Policies

These Terms of Service (“Terms”) govern your access to and use of the NITEDAY website, store, and related services (collectively, the “Site”). By accessing or using the Site — including browsing, purchasing, downloading, or booking services — you agree to be bound by these Terms.

Important: Nothing in these Terms is intended to limit any consumer rights that cannot be waived under applicable law.

Questions? Contact us via niteday.com/contact (or email support@niteday.com).

1) Who we are

NITEDAY is an independent music and creative brand based in Montreal, Quebec, Canada. References to “we”, “us”, or “our” refer to NITEDAY.

2) Eligibility

The Site is open to visitors of all ages for browsing and listening. However, you must be at least 16 years old (or the age of majority in your jurisdiction, whichever is greater) to make a purchase, subscribe to our newsletter, or submit personal information through the Site. If you are under this age, a parent or guardian may make purchases on your behalf.

3) Purchases and payments

• All payments are processed securely through Stripe. We do not store your full payment card details on our servers.
• Prices are displayed in the currency shown at checkout and may be subject to applicable taxes (calculated by Stripe Tax where enabled).
• You agree to provide accurate and complete payment information.
• We reserve the right to refuse or cancel orders at our discretion, including in cases of suspected fraud or pricing errors.

4) Digital products and downloads

Different types of digital products come with different usage rights:

a) Music downloads (tracks, albums, mixes)

When you purchase or download music, you receive a limited, non-exclusive, personal license for private listening only. You may not redistribute, resell, re-upload, sample, remix, or claim authorship of any music you download — unless a separate license explicitly permits it.

b) Sample packs, presets, production tools, and other digital downloads

When you purchase a sample pack, preset pack, production tool, or any other digital download, the usage rights depend on the product. Unless a specific license for the product states otherwise:

• Production content (samples, loops, presets, etc.) may be used in your own original productions, including for commercial release.
• Other digital downloads are licensed for your personal use only.
• In all cases, you may not redistribute, resell, share, or repackage the raw files — whether free or paid — or include them in competing products or libraries.
• You may not claim authorship of the original files.

If a product includes its own specific license, those terms supersede this section.

c) Courses, tutorials, and educational content

Educational content is licensed for your personal educational use only. You may not redistribute, share, re-upload, or resell course materials in any form.

d) Download access

Download access may be subject to reasonable limits (such as expiring links or download caps) to protect against abuse. If you lose access to something you purchased, contact us and we will help.

5) Audio services

If we offer audio services (mixing, mastering, ghost production, etc.), the following applies:

• Services are provided based on the scope agreed upon at the time of booking.
• Delivery timelines are estimates and may vary based on workload and project complexity.
• You are responsible for providing all necessary materials (stems, references, etc.) in a timely manner. Delays on your end may affect delivery.
• Ownership and usage rights for the delivered work are as specified in the service listing or a separate agreement. Unless otherwise stated, we retain the right to credit ourselves as the engineer/producer.
• For ghost production, agreed-upon rights transfer to you upon full payment and delivery, as outlined in the service terms.

6) Intellectual property

• All content on the Site — including music, artwork, text, graphics, logos, and software — is owned by NITEDAY or its licensors and is protected by copyright and other intellectual property laws.
• You may not copy, reproduce, distribute, modify, or create derivative works from any Site content except as explicitly permitted by these Terms or a separate license.
• The NITEDAY name, logo, and branding are our trademarks. You may not use them without prior written permission.

7) User conduct

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms.
• Attempt to circumvent download protections, access controls, or security measures.
• Use bots, scrapers, or automated tools to access the Site or its content.
• Interfere with or disrupt the Site’s operation or infrastructure.
• Impersonate any person or misrepresent your affiliation with any entity.
• Submit false information during checkout or signup.

8) Refunds and returns

Refunds and returns are governed by our Refund Policy, which is incorporated into these Terms by reference.

9) Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information.

10) Third-party services

The Site relies on third-party services including Stripe (payments), Kit/ConvertKit (email), Resend (transactional email), and Cloudflare (hosting and security). Your use of features powered by these services may be subject to their own terms and policies.

