NightOwl Terms of Service

1. Overview of NightOwl

NightOwl is a curated city discovery platform designed to help users discover venues, events, nightlife, restaurants, date-night ideas, social plans, local signals, and city experiences. NightOwl may use location information, user preferences, check-ins, social signals, public information, artificial intelligence, and other data sources to provide personalized recommendations and city discovery features.

NightOwl is a discovery and recommendation platform. NightOwl does not own, operate, control, or manage third-party venues, restaurants, bars, clubs, events, ticketing platforms, reservation platforms, transportation services, or other third-party experiences displayed through the Services.

2. Age Eligibility

NightOwl is intended for users who are at least 18 years old. By creating an account or using NightOwl, you represent that you are at least 18 years of age and have the legal capacity to agree to these Terms.

Users under 18 are not permitted to create an account or use NightOwl. If we become aware that a user is under 18, we may suspend or delete the account and associated information, subject to applicable law.

Some venues, events, recommendations, check-ins, or experiences displayed through NightOwl may be restricted to users who are 21 years of age or older, or may otherwise be subject to venue-specific age, identification, dress code, capacity, ticketing, reservation, cover charge, or entry requirements. NightOwl does not guarantee admission to any venue or event and does not verify, control, or override the policies of third-party venues or event organizers.

3. Accounts and Registration

To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information and to keep your account information updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify NightOwl promptly if you believe your account has been compromised or used without authorization.

You may not:

• Create an account using false or misleading information
• Create an account for someone else without permission
• Sell, transfer, or assign your account
• Use another person's account without permission
• Create multiple accounts to evade restrictions, bans, usage limits, or enforcement actions
• Use automated methods to create accounts or access the Services

We reserve the right to suspend, restrict, or terminate accounts that violate these Terms or create risk for NightOwl, users, venues, partners, or the public.

4. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, share, and protect personal information.

By using NightOwl, you acknowledge that we may collect and use information as described in our Privacy Policy, including information related to accounts, preferences, location, check-ins, user content, AI interactions, device information, payments, and use of the Services.

5. Location-Based Features

NightOwl may provide location-based features, including nearby venue discovery, check-ins, city recommendations, distance and walkability calculations, friend activity, heat maps, venue momentum, safety-oriented features, and city signals.

You control whether NightOwl can access precise location through your device, browser, or app settings. Some features may not work properly if you disable or limit location access.

You agree not to submit false, misleading, spoofed, manipulated, or automated location information. You may not use tools, scripts, VPN manipulation, GPS spoofing, bots, or other methods to falsify location, check-ins, city activity, venue momentum, or other NightOwl signals.

6. Check-Ins and City Signals

NightOwl may allow users to check in to venues, share activity, submit vibe tags, upload photos, post reviews, leave notes, or otherwise contribute to venue and city signals.

By using check-ins or related features, you understand and agree that NightOwl may use check-in activity and related information to:

• Provide social and friend-based features
• Improve recommendations
• Power venue momentum, city signals, and heat map features
• Detect trends in city activity
• Help prevent fake, abusive, or manipulated activity
• Enforce platform integrity rules

You may not submit fake, misleading, automated, duplicate, venue-manipulated, paid, incentivized, or abusive check-ins or activity. Venues, promoters, agencies, or users may not manipulate check-ins, reviews, vibe tags, city signals, heat maps, rankings, or recommendations.

NightOwl may remove, suppress, de-rank, flag, or disregard check-ins or other activity that we believe may be fake, abusive, manipulated, unsafe, misleading, or inconsistent with the purpose of the Services.

7. User Content

The Services may allow you to submit, upload, post, share, or transmit content, including reviews, photos, captions, comments, vibe tags, check-in notes, venue suggestions, AI prompts, feedback, messages, and other materials (“User Content”).

You retain ownership of your User Content, subject to the rights you grant to NightOwl in these Terms.

By submitting User Content, you grant NightOwl a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, publish, distribute, modify, adapt, create derivative works from, analyze, and otherwise use your User Content to operate, improve, promote, personalize, and provide the Services.

This license includes the right to use User Content for recommendations, city signals, venue context, platform integrity, moderation, product improvement, marketing, and other NightOwl-related purposes, subject to our Privacy Policy and applicable law.

You represent and warrant that:

• You own or have the necessary rights to submit your User Content
• Your User Content does not violate these Terms or applicable law
• Your User Content does not infringe another person’s intellectual property, privacy, publicity, or other rights
• Your User Content is not false, misleading, defamatory, harassing, abusive, obscene, threatening, exploitative, or otherwise harmful

NightOwl may remove, restrict, edit, de-rank, moderate, or refuse to display User Content at any time and for any reason, including if we believe it violates these Terms, creates legal risk, harms users, manipulates the platform, or reduces the quality or integrity of the Services.

