messages or links.

The liability cap and whether to include indemnity for consumer users are still to be confirmed by counsel. Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

Disputes

Governing law, venue, arbitration, jury-trial waiver, class-action waiver, mass-arbitration procedures, small-claims carveout, opt-out procedure, and consumer-law exceptions are still to be confirmed before publication.

Changes

Muir Labs may update these Terms from time to time. The updated Terms will be posted with a new effective date. If changes are material, Muir Labs will provide additional notice where required by law. Your continued use of Night Protocol after updated Terms take effect means you accept the updated Terms.

Contact

Muir Labs, Inc. Company address and terms contact are still to be confirmed before publication.

Return