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Terms of Service

Effective October 6, 2026

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and NITE LV LLC ("NITE", "we", "us"). By creating an account, checking in, posting, paying, or otherwise using the NITE app, website or related services (the "Service"), you agree to these Terms and our privacy practices described below. If you do not agree, do not use the Service.

2. Eligibility and age

You must be at least 18 years old (or the age of majority where you live, if higher) to create an account or use the Service. By using NITE you represent that you meet this requirement, are legally able to enter this agreement, and are not barred from using the Service under applicable law.

Many venues are 21+ and set and enforce their own entry rules. Admission to any venue is never guaranteed by NITE. You are responsible for meeting each venue's age and entry requirements, and you must carry valid government ID when going out.

3. Your account

You are responsible for the accuracy of the information you provide, for keeping your password secure, and for all activity on your account. Notify us immediately of any unauthorized use. One person, one account; accounts may not be sold or transferred.

4. Alcohol, nightlife and personal safety

NITE is a social and discovery tool. We do not sell, serve or provide alcohol, and nothing in the Service encourages excessive or underage drinking. Always drink responsibly, never drink and drive, and arrange safe transportation.

You attend venues, events and nights out entirely at your own risk. NITE is not responsible for the conduct of venues, staff, promoters, performers, other members or third parties, or for any injury, loss, theft, illness or damage that occurs at or on the way to or from any venue.

5. Venues, events and third-party services

Venue details, hours, dress codes, pricing, lineups and event information may come from third parties or automated sources and may be inaccurate, estimated or out of date. Venue cover images may be partner-supplied, opted-in member photos, NITE-owned AI illustrations or NITE stock art. Always confirm venue information directly with the venue.

Venue information, maps and payments may be provided by independent third parties (such as venues, Google and Stripe) under their own terms. NITE is not a party to your agreement with them and is not liable for their services.

Map and place features used for venue place IDs and coordinates use Google Maps. Your use of these features is subject to the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/) and the Google Privacy Policy (https://policies.google.com/privacy).

6. Check-ins, location and XP

Check-ins require your device location and an in-venue photo. You consent to NITE collecting this information to verify visits and prevent fraud. Faking location, reusing photos or otherwise gaming check-ins may result in XP removal, suspension or termination.

XP, status tiers, badges, perks and rewards have no cash value, are not property, cannot be sold or transferred, and may be changed, adjusted or discontinued at any time. Perks are only offered where a venue partner has confirmed them, are subject to availability and may be withdrawn at any time.

7. Memberships and payments

Paid memberships (such as NITE Premium and NITE Verified) renew automatically each billing period at the then-current price until cancelled. You can cancel at any time from the Membership screen or billing portal; cancellation takes effect at the end of the current period. Higher-tier benefits require the matching paid plan even if your XP qualifies.

Payments are processed by Stripe. Except where required by law or stated in the app, membership charges are non-refundable. We may change prices with advance notice. Memberships are purchased on the NITE website. You authorize us to charge your payment method for memberships you choose.

8. Your content

You own the photos, captions, comments and other content you post. You grant NITE a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce and adapt it to operate and promote the Service.

You are solely responsible for your content and confirm you have the rights to it and consent from anyone identifiable in it. Do not post content that is unlawful, hateful, racist, harassing, threatening, sexually explicit, violent, infringing, or that shows illegal activity or minors. We use automated and manual moderation and may remove content or accounts at our discretion.

If you expressly opt in when posting a public verified check-in photo, you also give NITE permission to feature that photo as the venue cover with your username credit. You may withdraw that permission at any time in Account settings; NITE will then stop using it as a cover.

9. Acceptable use

You agree not to: harass, stalk or harm other members; impersonate anyone; misuse other members' location or personal information; scrape, reverse engineer or disrupt the Service; use bots or fake accounts; or use the Service for any unlawful purpose.

10. Privacy

We collect account details, contact information, location, photos, check-in history, payment records and usage data to operate, secure and improve the Service. We share data with service providers (hosting, payments, maps, messaging, AI moderation) only as needed to run NITE, and with other members according to your privacy settings. We do not sell your personal information. You may delete your account at any time. Photos, captions, comments, messages and profile text are checked by automated AI moderation (Google Gemini, via Lovable's AI service) with your consent. Our full Privacy Policy is at /privacy and forms part of these Terms.

11. Messages

By providing your phone number and email you agree to receive account, payment and alert messages. Message and data rates may apply. You can opt out of non-essential messages at any time.

12. Suspension and termination

We may suspend or terminate your account, remove content or revoke XP and perks at any time if you violate these Terms or if we believe it is necessary to protect members, venues or NITE. You may stop using the Service at any time.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NITE AND ITS OWNERS, EMPLOYEES AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS OF DATA, PROFITS OR GOODWILL ARISING FROM YOUR USE OF THE SERVICE, VENUES, EVENTS OR OTHER MEMBERS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID NITE IN THE 12 MONTHS BEFORE THE CLAIM OR $100.

15. Indemnification

You agree to defend, indemnify and hold harmless NITE from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, your conduct at any venue, or your violation of these Terms or anyone's rights.

16. Disputes and arbitration

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law rules. Any dispute will be resolved by binding individual arbitration in Clark County, Nevada, except that either party may bring qualifying claims in small claims court. YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

17. Changes to these terms

We may update these Terms from time to time. When we make material changes we will ask you to accept the updated Terms in the app before continuing. Continued use after an update means you accept it.

18. Contact

Questions about these Terms: nitelvllc@gmail.com.

Data rights notice: While your account is active, you have the right to access, download and share your own data — including your profile, photos, check-ins and posts — from the app at any time. Your data is retained by NITE for as long as your account exists. When you delete your account, your personal data is permanently removed from the Service, and we no longer retain or share it, except where the law requires us to keep records.

See also our Privacy Policy.