8. Prohibited Conduct

You agree not to use NightOwl to:

• Violate any law, regulation, or third-party right
• Harass, threaten, abuse, defame, stalk, intimidate, or harm another person
• Submit false, misleading, fraudulent, or deceptive information
• Create fake accounts or impersonate another person, venue, business, or organization
• Manipulate venue rankings, recommendations, check-ins, reviews, city signals, or heat maps
• Submit fake, spoofed, automated, paid, or incentivized check-ins
• Use bots, scripts, scrapers, crawlers, or automated systems without written permission
• Reverse engineer, copy, modify, or interfere with the Services
• Access or attempt to access non-public systems, accounts, data, or infrastructure
• Upload malware, harmful code, spam, phishing content, or malicious links
• Collect, scrape, or harvest user data without permission
• Use NightOwl for surveillance, stalking, harassment, or doxxing
• Post private information about others without consent
• Promote violence, hate, exploitation, self-harm, illegal activity, or unsafe conduct
• Circumvent usage limits, subscription gates, account restrictions, or enforcement actions
• Misrepresent your relationship with NightOwl or suggest endorsement without permission

We may investigate and take action against conduct we believe violates these Terms or harms the Services, users, venues, partners, or the public.

9. Venue, Event, and Recommendation Disclaimers

NightOwl may display or recommend venues, events, restaurants, bars, clubs, lounges, nightlife destinations, ticketed experiences, date-night plans, local happenings, public information, and other third-party experiences.

NightOwl does not own, operate, control, endorse, supervise, inspect, or guarantee any third-party venue, event, business, organizer, promoter, or experience.

Venue and event details may be incomplete, inaccurate, outdated, unavailable, or changed without notice. This may include hours, pricing, age restrictions, dress codes, capacity, wait times, cover charges, ticket availability, reservation requirements, menus, performers, safety conditions, accessibility, policies, or admission requirements.

You are responsible for independently verifying important details before relying on a recommendation or visiting a venue or event.

NightOwl does not guarantee:

• Admission to any venue or event
• Availability of any venue, event, table, ticket, reservation, promotion, drink, menu item, or experience
• Accuracy of third-party information
• Safety, quality, legality, or suitability of a venue or event
• That other users, friends, or crowds will be present
• That a recommendation will match your preferences or expectations

10. Safety and Assumption of Risk

NightOwl is designed to help users discover city experiences, but NightOwl is not a safety service, emergency service, transportation service, security provider, venue operator, or guarantee of personal safety.

You are solely responsible for your own decisions, conduct, transportation, safety, and interactions with venues, events, third parties, and other users.

You understand that nightlife, travel, social events, alcohol-serving venues, crowded spaces, public venues, and interactions with others may involve risks, including personal injury, property loss, unsafe conditions, crime, intoxication, transportation risks, health risks, or other harms.

You agree to use reasonable judgment, obey applicable laws, follow venue rules, verify important information, travel safely, and seek emergency assistance when necessary.

NightOwl does not encourage excessive drinking, impaired driving, illegal activity, unsafe behavior, trespassing, harassment, or violation of venue policies.

11. AI Features

NightOwl may provide AI-powered recommendations, summaries, itineraries, planning tools, chat features, venue suggestions, event discovery, city signals, and other automated outputs.

AI-generated content may be incomplete, inaccurate, outdated, offensive, irrelevant, or based on incorrect or changing third-party information. You should independently verify any important details before relying on AI-generated output.

NightOwl does not guarantee that AI-generated recommendations are accurate, safe, available, appropriate, unbiased, complete, or suitable for your specific circumstances.

You may not use AI features to generate unlawful, harmful, abusive, deceptive, infringing, exploitative, or unsafe content, or to violate these Terms.

NightOwl may monitor, review, store, restrict, or remove AI interactions and outputs for safety, quality, security, abuse prevention, legal compliance, and product improvement, subject to our Privacy Policy and applicable law.

12. Subscriptions, Payments, and Pro Features

NightOwl may offer free features, paid subscriptions, pro features, early access benefits, lifetime access, promotional trials, usage limits, or other paid or restricted services.

Prices, features, usage limits, billing cycles, trial terms, renewal terms, and availability may change over time, subject to applicable law and any disclosures presented at the time of purchase.

Payments may be processed by third-party payment processors such as Stripe or by app store providers such as Apple or Google. Your payment provider may have its own terms, conditions, fees, cancellation process, and privacy practices.

If you purchase a subscription, you authorize the applicable payment provider to charge the payment method associated with your account according to the purchase terms presented to you.

Unless otherwise stated, subscriptions may automatically renew until cancelled. You are responsible for cancelling before renewal if you do not want to continue a subscription.