11) Disclaimer of warranties

The Site and all content, products, and services are provided “as is” and “as available” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

12) Limitation of liability

To the fullest extent permitted by applicable law, NITEDAY and its owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or any purchase — including but not limited to loss of profits, data, or goodwill. Our total liability for any claim shall not exceed the amount you paid for the specific product or service giving rise to the claim.

13) Indemnification

You agree to indemnify and hold harmless NITEDAY and its owner from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

14) Right to refuse service

We reserve the right to cancel orders, revoke download access, or refuse service to anyone at any time, without prior notice, if we reasonably believe they have violated these Terms or engaged in fraudulent or abusive conduct.

15) Changes to these Terms

We may update these Terms from time to time. The “Last updated” date on this page indicates when they were last revised. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

16) Governing law

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Quebec.

17) Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18) Contact

Questions? Contact us via niteday.com/contact (or email support@niteday.com).

This Refund Policy explains how refunds, returns, and cancellations work for purchases made on NITEDAY (the "Store" or "Site"). By purchasing, you agree to the terms below.

Important: Nothing in this Refund Policy is intended to limit any consumer rights that cannot be waived under applicable law.

Questions? Contact us via niteday.com/contact (or email support@niteday.com).

1) What we sell

• Digital goods (e.g., downloadable content, music downloads, sample packs, presets, digital products)
• Physical merch shipped to you (when available)
• Audio services (e.g., mixing, mastering, ghost production, if offered)
• Educational content (e.g., courses, tutorials, mentoring sessions, if offered)
• Tickets and events (if offered)

2) Digital goods (downloads): all sales are generally final

Because digital goods can be copied and cannot be “returned” in the same way as physical items, all digital sales are generally final once access is provided (for example, when a download link is shown or delivered).

We may still provide a refund or replacement in reasonable cases such as:

• Duplicate charge (you were charged more than once for the same order)
• Accidental duplicate purchase of the same digital item (case-by-case)
• Technical issues on our side that prevent you from accessing what you purchased, after we’ve had a reasonable chance to help
• Unauthorized or fraudulent purchases (reviewed case-by-case)

Download access, limits, and security

To protect our work and prevent abuse, downloads may be subject to reasonable technical safeguards such as rate limits, expiring access links, or download limits. If you can’t access a file you purchased, contact us and we’ll help restore access.

3) Music purchases

Paid music downloads are treated as digital goods (see Section 2).

If we offer free downloads (for example, through an email gate), they may still be subject to anti-abuse safeguards (such as expiring links or rate limiting).

4) Physical merch (shipped)

If your order includes physical merch, returns may be available depending on the item and condition. Unless a product page says otherwise, the following terms apply:

• Return window: request a return within 30 days of delivery.
• Condition: items must be unworn/unused, unwashed, and in original condition (including tags/packaging where applicable).
• Final sale: certain items may be final sale (e.g., limited drops, clearance, customized items) if clearly marked.
• Damaged/wrong items: contact us within 7 days of delivery with photos so we can make it right.

Return shipping and international orders

• Return shipping: unless the item is defective or we shipped the wrong item, you are responsible for return shipping costs.
• Duties/taxes: international customers are responsible for any customs duties, taxes, or import fees. Delays caused by customs are not refundable.

5) Audio services (if offered)

Audio services are custom creative work and are generally non-refundable once work has begun.

• Revisions: unless stated otherwise in the service listing or agreement, a reasonable number of revisions is included. Additional revisions beyond that may incur extra fees.
• Scope: the deliverable is based on what was agreed upon at the time of booking. Significant changes to the brief after work has started may be treated as a new project.
• Cancellation before work begins: if you cancel before any work has started, we may issue a partial or full refund at our discretion.
• Ghost production: once delivered, the agreed-upon rights transfer to the buyer as outlined in the service terms. Ghost production is final sale.

