NightX
Privacy Policy

NightX Terms of Service

Last updated: August 10, 2026

These Terms of Service (the "Terms") are a binding agreement between NightX, LLC, a Florida limited liability company ("NightX," "we," "us"), and the business that subscribes to the NightX platform (the "Customer") and each individual who accesses the platform under a Customer's account (an "Authorized User").

By clicking "I agree," creating or accepting an invitation to an account, or using the Services, you accept these Terms. If you are accepting on behalf of a business, you represent that you have authority to bind that business, and "Customer" refers to that business.

1. Definitions

  • "Services" — the NightX club-management platform: the NightX mobile application, the web application (including the floor-plan builder), the marketing website at usenightx.com, and the supporting interfaces and infrastructure we operate, including all updates.
  • "Account" — a Customer's tenant on the platform. One Account may cover multiple Venues.
  • "Venue" — a physical location operated by the Customer and managed through the Services.
  • "Authorized User" — an individual invited to an Account under a role (for example Owner/GM, Manager, Host, Promoter, Door Staff, Bottle Server, Barback, Security).
  • "Customer Data" — data submitted to the Services by or for the Customer, including operational data (reservations, guest lists, floor plans, service requests, minimum-spend settings, analytics inputs) and Guest Data.
  • "Guest Data" — personal information about a Venue's patrons ("Guests") entered into the Services by Authorized Users or submitted by Guests themselves (for example through a QR-code service-request page), such as a Guest's name, phone number, party details, and visit history.
  • "Aggregated Data" — data derived from use of the Services that has been aggregated and/or de-identified so that it does not identify, and cannot reasonably be used to identify, any individual person, Customer, or Venue.

2. Beta status

The Services are currently offered in a beta period. During beta: features may change, be interrupted, or be withdrawn without notice; we may wipe or migrate data with reasonable notice where practicable; and the Services are provided "as is" without any service-level commitment. Sections 12 (Disclaimer) and 13 (Limitation of Liability) apply with full force during beta. We will identify when an Account has moved from beta to a paid production subscription.

3. Accounts, roles, and access

  1. Provisioning. Accounts are provisioned by NightX (sales-led). The Customer's owner claims the Account through a tokenized invitation. Authorized Users join only by invitation from the Customer.
  2. Roles. Access is role-based. The Customer is responsible for assigning appropriate roles and removing Authorized Users who leave its staff.
  3. Credentials. Authorized Users must keep credentials confidential. The Customer is responsible for all activity under its Account, except to the extent caused by our breach of these Terms.
  4. Accuracy. You agree to provide accurate business and contact information and keep it current.
  5. Age. The Services are for use by individuals 18 or older acting in a business capacity.

4. Subscriptions, fees, and renewal

  1. Plans and terms. Subscriptions are offered on the plans and prices published at usenightx.com/venues/pricing or in an order agreed with us. Subscriptions are sold in quarterly (3-month) or annual (12-month) terms, paid upfront by card through our payment processor. There is no month-to-month option. Annual terms include the first month free, collected as eleven months' fees upfront.
  2. Automatic renewal — read this. Your subscription automatically renews at the end of each term for another term of the same length, at the then-current rate for your plan, charged to your stored payment method, unless you cancel before the renewal date. You may cancel anytime through the billing portal or by emailing support@usenightx.com; cancellation takes effect at the end of the current term. For annual terms we will send a renewal reminder to the Account owner's email before the renewal charge. Founding-cohort pricing steps up to then-current list pricing after 24 months, as disclosed at purchase.
  3. Refunds. Within the first 30 days of a term, you may cancel and receive a prorated refund (amount paid × days remaining ÷ days in term). From day 31, the term is non-refundable, except that if we materially breach these Terms and fail to cure within 30 days of written notice, you may terminate and receive a prorated refund of the unused portion.
  4. Payment processing. Payments are processed by a third-party payment processor. Card details are entered directly with that processor and are held by it; we do not see or store card numbers. Taxes, where applicable, are handled through the processor and itemized at checkout.
  5. Non-payment. If a renewal charge fails, the Account enters a grace period, then may be suspended (owner/manager analytics and reporting first, then broader access). We will not lock out in-shift operational use without prior notice.

5. Customer Data: ownership and our license

  1. Customer owns Customer Data. As between the parties, the Customer owns all Customer Data. We claim no ownership of it.
  2. Our license. The Customer grants us a worldwide, non-exclusive license to host, process, transmit, display, and back up Customer Data solely to (a) provide and support the Services, (b) comply with law, and (c) create Aggregated Data under Section 6.
  3. Our role for Guest Data. For Guest Data, the Customer is the business that collects the data from its patrons, and NightX processes it on the Customer's behalf to deliver the Services (and as an independent business for the limited purposes described in our Privacy Policy, such as legally required message-consent records and Aggregated Data).
  4. Export and deletion. During the term, the Customer may export its operational data. After termination or cancellation, we retain Customer Data for a limited wind-down window and then delete or de-identify it per the retention schedule in our Privacy Policy.

6. Aggregated and de-identified data

We may create Aggregated Data from use of the Services and from Customer Data, and we may use, distribute, and commercialize Aggregated Data during and after the term — for example industry benchmarks, nightlife-trend and foot-traffic insights, and product analytics. Aggregated Data will never identify the Customer, any Venue, any Authorized User, or any Guest, and we will not attempt to re-identify it and will contractually prohibit recipients from attempting re-identification. This section survives termination.

