NightKept

NightKept Terms of Service

1. About these terms

Effective date: 10 October 2026

These terms govern your use of NightKept: the website and dashboard at nightkept.ke and the NightKept Guard app (together, the "Service"). The Service is provided by NightKept Limited, a company registered in Scotland (company number SC901130), registered address 2 Jubilee Gardens, G61 2RT, United Kingdom ("NightKept", "we", "us").

Who these terms apply to:

  • Customers — the homeowner, business or security company that opens a NightKept account ("you"). When you tick the box at sign-up or pay for the Service, you agree to these terms.
  • Guards — people who use the NightKept Guard app with a Guard ID and PIN issued by a customer. Section 6 sets out what guards agree to when they use the app.

If you sign up for a business, you confirm you are allowed to accept these terms on its behalf. If you sign up as an individual, for example to monitor guards at your own home, you do so as a consumer.

Your legal rights as a consumer. Nothing in these terms removes or limits any right you have under consumer protection law, including Kenya's Consumer Protection Act, 2012. Where these terms conflict with those rights, those rights apply.

Our Privacy Policy explains how we handle personal data and forms part of these terms.

2. The Service

What it does. NightKept records security guards' patrol routes and checkpoint visits using the guard's Android phone, and shows them to the customer on a map at nightkept.ke as a timestamped record. Customers set up their sites, checkpoints and guards on the website.

What it is not. NightKept is a tool for recording patrol evidence. It is not a security service, alarm or monitoring service. We do not guard your property, watch patrols as they happen, respond to incidents or contact the police. Your security arrangements remain your responsibility.

Accuracy. Location accuracy depends on the guard's phone, GPS signal, mobile network, weather, buildings and how the phone is carried. Points may be inaccurate, delayed or missing, for example when a phone is switched off, out of battery or offline for a long time. Patrol records are evidence to help you, not a guarantee of exactly what happened.

Availability. We aim to keep the Service available at all times but do not guarantee it will be uninterrupted or error-free. We may need to carry out maintenance, and we will try to give notice of planned downtime. The Service relies on third-party providers (listed in our Privacy Policy), and outages on their side may affect it.

Changes to features. We improve the Service over time and may add, change or remove features. We will not remove a core feature you are paying for during a paid period without telling you first.

Support. Support is by email at support@nightkept.ke. We aim to reply within one business day (Monday to Friday, East Africa Time).

3. Accounts, eligibility and the free trial

Eligibility. You must be at least 18 to open an account. Guard accounts must only be created for people aged 18 or over.

Your account. Give us accurate details and keep them up to date. Keep your password secret, and tell us straight away at support@nightkept.ke if you think someone else has used your account. You are responsible for what happens under your account, including the guard accounts you create.

Guard IDs and PINs. You create guard accounts and give each guard their Guard ID and PIN. You are responsible for deciding who gets an account and for deactivating guards who no longer work for you.

Free trial. New customers can try the Service free for 14 days. No payment details are needed to start. Each customer can have one free trial. When the trial ends, nothing is charged automatically: you have 7 days to pay for a subscription before your account becomes restricted (see section 4).

4. Prices, payment and renewal

Prices. The price depends on how many active sites you have. Current prices are shown on our Pricing page and in your billing screen before you pay. The number of guards does not change the price.

Paying. Subscriptions are paid in advance in Kenyan shillings by M-Pesa, for a quarter (3 months) or a year. You start each payment yourself from the billing screen. The amount is worked out from your number of active sites at the time you pay.

No automatic charges. We never take money automatically. To continue after a paid period ends, you make a new payment. If you renew early, the new period starts when your current one ends.

Reminders, grace and restriction. We will email reminders before your paid period or trial ends. If we have not received payment by the end date, you have a 7-day grace period. After that your account becomes restricted: you can still sign in and see your records, but we may stop you making changes such as adding or editing sites, checkpoints and guards until you pay. We do not delete your data because a payment is late; it is kept under our normal retention periods (see section 7).

Price changes. We may change our prices. A change will never affect a period you have already paid for. If prices go up, we will email you at least 30 days before the new price applies to your next payment.

Taxes. Prices include any taxes we are required to charge, unless the Pricing page says otherwise.

5. Ending your account and refunds

Stopping. You can stop using NightKept at any time. Because nothing renews automatically, you simply do not make another payment. You keep full use of the Service until the end of the period you have paid for.

Closing your account. To close your account and have your data deleted, use the form at nightkept.ke/delete-account or email privacy@nightkept.ke. Before you close it, you can ask us for a copy of your data. Deletion follows our Privacy Policy. Payment records are kept for 6 years because tax law requires it.

Refunds. Payments are for a fixed period and are not refunded if you stop part-way through, except where the law requires a refund, or where we end the Service for a reason that is not your fault (see section 11). If you think you were charged in error, email support@nightkept.ke and we will look into it.

6. Acceptable use

If you are a Customer, you must:

  • track Guards only while they are on patrol for you;
  • tell your Guards, before they start, that their location is recorded during patrols and why;
  • have a lawful reason, under the data protection laws that apply to you, for tracking them;
  • keep your login details private and not share accounts.

