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 and Proximity Features

13.1 Location Data Collection

• We collect location data for proximity-based notifications and venue recommendations
• 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 Proximity Notifications

• Users may receive notifications when near followed venues
• Geofencing technology may be used for location-based features
• Location data is used to provide venue recommendations
• Proximity notifications can be disabled in notification settings

13.3 Location Data Controls

• Users can control location sharing in privacy settings
• Location history can be disabled
• Location data retention periods are configurable by user
• IP-based location tracking can be disabled

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 User Content

• Users retain ownership of their content (reviews, photos, profile information)
• Users grant nYtevibe a non-exclusive license to use, display, and distribute user content on our platform
• User content must not infringe on third-party rights
• Users are responsible for ensuring they have rights to upload content

15.3 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. Limitation of Liability

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 the service.

17. 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).

18. 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.

19. 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.

20. 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. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Delaware.