6) Educational content (if offered)

• Pre-recorded courses and tutorials are treated as digital goods (see Section 2) — all sales are generally final once access is provided.
• Live mentoring or coaching sessions are non-refundable once the session has taken place. If you need to reschedule, contact us at least 24 hours in advance and we will do our best to accommodate.
• No-shows: if you miss a scheduled session without notice, it is considered used and no refund or reschedule will be offered.

7) Tickets and events (if offered)

Tickets and event bookings are generally non-refundable unless we cancel or are unable to deliver what was promised. If we reschedule an event, we may offer transfer, credit, or another remedy depending on the circumstances.

8) How refunds are issued

• Method: refunds are issued back to the original payment method (processed through Stripe).
• Timing: refunds typically process within a few business days, but your bank/card issuer may take additional time to post it.
• Access after refund: if a digital purchase is refunded, access to the refunded digital content may be revoked.

9) Chargebacks and disputes

If you believe there was a billing error, please contact us first so we can help. Chargebacks can result in immediate loss of access to digital goods and may limit our ability to offer support.

10) Contact

Questions? Contact us via niteday.com/contact (or email support@niteday.com).

This Privacy Policy explains how NITEDAY (“we”, “us”) collects, uses, and shares personal information when you visit our website or purchase digital goods or merch.

Important: Privacy laws can vary by region. We operate from Quebec, Canada, and we may sell to customers worldwide.

Questions? Contact us via niteday.com/contact (or email support@niteday.com).

1) Personal information we collect

• Newsletter + free download signup: email address (and sometimes first name) when you subscribe or request a free download.
• Purchases: email address, name, items purchased, payment status, totals, and related order details.
• Shipping details: shipping address and recipient name for physical merch orders (collected during checkout).
• Security/technical data: basic technical information used to protect the site (for example, anti-bot signals and rate-limiting).
• Download activity: download link/token usage and counts (used to deliver files and prevent abuse).

2) How we use personal information

• To fulfill purchases (process payment, deliver downloads, confirm orders, and ship merch).
• To provide support and respond to requests.
• To prevent fraud and abuse (including protecting downloads and forms).
• To send marketing only when you subscribe or otherwise opt in, and you can unsubscribe at any time.

3) Payments

Payments are processed by Stripe. We do not store full card numbers on our servers. Stripe may collect and process payment and billing information as described in Stripe’s own policies.

4) Email and communications

• Kit (ConvertKit): used for newsletter signups and marketing automation (including tagging subscribers based on actions such as free vs paid).
• Resend: used to send transactional emails like purchase confirmations, download access emails, and shipping notifications.

5) Anti-bot and security

We use Cloudflare Turnstile to protect forms from abuse. We may also use rate-limiting and other security measures to protect our services and customers.

6) Sharing and service providers

We share personal information with service providers only as needed to run the store, for example:

• Stripe (payments, tax features, checkout, and fraud prevention)
• Kit (newsletter and marketing automation)
• Resend (email delivery)
• Cloudflare (Turnstile and related security features)
• Hosting, database, and file storage providers (to host the site and deliver downloads)

We do not sell your personal information.

7) International transfers

Our service providers may process or store personal information outside of Quebec and Canada (for example, in the United States or other countries). As a result, your information may be subject to the laws of those jurisdictions.

8) Retention

• Order records: retained as needed for accounting, tax, fraud prevention, and customer support.
• Newsletter data: retained until you unsubscribe.
• Security logs: retained for a limited period to protect the service.

9) Your choices and rights

• Unsubscribe: you can unsubscribe from marketing emails at any time using the link in the email.
• Access/correction: you can request access to, correction of, or deletion of your personal information (subject to legal exceptions).
• Complaints: you may have the right to contact a privacy regulator in your region.

10) Cookies and similar technologies

We may use cookies or similar technologies that are necessary for checkout, security, and site functionality (for example, through Stripe checkout and anti-bot protection). We do not use these technologies to sell personal information.

11) Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The “Last updated” date on this page indicates when it was last revised.

12) Contact

Questions? Contact us via niteday.com/contact (or email support@niteday.com).