Terms and Conditions

1. Acceptance of Terms

By accessing and using nYtevibe ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Age Requirement and Verification

nYtevibe is intended for users who are 18 years of age or older. By registering for an account, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into this agreement
• The information you provide, including your date of birth, is accurate and truthful
• You understand that providing false age information is a violation of these Terms

2.1 Age Verification Process

During registration, you will be required to:

• Provide your date of birth for age verification
• Confirm that you are at least 18 years old
• Accept that your age will be verified and stored for compliance purposes

2.2 Prohibition of Underage Users

Users under the age of 18 are strictly prohibited from:

• Creating an account on nYtevibe
• Using any services provided by nYtevibe
• Making bookings or reservations through the platform
• Accessing venue information or participating in platform features

2.3 Consequences of Violation

If we discover that a user is under 18 years of age, we will:

• Immediately terminate the account
• Delete all associated data in compliance with COPPA (Children's Online Privacy Protection Act)
• Refund any payments made, if applicable
• Prohibit future account creation from the same individual

2.4 COPPA Compliance

nYtevibe complies with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 years of age. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately at privacy@nytevibe.com.

For users between 13 and 17 years old: Our service is not available to minors under 18, regardless of parental consent. All users must be 18 years or older to use nYtevibe.

3. Company Information

E&EL Global Inc. is the registered company that owns and operates nYtevibe, a nightlife venue discovery and booking platform.

4. Service Description

nYtevibe is a platform that connects users with nightlife venues, allowing them to:

• Discover and explore nightlife venues
• Book reservations and tables
• Receive notifications about venue updates
• Access venue information and real-time status
• Participate in venue promotions and events

5. User Responsibilities

5.1 Account Registration

Users must provide accurate and complete information when creating an account. Users are responsible for maintaining the confidentiality of their account credentials.

5.2 Prohibited Activities

Users agree not to:

• Use the service for any unlawful purpose
• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to the service

6. SMS Communications and OTP/2FA

By providing your phone number, you consent to receive SMS messages from nYtevibe, including:

• Verification codes (OTP) for Two-Factor Authentication (2FA)
• Booking confirmations and reminders
• Venue updates and notifications
• Promotional messages (with opt-out option)

6.1 OTP for Two-Factor Authentication

nYtevibe uses One-Time Password (OTP) verification codes as part of our Two-Factor Authentication (2FA) security system. These codes are sent via SMS to verify your identity for:

• Account login verification
• Password reset requests
• Booking confirmations and changes
• Payment and transaction confirmations
• Account security changes

6.2 OTP Security Features

• Codes expire in 10 minutes for security
• Single-use only (cannot be reused)
• Unique code generated for each request
• Time-limited for maximum security

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using our service, you consent to the collection and use of information in accordance with our Privacy Policy.

8. Booking Terms and Conditions

8.1 Booking Process

• Bookings can be made up to 15 days in advance
• Same-day bookings are allowed when venue is open
• Booking confirmation may take up to 15 minutes
• Grace period of 15 minutes after scheduled time (venue-specific variations may apply)
• Maximum party size is typically 20 guests (venue-specific limits may apply)

8.2 Cancellation Policies

• Users can cancel bookings up to 2 hours before scheduled time
• Cancellation policies may vary by venue
• Late cancellations may affect user credibility score
• Repeated cancellations may result in booking restrictions
• Cancellation fees or deposit forfeiture may apply based on venue policy

8.3 No-Show Policy

Bookings not checked in within the grace period are marked as "no-show":

• No-show incidents are tracked and affect credibility scores
• Repeated no-shows may result in:
  • Restricted booking privileges
  • Required deposits for future bookings
  • Limited advance booking windows
  • Reduced maximum party size allowances
• No-show status is determined by venue staff at their discretion

8.4 Booking Modifications

• Party size modifications may be allowed with venue approval
• Time changes typically require cancellation and rebooking
• Contact venue directly for special accommodation requests
• Modification requests are subject to venue availability

8.5 Deposits and Payments

• Some venues may require deposits for large parties or special events
• Deposit amounts and refund policies are venue-specific
• Payment processing is handled securely through Stripe
• Refund eligibility is determined by venue cancellation policies