Refunds, cancellations, and billing disputes may be subject to the policies of NightOwl, Stripe, Apple, Google, or the applicable payment provider. NightOwl does not control app store refund decisions.

NightOwl may modify, suspend, or discontinue free or paid features at any time, subject to applicable law.

13. Intellectual Property

NightOwl, including the NightOwl name, logos, designs, software, features, interface, visual style, text, graphics, content, recommendations, databases, workflows, ranking systems, and other materials, is owned by NightOwl or its licensors and is protected by intellectual property and other laws.

You may not copy, reproduce, distribute, sell, license, modify, reverse engineer, create derivative works from, publicly display, or exploit any part of the Services except as expressly permitted by NightOwl in writing or as allowed by applicable law.

You may not use the NightOwl name, logo, branding, screenshots, or other brand assets in a way that suggests endorsement, partnership, sponsorship, or affiliation without written permission.

14. Feedback

If you submit ideas, suggestions, feedback, bug reports, feature requests, concepts, or other input about NightOwl, you agree that NightOwl may use that feedback without restriction or compensation to you.

You grant NightOwl a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit feedback for any purpose, including improving, developing, marketing, and commercializing the Services.

15. Third-Party Services and Links

NightOwl may contain links, integrations, references, or access to third-party websites, venues, event pages, reservation platforms, ticketing providers, payment processors, maps, transportation providers, social media platforms, or other third-party services.

NightOwl is not responsible for third-party services, including their content, accuracy, availability, policies, privacy practices, security, fees, terms, or actions.

Your use of third-party services is governed by the terms and privacy policies of those third parties.

16. Platform Availability and Changes

NightOwl may change, suspend, restrict, or discontinue any part of the Services at any time, including features, cities, venue data, recommendations, check-ins, AI tools, subscriptions, usage limits, designs, or availability.

We do not guarantee that the Services will always be available, uninterrupted, secure, accurate, or error-free.

We may perform maintenance, updates, testing, changes, or removals without notice.

17. Termination and Enforcement

We may suspend, restrict, or terminate your access to NightOwl at any time if we believe you have violated these Terms, created risk or liability, abused the platform, manipulated signals, harmed users, infringed rights, violated law, or acted inconsistently with the purpose of the Services.

We may also remove content, limit features, block check-ins, restrict recommendations, revoke pro access, disable accounts, or take other enforcement actions where appropriate.

You may stop using NightOwl at any time. You may request account deletion as described in our Privacy Policy or through available in-app tools.

Sections that by their nature should survive termination will survive, including sections related to intellectual property, user content licenses, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

18. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTOWL DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, AND THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE, OR FREE OF HARMFUL COMPONENTS.

NIGHTOWL DOES NOT WARRANT OR GUARANTEE ANY VENUE, EVENT, RECOMMENDATION, CHECK-IN, AI OUTPUT, THIRD-PARTY INFORMATION, USER CONTENT, CITY SIGNAL, OR USER INTERACTION.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTOWL AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTOWL’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO NIGHTOWL FOR THE SERVICES IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

20. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless NightOwl and its owners, officers, directors, employees, contractors, agents, affiliates, service providers, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of applicable law
• Your violation of third-party rights
• Your interactions with users, venues, events, or third parties
• Your check-ins, reviews, venue activity, or platform manipulation
• Your misuse of AI features or generated outputs

21. Dispute Resolution and Arbitration

Please read this section carefully. It may require you to resolve disputes through binding arbitration and may limit the ways you can seek relief.

You and NightOwl agree to first attempt to resolve any dispute informally by contacting each other. To start an informal dispute resolution process, you must contact NightOwl at nightowlnetclt@gmail.com with a description of the dispute and your requested resolution.

If the dispute is not resolved within 30 days, either party may bring the dispute in binding arbitration, unless an exception applies.

To the maximum extent permitted by law, you and NightOwl agree that disputes will be resolved by individual binding arbitration rather than in court, except that either party may bring claims in small claims court if eligible, or seek injunctive or equitable relief for intellectual property misuse, unauthorized access, abuse, or security-related issues.

You and NightOwl waive the right to a jury trial and agree not to participate in a class action, class arbitration, representative action, or consolidated proceeding.

The arbitration procedures, forum, provider, venue, cost allocation, and opt-out process should be reviewed and finalized by legal counsel before publication.

22. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles, except where federal law or mandatory consumer protection laws require otherwise.

The venue and jurisdiction for disputes not subject to arbitration should be reviewed and finalized by legal counsel.

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may notify you by email, in-app notice, website notice, or another appropriate method.

The “Last Updated” date at the top of these Terms indicates when they were last revised.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms, to the extent permitted by law.

24. Contact Us

If you have questions about these Terms, contact us at: