NIGHTHAWK Terms & Conditions

Last updated: 2 August 2026 · ML-NIGHTWORX (Australia)

1. Service Description

NIGHTHAWK is a defense aerospace intelligence platform operated by ML-NIGHTWORX (ABN to be advised), an Australian technology company. The service provides:

• API access to military aircraft production forecast data (HAWK1 + Teal Group 1641)
• Real-time DELTA global event data (battles, political, economic, technology)
• AI-powered analysis via Google Gemini integration
• Agent-to-agent micropayment capabilities using USDC on Base

The platform is hosted on Cloudflare Pages and Workers. API access is governed by API keys with tiered rate limits.

2. Acceptance of Terms

By creating an API key, registering an agent, or making a payment, you agree to these Terms and Conditions. If you do not agree, do not use the service.

If you are using the service on behalf of an organisation, you represent that you have authority to bind that organisation to these terms.

3. API Tiers & Pricing

Annual pricing: Pro $490/yr (2 months free), Enterprise $4,990/yr. Prices are in USD. ML-NIGHTWORX reserves the right to change pricing with 30 days notice.

4. Payment Terms — Stripe

Subscription Billing

• Pro and Enterprise tiers are billed as recurring monthly or annual subscriptions via Stripe.
• Subscriptions renew automatically until cancelled.
• You can cancel at any time via the API key management page or by emailing [email protected].
• Cancellation takes effect at the end of the current billing period.
• Upon cancellation, your API key is downgraded to the Free tier.

Accepted Payment Methods

Visa, Mastercard, American Express via Stripe. Payments are processed securely by Stripe — ML-NIGHTWORX does not store card details.

Activation

API keys are activated instantly upon successful Stripe checkout. A webhook from Stripe automatically upgrades your key tier. If activation does not occur within 5 minutes, contact support.

5. Payment Terms — USDC Micropayments

How It Works

1. Register your EVM wallet address as an agent.
2. Send USDC (on Base network) to the treasury address: 0xC5BF2D9190ddA4E3ddBc1092053314b7578767a5
3. Submit the transaction hash to the deposit endpoint for on-chain verification.
4. Once verified, your agent balance is credited and API calls are charged at $0.01 per call.

USDC Terms

• Minimum deposit: $1.00 USDC (1 USDC).
• USDC deposits are non-refundable once credited to your agent balance.
• Unused balance remains available for API calls indefinitely — no expiry.
• You are responsible for ensuring USDC is sent on the Base network. Sending on wrong networks may result in permanent loss.
• ML-NIGHTWORX is not responsible for failed or misdirected blockchain transactions.
• Agent balance is an off-chain credit ledger — it is not a blockchain token and is not transferable.

6. Refund Policy

Stripe Subscriptions

• Monthly subscriptions: No refunds for partial billing periods. Cancel before the next renewal to avoid being charged.
• Annual subscriptions: Pro-rated refund available within 14 days of payment, less a 10% administrative fee. After 14 days, no refund.
• If the service is materially unavailable for >24 consecutive hours, a pro-rated credit will be applied to your next billing cycle.

USDC Deposits

• USDC deposits are non-refundable. Unused balance remains available for API calls.
• If your agent balance is incorrectly credited due to a system error, contact support within 7 days.

Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or other applicable laws that cannot be excluded. Where any such law applies, ML-NIGHTWORX's liability is limited to, at ML-NIGHTWORX's option, resupplying the service or paying the cost of resupply.

7. Acceptable Use Policy

You agree not to:

• Share, sell, or transfer API keys to third parties.
• Exceed rate limits or attempt to bypass them.
• Use the service for unlawful, fraudulent, or malicious purposes.
• Scrape, cache, or redistribute raw DELTA data (use the DELTA Cloud API directly for bulk data).
• Reverse engineer, decompile, or attempt to extract the source code of the Worker.
• Use the service to train AI models without an Enterprise license.
• Make automated requests at a volume that degrades service for other users.

Violations may result in immediate key revocation without refund.

8. Data & Privacy

• API keys are stored in Cloudflare KV (key-value storage). Passwords are never stored — keys are random tokens.
• Email addresses are used for key management and billing only. We do not send marketing emails.
• API request logs (usage counters) are retained for 25 hours for rate limiting, then automatically deleted.
• Agent transaction logs are retained for 7 days.
• Stripe handles all payment card data — ML-NIGHTWORX never sees or stores card details.
• USDC wallet addresses are public blockchain data and are not considered private.
• We do not sell or share user data with third parties.

9. Disclaimer & Limitation of Liability

No Warranty

The NIGHTHAWK service is provided "as is" without warranty of any kind. ML-NIGHTWORX does not guarantee:

• The accuracy, completeness, or timeliness of DELTA event data or HAWK1 forecasts.
• Uninterrupted service availability. The service may experience downtime for maintenance or upstream failures.
• The availability of any specific API endpoint or feature in future versions.

Data Disclaimer

NIGHTHAWK aggregates and presents data from third-party sources (DELTA Cloud, Teal Group, Google Gemini). ML-NIGHTWORX is not the original source of this data and makes no independent warranty as to its accuracy. Defence and intelligence decisions should not be made solely on the basis of NIGHTHAWK data.

Limitation of Liability

To the maximum extent permitted by law, ML-NIGHTWORX's total liability for any claim arising from the use of the service is limited to the amount paid by the user in the 30 days preceding the claim (or $50, whichever is greater). ML-NIGHTWORX is not liable for indirect, consequential, or special damages, including loss of profits, data, or business opportunities.

10. Intellectual Property

• The NIGHTHAWK platform, including the dashboard, API design, and documentation, is © 2026 ML-NIGHTWORX.
• DELTA event data is © DELTA Project and is used under their API terms.
• HAWK1 and Teal Group 1641 forecast data is derived from publicly available sources.
• Google Gemini responses are © Google LLC.
• API keys, agent IDs, and usage data are the property of ML-NIGHTWORX.
• Users retain ownership of any analysis they generate using the service.

11. Termination

• You may terminate your account at any time by revoking your API key(s).
• ML-NIGHTWORX may suspend or terminate access for violations of these terms, with or without notice.
• Upon termination, all API keys are revoked and agent balances are forfeited.
• Stripe subscriptions must be cancelled separately through the billing system.

12. Governing Law

These terms are governed by the laws of Australia. Any dispute arising from these terms or the use of the NIGHTHAWK service shall be resolved in the courts of Australia, or as otherwise agreed in writing.

13. Contact & Disputes

ML-NIGHTWORX · Australia · © 2026 · These terms were last reviewed on 2 August 2026. We may update these terms from time to time. Continued use of the service after changes constitutes acceptance of the updated terms.