7. Text messaging (SMS) program

  1. How it works. The Services can send text messages to Guests on the Customer's behalf (reservation confirmations, table and minimum-spend changes, service-request updates, and — only with the Guest's separate promotional opt-in — review/thank-you messages). Messages identify the Venue. Opt-outs (STOP), help requests (HELP), re-subscribes (START), and promotional opt-ins (JOIN) are processed automatically and recorded in an auditable consent ledger.
  2. Customer obligations. The Customer and its Authorized Users must: (a) enter a Guest's phone number only when the Guest provided it for the booking or request in question; (b) never import, buy, or upload phone lists; (c) never use the Services to send messages outside the flows the platform provides; and (d) honor any Guest request to stop contact. The Customer is responsible for its staff's compliance.
  3. Suspension of messaging. We may suspend messaging for an Account that generates unusual complaint, opt-out, or carrier-violation rates.
  4. Carrier charges to recipients ("message and data rates") may apply. Carriers are not liable for delayed or undelivered messages.

8. Acceptable use

You will not, and will not permit anyone to: (a) use the Services to violate law, including telemarketing, privacy, and anti-spam laws; (b) upload malicious code or interfere with the Services; (c) attempt unauthorized access to any system or data, including other Customers' data; (d) reverse-engineer, copy, resell, or provide service-bureau access to the Services; (e) use the Services to build a competing product; (f) submit data you do not have the right to submit; or (g) exceed role-based permissions you have been granted. We may suspend access for material or repeated violations, with notice where practicable.

9. Our intellectual property; feedback

The Services, including software, design, and all improvements, are owned by NightX and its licensors. We grant the Customer a limited, non-exclusive, non-transferable right to use the Services during the subscription term for its internal business operations. If you send us feedback or suggestions, we may use them without restriction or obligation.

10. Third-party services

The Services are delivered with the assistance of third-party providers, including providers of cloud hosting and data storage, authentication, payment processing, text-message and email delivery, and error monitoring. The availability and performance of those providers affects the availability and performance of the Services, and Section 17 applies to interruptions originating with them. Where the Customer or an Authorized User interacts with such a provider directly — for example, by entering payment details in a hosted checkout page — that provider's own terms govern that interaction. We will identify the providers processing Customer Data on request, and under a data processing addendum where one is in place.

11. Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these Terms. Customer Data is the Customer's confidential information; the Services' non-public features and pricing not published publicly are ours. This obligation does not apply to information that is public, independently developed, or lawfully received from another source, and disclosure is permitted where required by law with notice where lawful.

12. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NEVER BE LOST — MAINTAIN YOUR OWN RECORDS OF CRITICAL BUSINESS INFORMATION. NO ORAL OR WRITTEN ADVICE FROM US CREATES A WARRANTY.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA; AND (b) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF THESE TERMS IS CAPPED AT THE AMOUNTS THE CUSTOMER PAID TO NIGHTX IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO THE CUSTOMER'S PAYMENT OBLIGATIONS, EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

14. Indemnification

The Customer will defend and indemnify NightX against third-party claims arising from (a) Customer Data, including claims that Guest Data was collected or used without a lawful basis where the Customer failed to meet its obligations in Section 7.2, or (b) the Customer's violation of law or of Section 8. NightX will defend and indemnify the Customer against third-party claims that the Services, as provided by us and used as permitted, infringe U.S. intellectual-property rights, with the customary exclusions (combinations, modifications, non-current versions) and remedies (procure rights, modify, or refund prepaid unused fees).

15. Term, termination, and effect

These Terms apply from first acceptance and continue while any subscription is active. Either party may terminate for material breach uncured within 30 days of written notice. Upon termination: access ends, unpaid fees for the elapsed portion remain due, refunds apply only as stated in Section 4.3, and data is handled per Section 5.4. Sections that by their nature survive (5.4, 6, 9, 11–14, 16–18) survive.

16. App-store provisions (Apple and Google)

The mobile app is distributed through the Apple App Store and Google Play. To the extent required by those platforms:

  1. These Terms are between you and NightX only — not Apple Inc. or Google LLC. Apple and Google are not responsible for the app or its content, and have no obligation to furnish maintenance or support.
  2. Your license to the app is limited to a non-transferable license to use it on devices you own or control, as permitted by the applicable store's usage rules (including Family Sharing where applicable).
  3. In case of the app's failure to conform to a warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation.
  4. NightX, not Apple or Google, is responsible for addressing any claims relating to the app, including product-liability claims, legal-compliance claims, consumer-protection claims, and third-party intellectual-property claims.
  5. You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government restricted-parties list.
  6. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS app, with the right to enforce them against you.
  7. Contact for complaints or claims: NightX, LLC, 921 West Chestnut Street, Tampa, FL 33607; support@usenightx.com.
  8. You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).

17. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control — including outages of third-party providers listed in Section 10, telecommunications carrier actions, power or internet failure, acts of government, labor disputes, epidemics, or natural events — provided the affected party uses reasonable efforts to mitigate. This section does not excuse payment for services already delivered.

18. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally within 30 days of written notice. Failing that, exclusive jurisdiction and venue lie in the state and federal courts located in Hillsborough County, Florida, and each party consents to personal jurisdiction there.

19. Changes to these Terms

We may update these Terms. For material changes we will give the Customer at least 30 days' notice by email to the Account owner and an in-app notice, and the changes take effect at the start of the next renewal term unless the law requires sooner. Continued use after the effective date is acceptance. The "Last updated" date above always reflects the current version.

20. General

Entire agreement (together with any order and policies referenced here, including the Privacy Policy); no waiver by inaction; severability; no assignment by Customer without our consent except to a successor in a merger or asset sale, and we may assign to a successor or affiliate; notices to the Account owner's email on file and to support@usenightx.com respectively; no third-party beneficiaries except as stated in Section 16; independent contractors.

21. Contact

NightX, LLC — 921 West Chestnut Street, Tampa, FL 33607 — support@usenightx.com — usenightx.com