9. Payment Terms

9.1 Payment Processing

• All payments are processed securely through Stripe, Inc.
• We do not store credit card information on our servers
• Payment data is encrypted in transit and at rest
• Payment disputes should be directed to support@nytevibe.com

9.2 Subscription Payments (for Venue Owners)

• Subscription fees are billed monthly or annually
• Automatic renewal unless cancelled
• Payment required upfront for Professional and Enterprise plans
• Starter plan includes 30-day free trial (payment method required but not charged during trial)

9.3 Refund Policy

• Subscription refunds are handled on a case-by-case basis
• Trial cancellations: No charge if cancelled before trial ends
• Paid subscription cancellations: Access continues until end of billing period
• Booking deposits: Refund eligibility determined by venue policy
• Full refunds available within 14 days of subscription start (Starter plan only)

10. Subscription Services (Venue Owners)

10.1 Subscription Plans

nYtevibe offers the following subscription plans for venue owners:

• Starter Plan: $99/month or $999/year (includes 30-day free trial)
• Professional Plan: $299/month or $2,999/year (no trial, charged immediately)
• Enterprise Plan: $599/month or $5,999/year (no trial, charged immediately)

10.2 Free Trial Terms

• 30-day free trial available for Starter plan only
• Payment method required but not charged during trial period
• Trial automatically converts to paid subscription after 30 days
• Users can cancel anytime during trial to avoid charges
• One trial per user lifetime limit
• Trial cancellation must be completed before trial period ends

10.3 Subscription Cancellation

• Users can cancel subscriptions at any time
• Cancellation takes effect at end of current billing period
• No refunds for unused portions of subscription period (except 14-day guarantee)
• Venue access continues until subscription expires
• Data and venue information may be retained per our data retention policy

10.4 Subscription Changes

• Users can upgrade/downgrade plans at any time
• Upgrades: Pro-rated charges apply for remainder of billing period
• Downgrades: Changes take effect at next billing cycle
• Plan changes may affect venue count limits
• Plan features and limitations are detailed in subscription plan documentation

11. User Credibility and Booking Behavior

11.1 Credibility Score System

We track user booking behavior to ensure fair access for all users. Credibility scores are calculated based on:

• Booking completion rate
• No-show incidents
• Cancellation timing and frequency
• Check-in compliance
• Overall reliability patterns
• Venue loyalty and repeat bookings

11.2 Credibility Score Impact

• Higher scores: More booking privileges, larger party sizes, longer advance booking windows, priority booking access
• Lower scores: Restricted booking privileges, required deposits, limited advance booking windows, reduced maximum party sizes
• Scores are dynamic and adjust based on recent booking behavior

11.3 Score Transparency

• Users can view their credibility score through their account dashboard
• Score calculation methodology is explained in user dashboard
• Scores are not publicly visible to other users or venues
• Score history and trends are available to users

11.4 Score Improvement

• Scores improve with positive booking behavior (on-time arrivals, completed bookings, advance cancellations)
• Scores recover over time with consistent good behavior
• No-show and late cancellation impacts decrease over time

12. Reviews and Ratings

12.1 User Reviews

• Users can leave multiple reviews for the same venue
• Reviews are subject to moderation before publication
• Reviews must be truthful and based on actual experience
• False or defamatory reviews may be removed
• 24-hour cooldown period between reviews for the same venue

12.2 Review Guidelines

Reviews must not contain:

• Hate speech, harassment, or discrimination
• Personal attacks or threats
• False information or spam
• Confidential business information
• Off-topic or irrelevant content

12.3 Venue Response Rights

• Venues may respond to reviews
• Both user reviews and venue responses are public
• Venues cannot remove user reviews
• Disputed reviews may be reviewed by moderation team

12.4 Review Ownership

• User reviews are owned by the user
• nYtevibe has license to display reviews on our platform
• Users can request deletion of their reviews
• Review data may be used for analytics and platform improvements (anonymized)

13. Location Services, Check-ins, and Proximity Features

13.1 Location Data Collection

• We collect location data for proximity-based notifications, venue recommendations, and check-in verification
• Location sharing is optional and can be disabled in privacy settings
• Precise location vs. city-level location options available
• Location data helps provide accurate venue information and wait times