Nobody may:

  • use NightKept to track anyone who is not working a patrol for you, or to harass, stalk or unlawfully watch anyone;
  • tamper with, fake or spoof location data, or try to get around how the app records patrols;
  • try to access another customer's data, or test, probe or overload our systems;
  • copy, reverse engineer, resell or rent out the Service, except where the law allows this;
  • upload anything unlawful or harmful.

If you are a Guard, keep your PIN secret and use the app only for your employer's patrols.

If these rules are broken we may suspend or close the account involved (see section 11).

7. Your data and privacy

Your data stays yours. This includes your sites, checkpoints, guard details and patrol records. You give us permission to store and use it only to provide, support and secure the Service.

Our Privacy Policy explains what we collect, who we share it with and how long we keep it. It forms part of these terms.

You can ask for a copy of your data at any time at nightkept.ke/delete-account or by emailing privacy@nightkept.ke. We will send it within the times set out in the Privacy Policy.

We protect your data with encrypted connections (HTTPS), passwords and PINs stored only in hashed form, and separation so that each Customer sees only its own data. No system is completely secure, but we will take reasonable care and tell you promptly if a breach affects your data.

8. Data processing terms

This section applies when you, as a Customer, use NightKept to record your Guards' patrols. It is the data processing agreement between you and us, and it applies automatically when you accept these terms.

Roles. You decide why and how your Guards are tracked, so you are the controller of that data. We process it for you, so we are your processor.

What we will do:

  • process your Guards' data only to provide the Service and on your documented instructions (these terms and your use of the Service's settings), unless the law requires otherwise, in which case we will tell you if we lawfully can;
  • make sure staff who can access the data are bound to keep it confidential;
  • keep appropriate security measures in place (section 7);
  • use only the service providers listed in our Privacy Policy, on written terms that protect the data at least as well as these terms. We will update the Privacy Policy before adding or replacing one. If you object, you can stop using the Service and close your account;
  • transfer data outside Kenya only with the safeguards described in the Privacy Policy, including those required by sections 48 to 50 of Kenya's Data Protection Act 2019 and the UK GDPR;
  • help you respond to requests from Guards who use their data protection rights, and pass on any request we receive directly;
  • tell you without undue delay after we become aware of a breach affecting your Guards' data, with the information you need to meet your own reporting duties;
  • delete your data when your account closes, in line with the Privacy Policy's retention periods, or return a copy first if you ask;
  • give you the information you reasonably need to show you are complying with data protection law, and respond to reasonable audit questions.

What you will do:

  • have a lawful basis for tracking your Guards;
  • tell your Guards about the tracking and point them to our Privacy Policy;
  • carry out a data protection impact assessment where the law requires one;
  • make sure your instructions to us are lawful.

9. Intellectual property

We own the NightKept software, website, app, name, logo and content we create, or we have permission to use them. These terms give you a personal, non-exclusive, non-transferable right to use the Service while your account is active. They do not transfer any ownership to you.

If you send us suggestions or feedback, we may use them freely without paying you.

10. Liability

NightKept is a record-keeping tool, not a security service. It does not prevent crime and does not replace guards, alarms, insurance or the police. We are not responsible for theft, break-ins, damage or injury caused by a security incident at your site, or for decisions you make based on patrol records.

Limit on our liability. For business Customers, our total liability to you under or in connection with these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim. We are not liable for loss of profits, revenue, business or data, or for any indirect or consequential loss.

What we do not limit. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law. If you are a consumer, nothing in these terms affects your rights under Kenya's Consumer Protection Act, 2012 or other consumer law.

Your responsibility. If you are a business Customer, you will cover our reasonable losses and costs, including legal costs, arising from a claim by a Guard or anyone else that results from your tracking people unlawfully, misusing the Service, or breaking section 6.

11. Suspension, ending the Service and changes to these terms

Suspension. We may suspend or restrict an account if it breaks section 6, if we reasonably suspect misuse or a security risk, or if payment is overdue (section 4). Where we can, we will warn you first and give you a chance to put things right.

Closing an account. We may close an account that seriously or repeatedly breaks these terms. We may also stop providing the Service altogether by giving you at least 30 days' notice by email. If we stop the Service, or close your account, through no fault of yours, we will refund the unused part of any period you have paid for.

Changes to these terms. We may update these terms, for example to reflect changes to the Service or the law. We will email Customers at least 30 days before a significant change takes effect. If you do not agree, you can stop using the Service before the change takes effect. If the change is significantly to your disadvantage (for example, it removes features you rely on or adds new restrictions or charges) and you have paid for a period, you can ask us within that 30 days to close your account and refund the unused part. Continuing to use the Service after the change takes effect means you accept it.

12. Law, disputes and contact

Governing law. These terms are governed by the laws of Kenya, and the courts of Nairobi have jurisdiction. If you are a consumer, you keep any protection given by the law of the country where you live.

Disputes. If you have a complaint, please contact us first. We will try to resolve it within 30 days. If we cannot, either of us may propose mediation in good faith before going to court.

General.

  • These terms, together with the Privacy Policy, are the whole agreement between you and us about the Service.
  • If any part of these terms is found invalid, the rest still applies.
  • You may not transfer your rights under these terms without our written agreement. We may transfer ours to a company that takes over NightKept, and we will tell you if we do.
  • We are not responsible for delays or failures caused by events outside our reasonable control, such as power or network outages, M-Pesa downtime or failures at our service providers.
  • If we do not enforce a right straight away, we can still enforce it later.

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