Terms of Service

1. Acceptance of these terms

By creating an account or using The Night App (the “App”) or thenightapp.com (the “Website”), you agree to these Terms of Service, our Privacy Policy, and our Community Guidelines, which are incorporated into these terms by reference. If you don’t agree, don’t use the App or Website. These terms apply to everyone: people discovering nightlife through the app, and venues managing their business through the app or this website. Venues are additionally subject to our Venue Terms, and ticket/VIP table purchases are additionally subject to our Ticketing Terms.

Operating entity: to be confirmed. The Night App is pending incorporation of a dedicated corporate entity — this section will name the registered company once that’s complete.

2. Who can use The Night App

The Night App is a nightlife platform and is intended for people 18 years of age or older. We ask for your date of birth when you create an account and block sign-up if it indicates you’re under 18 — this is a self-declared check, not identity verification. By using the App, you confirm the information you provided is accurate and that you’re at least 18. We may suspend or terminate accounts we reasonably believe belong to someone under 18, including accounts flagged by an automated check on messages for phrases that self-disclose an underage age (see our Privacy Policy for how this works).

3. Your account

You’re responsible for keeping your login credentials secure and for all activity under your account. Tell us immediately if you believe your account has been compromised. You can delete your account at any time from within the App (Settings → Delete Account) or by contacting us.

4. Communications

We’ll send you account-related notifications (ticket confirmations, approvals, messages, security alerts) as part of operating the App. Separately, a venue you follow or have visited may send you promotional notifications through the App — for example, an upcoming event announcement. By using the App, you agree to receive these as a normal part of how the platform connects you with venues you’ve chosen to engage with. You can turn venue promotional notifications off at any time in Settings → Notification Preferences, without affecting notifications about your own account activity.

5. Acceptable use

You agree not to, and our Community Guidelines go into more detail on what this covers in practice:

• Post content that’s illegal, harassing, threatening, hateful, sexually explicit, or exploitative — including any content involving minors, which we do not tolerate under any circumstances
• Post non-consensual intimate content, dox someone, or record or upload identifiable footage of people in circumstances where they’d reasonably expect privacy
• Impersonate another person or venue
• Send spam, or use the platform for fraud or scams
• Use the platform to facilitate the sale of illegal goods or services, or to promote drug use or other dangerous illegal activity
• Post content that infringes someone else’s copyright, trademark, or other intellectual property rights (see Copyright & IP Policy), or that violates someone else’s privacy
• Attempt to circumvent guest list, ticketing, or payment systems (e.g., forging QR codes, faking a check-in, reselling tickets outside the platform in violation of a venue’s policy), or create fake accounts to manipulate the platform
• Scrape, reverse-engineer, or interfere with the App’s normal operation

We may remove content, suspend, or terminate accounts that violate these terms or the Community Guidelines — see Content moderation and enforcement below.

6. Content you post

You keep ownership of the posts, stories, comments, photos, and videos you upload. By posting, you grant The Night App a limited, non-exclusive license to host, store, display, reproduce, and distribute that content within the App and Website as reasonably necessary to operate, promote, and improve the service (for example, showing your story to your followers, or featuring a venue’s public post on its profile). This license ends when you delete the content or your account, except for content already shared with others (e.g., a message you sent) or copies kept for a limited period as part of routine backups.

You’re responsible for making sure you have the necessary rights and permissions for anything you post, including any music, audio, or other third-party content that appears in your photos or videos — for example, music playing at a venue that ends up in the background of a story you record. The Night App does not hold a blanket license covering commercially released music, and posting a video doesn’t make any copyrighted material in it lawful to use — see our Copyright & IP Policy for how rights holders can report content and how we handle those reports.

All trademarks, logos, and branding on the App and Website belong to The Night App or the respective venue/DJ they identify, except for content users have posted themselves.

You agree to indemnify and hold The Night App harmless from any claim, loss, or expense (including reasonable legal fees) arising from content you post that infringes someone else’s rights or otherwise violates these terms.

7. Content moderation and enforcement

We review reports of content or accounts that may violate these terms or our Community Guidelines, and rights-holder or illegal-content notices submitted through our Copyright & IP Policy or Report Illegal Content process. Depending on what we find, we may remove content, issue a warning, restrict features on an account, or suspend or permanently terminate an account. We don’t take these actions automatically off the back of a single unverified report — a person reviews reports before action is taken, except where content is obviously and seriously in breach (for example, content that’s clearly illegal).

If your content is removed or your account is restricted, suspended, or terminated, you can submit an appeal through our appeal form. We’ll review it and let you know the outcome. Repeated or serious violations, including repeat copyright infringement, may result in permanent termination without further appeal.

Each time we remove your content or suspend/terminate your account for a violation, it’s recorded against your account. After three such actions, your account is permanently banned and we also block the device/network (IP address) associated with it from creating a new account or logging in — this applies regardless of the reason for the three actions, and is separate from (and in addition to) any single-incident permanent termination described above for serious violations.

8. Tickets, VIP tables, and payments

Ticket and VIP table purchases are processed by Stripe. Prices, availability, and refund eligibility are set by the individual venue, not The Night App — we facilitate the transaction and take a platform fee, but the venue is responsible for honoring the ticket or table you’ve purchased. Refund requests are reviewed by the venue. Full detail on purchases, cancellations, entry requirements, and no-show policy is in our Ticketing Terms.

Consumer Premium and venue subscription plans renew automatically until cancelled. Consumer subscriptions purchased via the App Store are managed through your Apple ID; venue subscriptions billed via this website are managed through your account here.

9. Venue-specific terms

If you manage a venue on the platform, you’re responsible for the accuracy of your venue’s profile, events, ticket/table listings, and for honoring guest list approvals and purchases in good faith. You’re responsible for the conduct of any staff member you grant access to your venue’s account, and for complying with local licensing, safety, and alcohol service laws applicable to your venue. Full detail is in our Venue Terms, which every venue account must agree to.

10. Third-party services

The App and Website link to or rely on third-party services — including Stripe (payments), Apple and Google (sign-in and subscriptions), and Mapbox (maps). Your use of those services is subject to their own terms. We’re not responsible for third-party services we don’t operate.

11. Disclaimers

The Night App is provided “as is.” We don’t guarantee that venues, events, or listings are accurate, available, or error-free, and we’re not responsible for what happens at a venue or event itself — that’s between you and the venue. We don’t guarantee any specific event or venue experience. We do our best to keep the platform secure and available but don’t guarantee uninterrupted service.

12. Limitation of liability

To the fullest extent permitted by law, The Night App isn’t liable for indirect, incidental, or consequential damages arising from your use of the App or Website. Nothing in these terms limits liability that can’t legally be limited (for example, liability for fraud or gross negligence).

13. Termination

You may stop using the App and delete your account at any time. We may suspend or terminate your access if you violate these terms, or if we reasonably believe doing so is necessary to protect the platform, other users, or venues. See Content moderation and enforcement for how we handle this and how to appeal.

14. Changes to these terms

We may update these terms from time to time. If we make material changes, we’ll update the effective date above and, where appropriate, notify you directly in the App. Continuing to use the App after changes take effect means you accept the updated terms.

15. Governing law

These terms are governed by the laws of Spain, without regard to conflict-of-law principles.

16. Contact

Questions about these terms? Reach out at support@thenightapp.com.