13.2 Venue Check-in System

nYtevibe provides a venue check-in feature that allows you to broadcast your presence at a venue. By checking in, you understand and agree that:

• Your check-in status may be visible to other users based on your chosen visibility setting
• Check-in requires your device location to verify you are at or near the venue
• You may choose one of three visibility levels for each check-in:
  • Public: All users can see you are checked in at the venue
  • Friends Only: Only your accepted friends can see your check-in; other users see venue activity counts but not your identity
  • Anonymous: Your check-in contributes to venue activity counts but your identity is not disclosed to anyone
• You can set a default visibility preference in your privacy settings
• You may check out at any time to stop broadcasting your presence

13.3 Real-time Location Broadcasting

When you are checked in at a venue, the following real-time data may be shared:

• To friends (if visibility allows): Your name, username, venue name, and check-in status are broadcast in real-time via WebSocket connection
• To public (if visibility is "public"): Your name and presence appear in the venue's "Who's Here" list
• To all users: Aggregate activity counts (e.g., "12 people here") are always visible regardless of individual visibility settings
• Friend location updates are sent as push notifications to your friends' devices

13.4 Proximity Monitoring

• While checked in, nYtevibe may periodically verify your proximity to the venue
• If you move beyond the venue vicinity, you may receive a notification asking if you are still at the venue
• Proximity checks help maintain accurate venue activity data for all users
• Proximity notifications can be managed in notification settings

13.5 Ghost Mode

• Ghost Mode allows you to hide your live status from all users, including friends
• When Ghost Mode is active, you will not appear in any venue's active user list or friend location feeds
• Ghost Mode can be toggled on/off at any time in privacy settings

13.6 Location Data Controls

• Users can control location sharing in privacy settings
• Location history can be disabled
• Location data retention periods are configurable by user (default: 30 days)
• IP-based location tracking can be disabled
• You may delete your location history at any time via Settings or the Scout Profile data wipe feature

14. Service Availability and Data Accuracy

14.1 Real-Time Information

• Venue status updates (live status, wait times) are provided in real-time
• Information is provided "as-is" and may not always be 100% accurate
• Wait time estimates are approximations based on current conditions
• Venues may change status or availability without immediate notification

14.2 Service Disclaimers

• We do not guarantee venue availability at time of booking
• Venue operating hours and status may change without notice
• We are not responsible for venue closures, special events, or capacity changes
• Users should verify venue details directly for important events
• Booking confirmations do not guarantee table availability

15. Intellectual Property

15.1 Platform Ownership

• All platform content, design, and code is owned by E&EL Global Inc.
• nYtevibe name and logo are trademarks of E&EL Global Inc.
• Unauthorized use of platform content is prohibited
• Platform features and functionality are proprietary

15.2 Venue Content

• Venue owners own their venue information and media
• Venues grant nYtevibe license to display venue information on platform
• Venues are responsible for ensuring accuracy of venue information
• Venue content updates may take time to reflect on platform

16. User Content, Media, and Responsibility

16.1 Content Ownership

You retain ownership of all content you create and share through nYtevibe ("User Content"), including vibe videos, photos, reviews, status messages, and profile information.

16.2 License Grant

By posting User Content on nYtevibe, you grant E&EL Global Inc. a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, display, reproduce, and modify your User Content in connection with operating, promoting, and improving the Platform. This license continues until you delete your content or account, except where your content has been shared with others and they have not deleted it, or where retention is required by law.

16.3 User Responsibility for Content

By submitting User Content, you represent and warrant that:

• You have the legal right to capture and share the content
• You are responsible for complying with the venue's recording, photography, and filming policies
• You are responsible for obtaining consent from individuals who are identifiable in your content
• Your content does not infringe on any third-party rights, including copyright, trademark, privacy, or publicity rights
• Your content does not contain illegal, defamatory, obscene, or harmful material
• The vibe reports, status updates, and reviews you submit are honest and based on your genuine experience

16.4 Platform Role and Liability

nYtevibe is a platform that enables users to share their nightlife experiences. As such:

• nYtevibe does not endorse, verify, or guarantee the accuracy of any User Content
• nYtevibe does not assume responsibility for User Content posted by its users
• nYtevibe does not guarantee that venues permit recording or photography
• nYtevibe acts as a platform host, not a publisher of User Content
• nYtevibe is not liable for any damages arising from User Content, including vibe videos, photos, or reviews

16.5 Media Retention

• Active vibe clips are displayed for up to 60 minutes from submission
• Vibe clips are archived as memories for up to 7 days
• After the retention period, media is automatically deleted unless required by law or ongoing investigation
• Users may delete their own content at any time
• Profile photos and avatars are retained until the user replaces them or deletes their account

16.6 In-App Capture

Vibe media must be captured within the nYtevibe app while you are physically present at or near the venue (verified via geolocation). Pre-recorded or externally sourced media may not be submitted as vibe content.

17. Content Moderation

17.1 Moderation Rights

nYtevibe reserves the right, but is not obligated, to review, monitor, flag, or remove any User Content at its sole discretion, including content that:

• Violates these Terms or our Community Guidelines
• Is reported by other users or venue owners
• Contains illegal, harmful, threatening, abusive, or objectionable material
• Infringes on intellectual property or privacy rights
• Is flagged by automated content review systems

17.2 Credibility-Based Moderation

Users with low credibility scores (below 40%) may have their vibe reports and content filtered or given reduced visibility. This shadow moderation is applied automatically based on the accuracy and reliability of past submissions.

17.3 Takedown Requests

Venue owners, individuals appearing in content, or copyright holders may request removal of User Content by contacting support@nytevibe.com. nYtevibe will process valid takedown requests in accordance with the Digital Millennium Copyright Act (DMCA) and applicable law.

18. Social Features and Friend Connections

18.1 Friend and Squad System

• You may send and receive friend requests from other users
• Accepted friends can see your check-in status, location at venues, and profile information (subject to your visibility settings)
• You may view your friends' friends lists and mutual connections
• You may remove friends at any time, which immediately stops location and status sharing

18.2 Profile Visibility

• Public profiles: Visible to all users, including non-friends, in search results and venue check-in lists
• Private profiles: Only friends can see your full profile; non-friends see limited information (username and profile picture only)
• You can change your profile visibility at any time in privacy settings

18.3 Vibe Check Requests

Friends and (for public profiles) non-friends may request a "Vibe Check" — asking you to share a live video from your current venue. You are never obligated to respond to a Vibe Check request.

19. Push Notifications

• By using nYtevibe, you consent to receiving push notifications on your device, including friend activity, check-in alerts, vibe updates, and promotional messages
• You may opt out of push notifications at any time through your device settings or the nYtevibe notification preferences
• Certain transactional notifications (account security, booking confirmations) may not be disabled
• nYtevibe collects device tokens (via Firebase Cloud Messaging) solely for the purpose of delivering push notifications

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, E&EL Global Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the Service
• Any User Content posted by you or other users
• Any venue's policies regarding recording, photography, or admission
• Inaccurate vibe reports, wait times, or venue status information
• Unauthorized access to your account or personal data
• Actions taken by other users, including at venues

In no event shall E&EL Global Inc.'s aggregate liability exceed the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months preceding the claim.

21. Indemnification

You agree to defend, indemnify, and hold harmless E&EL Global Inc. and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your User Content, including vibe videos, photos, and reviews
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Your violation of any venue's rules or policies
• Any claim that your User Content caused damage to a third party

22. Dispute Resolution and Arbitration

22.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@nytevibe.com and attempt to resolve the dispute informally for at least 30 days.

22.2 Binding Arbitration

If the dispute cannot be resolved informally, you and E&EL Global Inc. agree to resolve any claims relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, in the State of Delaware or remotely via video conference.

22.3 Class Action Waiver

22.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive relief in any court of competent jurisdiction for matters relating to intellectual property infringement or unauthorized access to the Service.

23. Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms which by their nature should survive termination shall survive, including ownership, indemnification, warranty disclaimers, and limitation of liability.

24. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect via in-app notification or email. Your continued use of the Service after such changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

25. Governing Law

These Terms shall be interpreted and governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Subject to the arbitration clause above, any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Sussex County, Delaware.