Welcome to Bitter Watches of the Night (the “Service”), operated by Daniel L. Ellis (“Operator,” “we,” “us,” or “our”), an individual sole proprietor. Bitter Watches of the Night is a tabletop role-playing game published as an online platform, providing rules, character creation tools, sample characters, monsters, adventures, encounters, campaign settings, and reference material accessible through a web browser. A subset of the content is available free of charge; the remainder is unlocked by a paid subscription. These Terms of Service (“Terms”) govern your access to and use of our website, platform, services, and any related features, content, or applications (collectively, the “Service”), including any subscription-based access.
By accessing or using the Service, or by clicking “I Agree,” signing up for an account, or subscribing, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this requirement.
To access certain features, including subscriptions, you must create an account. You agree to provide accurate, complete, and current information during registration and to keep it updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized access or security breach.
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.
The Service offers subscription plans (“Subscriptions”) on a recurring basis (e.g., monthly, annually). Details of available plans, features, and pricing are provided on our pricing page or during signup.
Merchant of Record. Paid Subscriptions are sold through a third-party merchant of record (“MoR”), who acts as the legal seller for all subscription transactions. The MoR handles payment processing, sales tax/VAT collection and remittance, invoicing, and refund processing on our behalf. Your contractual relationship for billing and payment matters is with the MoR; your contractual relationship for the Service itself is with Daniel L. Ellis. The MoR’s own terms of service and privacy policy apply to the payment transaction itself in addition to these Terms. The identity of the current MoR is disclosed on the checkout page at the time of purchase.
We do not store or process payment card details. All card data is held directly by the merchant of record and its underlying payment processors.
You may cancel your Subscription at any time through the customer billing portal, accessible from your account settings. Cancellation takes effect at the end of the current billing period; you will retain access to subscription content until that date and will not be charged for the next period.
14-day refund window. If you request a refund within fourteen (14) days of your original purchase, we will honor it in full, no questions asked. After fourteen days, refunds for the current billing period are not provided, except where required by applicable consumer protection law.
Customers in the European Union and the United Kingdom retain a statutory 14-day right of withdrawal under the Consumer Rights Directive, which we always honor regardless of the reason. Refund requests should be submitted through the customer billing portal or by emailing the contact address in Section 15. Refunds are processed by our merchant of record on our behalf and typically appear in your account within 5–10 business days, depending on your bank.
Upon cancellation, your account may be downgraded or access to subscription content terminated after the current period. We are not liable for any data loss after termination. We strongly recommend exporting any data you wish to retain before cancelling.
We may modify pricing, features, or the Service at any time. We will provide reasonable notice (e.g., via email or in-app notification) of material changes. Continued use after the change constitutes acceptance. If you do not agree, you may cancel your Subscription before the change takes effect.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal or personal purposes as permitted by your Subscription plan.
You may not:
All content, software, and materials on the Service are owned by us or our licensors and protected by intellectual property laws.
You may upload, post, or submit content (“User Content”) through the Service. This includes characters you create and save through the character creation tools, as well as feedback, bug reports, and any other material you submit through the Service. You retain ownership of your User Content but grant us a worldwide, royalty-free, perpetual, non-exclusive license to use, reproduce, modify, adapt, translate, and display it as needed to operate, validate, and improve the Service.
Saved characters. When you save a character through Bitter Watches of the Night, the data backing that character is stored on our servers and used to operate the Service. Current uses of saved character data include:
We do not sell character data to third parties, and we do not publish individual saved characters under our own name as Bitter Watches of the Night published content. We may add new uses of saved character data in the future; if we do, we will update these Terms and notify you in advance as described in Section 13. If you do not want a character’s data to be used for any of the purposes above, you can delete that character at any time through your account.
You represent that your User Content does not infringe third-party rights and complies with our Acceptable Use Policy below. We may remove or refuse any User Content at our discretion.
You agree not to use the Service to:
We may monitor use but have no obligation to do so.
The Service and all related intellectual property rights are owned exclusively by us or our licensors. Nothing in these Terms transfers any ownership rights to you. Feedback you provide to us may be used freely without compensation or attribution.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information. By using the Service, you consent to our data practices as described there. If you provide personal data of others, you warrant you have the right to do so.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR MEET YOUR REQUIREMENTS.
We are not responsible for any third-party content, links, or services accessed via the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
Our total aggregate liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
Some jurisdictions do not allow these limitations, so they may not apply to you.
You agree to indemnify, defend, and hold harmless us and our affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.
We may terminate or suspend your access to the Service at any time, with or without cause or notice, including for breach of these Terms. Upon termination, your right to use the Service ceases immediately, and you remain responsible for any outstanding payments. Sections that by nature should survive (e.g., liability, intellectual property, indemnification) will continue.
We may update these Terms from time to time. We will post the revised version with a new effective date and notify you of material changes. Your continued use constitutes acceptance. If you do not agree, stop using the Service and cancel your Subscription.
These Terms are governed by the laws of the State of Tennessee, United States, without regard to conflict of laws principles.
Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Knox County, Tennessee. You agree to submit to the personal jurisdiction of such courts.
By using the Service, you acknowledge that you have read, understood, and agree to these Terms.
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