Terms of Service (Draft)

1. Acceptance of these Terms

These Terms of Service (“Terms”) govern your access to and use of the Niighty website, iOS app, and related services (the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms are a Sprint 0 draft. They are not in effect and must be reviewed and finalized before Niighty launches.

2. 18+ eligibility

Niighty is for adults who are at least 18 years old. By using the Service, you represent and warrant that you are at least 18. We may ask you to confirm your age and may suspend or delete an account if we believe it belongs to someone under 18.

Niighty is built around nightlife venues. You are responsible for following applicable laws, including alcohol laws, and the rules of any venue you visit.

3. Your account

You need an account to use most features. You sign in with an email address and a password. In the current build, we do not verify that you own the email address.

Provide accurate account information and keep it current.
Keep your device and password secure. You are responsible for activity that occurs under your account.
Use one account per person. Do not share, sell, or transfer your account.
Notify us promptly at legal@niighty.app if you believe your account has been accessed without authorization.
We may require additional verification and may refuse, suspend, or terminate accounts to protect the Service or other users.

4. Acceptable use

You agree not to:

Submit false, misleading, or manipulated crowd reports, or report a venue you are not actually near.
Use bots, scripts, or automated means to submit reports, RSVPs, views, or other interactions, or attempt to bypass rate limits, location checks, or verification.
Harass, threaten, defame, or post hateful, obscene, or illegal content.
Impersonate another person or misrepresent an affiliation.
Post another person’s private information without permission.
Spam, advertise, solicit, or post repetitive or irrelevant content.
Scrape the Service, reverse engineer it, interfere with its security, or access non-public areas.
Use the Service while driving or in any situation where using a phone would be unsafe or illegal.
Violate any applicable law or venue rule.

We may remove content, restrict features, or suspend or terminate accounts for violations of these Terms.

5. Crowd reports, chat, and other user content

Niighty lets you submit crowd reports, vibe selections, RSVPs, venue chat messages, and content reports (“User Content”). You retain ownership of your User Content.

You grant Niighty a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, display, distribute, modify for formatting, and create aggregated or anonymized data from your User Content to operate, provide, secure, and improve the Service. This license ends when your User Content is deleted from our systems, except for aggregated or anonymized data and copies retained as required by law.

You represent that you have the rights needed to submit your User Content and that it does not violate these Terms or anyone else’s rights.

Crowd reports are aggregated. Other users may see anonymous crowd status derived from your report; they do not see your identity attached to it. Raw RSVP numbers are not displayed; we show calibrated qualitative labels.

Venue chat is visible to other users in that chat. Do not post personal information you want to keep private. You are responsible for the messages you send.

6. Moderation and reporting

We are not obligated to monitor all content, but we may review, remove, or restrict content that violates these Terms or creates risk. We may suspend or terminate accounts, and we may preserve or disclose content if required by law or necessary to address safety.

To report content or a user, use the in-app reporting tool when it is available. If you cannot, email legal@niighty.app with details. We aim to review reports consistently, but we do not guarantee a particular outcome or response time. False reports of content may also violate these Terms.

7. No emergency or safety reliance

Niighty is not an emergency service and is not a safety assessment. Crowd reports are user-submitted. They may be inaccurate, delayed, incomplete, or manipulated. A “Dead” or “Packed” label does not tell you whether a place is safe.

Do not rely on Niighty to decide whether a venue, situation, or person is safe, to get help, or to respond to an emergency. If you are in danger or need urgent help, call 911 (or your local emergency number) or contact campus security.

Use the Service responsibly. Do not use it while driving. Follow venue rules and applicable law.

8. Location and information disclaimers

Location features are approximate and depend on your device, permissions, GPS, network, and third-party maps. A report marked location-verified means only that the device was within the configured distance when the report was submitted. It does not mean the report is true.

Live status may be incomplete or stale. “No live data yet” means there is no fresh report; it does not mean the venue is empty. Pre-heat labels describe interest, not attendance. Weekend summaries describe historical patterns, not current conditions.

Map data and venue details may be inaccurate or out of date. We do not guarantee admission, capacity, hours, events, or service at any venue.

9. Third-party services

The Service uses third-party services, including Apple (App Store, TestFlight, Apple Maps, and push notifications), Google (Google Maps where used and push notifications where applicable), Supabase, PostHog, Expo, and Vercel (website hosting and delivery). Your use of those services may be subject to their own terms and privacy policies.

We are not responsible for third-party services, content, or availability. Apple’s App Store terms and any TestFlight terms also apply to the iOS app.

10. Intellectual property

The Service and its content — including the Niighty name and logo, software, design, text, graphics, and other materials, excluding User Content — are owned by Niighty or its licensors and protected by intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes, subject to these Terms. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from the Service except as expressly permitted by law. All rights not expressly granted are reserved.

If you send us suggestions or feedback, we may use them without restriction or compensation.

11. Termination

We may suspend or terminate your access to the Service at any time if you violate these Terms, create risk for other users or for us, or if required by law. We may also discontinue the Service or a feature.

You may stop using the Service at any time and delete your account. On termination, your right to use the Service ends. Provisions that by their nature should survive — including intellectual property, disclaimers, and limitation of liability — will survive. Deleting your account removes personal data as described in the Privacy Policy; anonymized aggregates may remain.

12. Disclaimers of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law. We disclaim implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.

We do not warrant that reports, crowd levels, pre-heat labels, weekend summaries, venue information, or maps are accurate, complete, or current.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, Niighty and its team, contributors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or opportunities, arising out of or related to your use of or inability to use the Service, even if advised of the possibility.

The total liability of Niighty for all claims relating to the Service will not exceed the greater of (a) the amount you paid Niighty for the Service in the 12 months before the claim, if any, or (b) the minimum amount required by applicable law. The Service is currently free.

Nothing in these Terms limits liability that cannot be limited by law, including for fraud, willful misconduct, or death or personal injury caused by negligence where such a limitation is prohibited. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Changes to these Terms

We may update these Terms. We will post the new version here and update the effective date. For material changes, we will provide notice in the app, by email, or on this page before they take effect. Continued use after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and delete your account.

This is a Sprint 0 draft with no effective date. The final Terms may differ substantially from this draft.

15. Contact

Questions about these Terms: legal@niighty.app. This address is a placeholder for the Sprint 0 draft and will be confirmed before launch.

For how we handle personal data, see the Privacy Policy.