Last updated: June 7, 2026
1. Acceptance of These Terms
These Terms of Service (the “Terms”) govern your access to and use of the website located at https://franchise-nite-creamery.franchiseframeworks.com/ and any related pages, forms, and features offered through it (collectively, the “Site”). The Site is operated by Nite Creamery (“Nite Creamery,” “we,” “us,” or “our”). By accessing or using the Site, submitting the contact form, or opting in to receive communications from us, you agree to these Terms. If you do not agree, do not use the Site.
2. Who We Are
The Site is operated by Nite Creamery to share information about our franchise opportunity. The Site, its hosting, and the lead-management and marketing tools that support it are provided by Franchise Frameworks (a trade name of Founders Frameworks Corp.), a third-party technology provider that operates the Site and supporting services on our behalf. Throughout these Terms, “we,” “us,” and “our” refer to Nite Creamery. How information is collected and handled, including the role of our technology provider, is described in our Privacy Policy at https://franchise-nite-creamery.franchiseframeworks.com/privacy.
3. Informational Purpose; Not a Franchise Offer
The Site is provided for informational purposes only. The information on the Site is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. A franchise offer can be made only through the delivery of a Franchise Disclosure Document (“FDD”) in compliance with the U.S. Federal Trade Commission's Franchise Rule and any applicable state or provincial franchise laws. Nothing on the Site creates any franchise, agency, partnership, or employment relationship between you and us.
4. No Financial, Legal, or Professional Advice
Any figures, ranges, metrics, or statements about investment, costs, revenue, margins, or performance shown on the Site are derived from our FDD and are provided for general information only. They are not a guarantee of results, and actual results vary. Any financial performance representation is governed by, and must be read together with, the FDD, which is the only authorized source of such representations. The Site does not provide legal, financial, tax, or investment advice. You should review the full FDD and consult your own advisors before making any investment decision.
5. AI-Powered Features
The Site may include AI-powered features (including an automated assistant) that generate text and responses to your questions. AI output may be inaccurate or incomplete, can include errors, and is not a substitute for the FDD or professional advice. We do not warrant the accuracy of AI-generated output, and you should not rely on it as the basis for any investment decision. Any earnings, cost, or performance information you receive through an AI feature is subject to Sections 3 and 4 and is qualified in its entirety by the FDD.
6. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site or submit information through it. By using the Site, you represent that you meet these requirements and that the information you provide is accurate and your own.
7. Information You Provide; Contact Form
When you complete a form on the Site, you may provide your name, email address, phone number, location, and information about your financial qualifications. You agree that the information you provide is accurate and that you have the right to provide it. We use this information to respond to your inquiry, evaluate your interest in our franchise opportunity, and communicate with you, as described in our Privacy Policy at https://franchise-nite-creamery.franchiseframeworks.com/privacy. Providing your information and consenting to marketing communications is not a condition of any purchase.
8. SMS / Text Messaging Terms
Consent. By providing your mobile number and submitting our form, you consent to receive recurring automated promotional and personalized marketing text messages — for example, about franchise opportunities, territory availability, and next steps — from Nite Creamery at the number you provide. Consent to receive these messages is not a condition of any purchase.
Message frequency and rates. Message frequency varies. Message and data rates may apply, according to your mobile plan.
How to opt out or get help. Reply STOP to any message to unsubscribe; you will receive a one-time confirmation that you have been unsubscribed, after which we will not send further marketing texts. Reply HELP for help, or contact us at or .
Carriers. Mobile carriers are not liable for delayed or undelivered messages.
Your mobile information is not shared for third-party marketing. No mobile information — including your phone number and your SMS opt-in and consent — will be sold, rented, or shared with third parties or affiliates for their own marketing or promotional purposes. Mobile opt-in data and consent are excluded from any cross-brand or cross-network marketing and are not uploaded to advertising platforms. We share mobile information only with the service providers that help us operate the messaging program (such as our messaging and platform providers) and solely to deliver the service to you, and as otherwise described in our Privacy Policy at https://franchise-nite-creamery.franchiseframeworks.com/privacy.
Messaging program registration. Our text-messaging program operates under our registered A2P 10DLC campaign, for which Nite Creamery is the registered brand.
9. Privacy
Our collection and use of personal information through the Site is described in our Privacy Policy at https://franchise-nite-creamery.franchiseframeworks.com/privacy, which is incorporated into these Terms by reference. By using the Site, you acknowledge that you have reviewed the Privacy Policy.
10. Intellectual Property
The Site and its contents — including text, graphics, logos, trademarks, images, and the arrangement of them — are owned by Nite Creamery, its licensors, or its technology provider, and are protected by intellectual-property laws. The Nite Creamery name and logo are trademarks of their respective owner. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, informational use in evaluating our franchise opportunity. You may not copy, reproduce, distribute, modify, or create derivative works from the Site without our prior written permission.
11. Acceptable Use
You agree not to:
- use the Site for any unlawful purpose or in violation of these Terms;
- submit false, misleading, or third-party information without authorization;
- attempt to gain unauthorized access to the Site, its systems, or other users' data;
- interfere with or disrupt the Site, including by introducing malware or placing undue load on it;
- scrape, harvest, or collect information about other users; or
- use any automated means to access the Site except for standard search-engine indexing.
12. Third-Party Links and Services
The Site may link to or integrate third-party websites and services (for example, scheduling, messaging, and analytics providers). We do not control and are not responsible for third-party services, their content, or their privacy and data practices. Your use of a third-party service is governed by that party's own terms and policies.
13. Disclaimers
The Site is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or that any information on it is accurate, current, or complete. To the extent any warranty cannot be disclaimed under applicable law, it is limited to the minimum period and extent permitted by that law.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Nite Creamery and its officers, employees, agents, and technology providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of, or inability to use, the Site, even if advised of the possibility of such damages. To the maximum extent permitted by applicable law, our total liability for all claims relating to the Site will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Indemnification
You agree to defend, indemnify, and hold harmless Nite Creamery and its officers, employees, agents, and technology providers from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.
16. Governing Law
These Terms are governed by the laws of the , United States, without regard to its conflict-of-laws rules. You and we submit to the exclusive jurisdiction of the courts located in that jurisdiction for any dispute not subject to the section below, except where applicable consumer-protection law gives you the right to bring a claim in your home jurisdiction.
17. Dispute Resolution
Before bringing any formal proceeding, you agree to first contact us at and attempt to resolve the dispute informally in good faith for at least thirty (30) days. Any dispute that is not resolved informally will be handled in accordance with the governing law and venue stated above.
18. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the updated Terms on the Site. Changes are effective when posted. Your continued use of the Site after changes are posted means you accept the updated Terms.
19. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or for any other reason. Sections that by their nature should survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution — survive.
20. General
Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site. Severability. If any provision is held unenforceable, the rest remains in effect. No waiver. Our failure to enforce a provision is not a waiver of it. Assignment. You may not assign these Terms; we may assign them to an affiliate or successor. Headings. Headings are for convenience only and do not affect interpretation.
21. How to Contact Us
If you have questions about these Terms, contact:
Nite Creamery
Email:
Phone: