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.

26. nYtevibe Loyalty Program

The nYtevibe Loyalty Program ("Loyalty Program") is a free, voluntary recognition program that rewards repeated visits to participating venues. The terms in this Section 26 govern your participation in the Loyalty Program and are incorporated into these Terms. All other provisions of these Terms — including age requirements (Section 2), Acceptable Use (Section 5), Limitation of Liability (Section 20), Indemnification (Section 21), Dispute Resolution (Section 22), and Governing Law (Section 25) — apply to the Loyalty Program in full.

26.1 No Purchase, No Monetary Value

• The Loyalty Program is not a sweepstakes, lottery, or game of chance. Participation is determined solely by user behavior (check-ins and vibe posts), not by random draw or consideration.
• nYtevibe does not pay users for participating, posting vibes, or visiting venues. No employment, agency, partnership, or independent-contractor relationship is created between you and E&EL Global Inc. by your participation.
• Any tax liability arising from receipt of a perk, voucher, or other benefit is your sole responsibility. nYtevibe believes that the value of individual perks falls below tax-reportable thresholds (the "de minimis" principle), but does not provide tax advice and makes no representation as to the tax treatment of perks in your jurisdiction.

26.2 What Counts as a Loyalty Visit

A "loyalty visit" requires BOTH:

• A geofence-verified check-in at the venue, and
• At least one vibe post at that venue while the check-in is active (before you check out).

To prevent inflation, only one loyalty visit per (user, venue) is counted per 24 hours. Subsequent vibes, re-check-ins, or check-out/check-in cycles within that 24-hour window do not increment your visit count.

Anonymous-mode visits count. If you set your check-in or vibe visibility to "Anonymous," the visit still counts toward your tier progression at that venue, you still earn perks, and your vouchers still appear in your account. Your identity is masked on public surfaces (feeds, friend broadcasts, and venue dashboards) as described in our Privacy Policy. The internal record linking your user ID to the visit is retained solely for tier progression and perk delivery.

26.3 Tiers, Spots, and Achievements

• Per-venue tiers: You may achieve tier status (Visitor, Newcomer, Regular, Insider, Founder, Hall of Fame) independently at each venue you visit. Tier thresholds, names, and perk contents are described in the Loyalty Program marketing materials and may be modified by nYtevibe in accordance with Section 26.10.
• Your Spots: Your top three venues by lifetime loyalty-visit count are your "Spots." Spot rankings are dynamic — they recompute automatically as your visit counts change. A venue may be added to or removed from your Spots without notice based on this recomputation.
• Cross-venue achievements: Platform-wide statuses (such as Connector, Triple Insider, City Royalty, and Hall of Fame) are awarded when you meet defined criteria across multiple Spots. These statuses may be revoked if you no longer satisfy the underlying criteria (e.g., if a Spot is demoted out of your top 3).
• Inactivity: Tier status is preserved indefinitely, but monthly perks at any given Spot may pause if no qualifying visit occurs at that venue within a 90-day rolling window. Perks resume upon your next qualifying visit.

26.4 Perk Funding and Venue Participation

Perks are funded either by E&EL Global Inc. (during Phase 1A of the program) or by the venue at which the perk is redeemable (in subsequent phases). You acknowledge and agree that:

• Perk availability at a specific venue depends on that venue's participation and funding status with nYtevibe at the time of redemption.
• If a venue ceases participation, allows its subscription to lapse, or is removed from the platform, monthly perks tied to that venue may be suspended after a 30-day grace period. Your accumulated tier status and visit history at that venue are preserved.
• Where a perk is funded by a venue, the venue (not nYtevibe) is responsible for the underlying goods or services (drinks, food, admission, etc.). nYtevibe acts as a platform that records, communicates, and verifies perk eligibility — not as the provider of the perk itself.
• Venues retain the right to refuse redemption of a voucher to any individual on lawful grounds, including but not limited to: failure to meet age requirements, intoxication, dress code violations, capacity limits, or any other policy the venue lawfully applies to its general clientele.

26.5 Squad Bonus

The Squad Bonus is a shared perk unlocked when four or more accepted friends check in at the same venue within a defined time window and at least two of those friends have that venue as one of their Spots. Squad Bonus eligibility is verified by geofence and timestamp. Coordinating fake check-ins, "ghost" friend accounts, or spoofed locations to trigger a Squad Bonus is a material violation of these Terms and will result in the consequences described in Section 26.7.

26.6 Vouchers

Perks are delivered as digital vouchers in the nYtevibe app. By participating in the Loyalty Program, you agree that:

• Each voucher is single-use, non-transferable, and venue-specific (it may be redeemed only at the venue identified on the voucher).
• Each voucher expires 30 days after issue unless a different expiry is shown on the voucher itself. Expired vouchers cannot be reissued except at nYtevibe's sole discretion.
• Vouchers are redeemed by presenting the in-app QR code to authorized venue staff. The QR payload is cryptographically signed; vouchers presented through screenshots, third-party apps, or otherwise outside the nYtevibe app may be refused.
• Vouchers cannot be combined with other promotions, discounts, or vouchers unless expressly permitted on the voucher itself.
• Vouchers have no cash value and are not refundable if unused, lost, expired, or unredeemable due to venue closure, staffing, or any other reason.
• Selling, trading, or auctioning vouchers, voucher codes, or QR images is prohibited and will result in voucher invalidation and the consequences described in Section 26.7.

26.7 Prohibited Conduct and Forfeiture

The following conduct is a material violation of these Terms and the Loyalty Program rules:

• Submitting check-ins from outside the venue's geofence (GPS spoofing, VPN-based location forgery, or any other technical circumvention)
• Posting vibes that are fabricated, misleading, or not based on actual presence at the venue
• Operating multiple accounts to inflate visit counts, qualify for Squad Bonus, or stack perks
• Coordinating with other users to fraudulently trigger Squad Bonus or cross-venue achievements
• Sharing, selling, transferring, or attempting to transfer vouchers or voucher codes
• Tampering with, reverse-engineering, or attempting to forge voucher signatures, QR codes, or any other security mechanism
• Misrepresenting age, identity, or any other eligibility criterion to obtain perks
• Any other conduct intended to defeat, circumvent, or unfairly exploit the design of the Loyalty Program

If we determine, in our reasonable discretion, that you have engaged in any of the conduct above, we may take any or all of the following actions, without notice and without refund or compensation:

• Invalidate all unredeemed vouchers
• Reset or remove your tier status and cross-venue achievements at one or more venues
• Reset or remove your accumulated loyalty-visit counts
• Disqualify you from the Loyalty Program, either temporarily or permanently
• Suspend or terminate your nYtevibe account in accordance with Section 23
• Recover from you, including by legal action, the value of any benefit obtained through prohibited conduct

26.8 Venue Data Sharing

The Loyalty Program produces venue-level analytics that are shared with venues. The specific data shared depends on the venue's participation tier and is described in detail in our Privacy Policy. In summary:

• Free-tier venues receive aggregated, non-identifying snapshots (e.g., counts of Regulars at the venue).
• Paid-tier venues receive identifying information for users who have achieved Regular or higher tier status at THAT venue, so the venue may recognize and serve its loyal customers.
• Visits posted under Anonymous visibility are never attributed to you in venue-facing surfaces, regardless of the venue's tier. Your identity is preserved within nYtevibe solely for the purpose of progressing your tier and delivering vouchers to your account.

26.9 Eligibility and Geographic Restrictions

• The Loyalty Program is available only to users who meet the age and account requirements in Section 2.
• The Loyalty Program is currently offered in connection with venues participating in the Houston, Texas metropolitan area. nYtevibe reserves the right to limit, modify, or withdraw the Loyalty Program in any jurisdiction where it would be unlawful, restricted, or commercially impracticable.
• Where local law restricts loyalty programs, sweepstakes-like features, alcohol-related promotions, or similar marketing activities, the Loyalty Program is offered only to the extent permitted by that law, and the terms here are deemed modified to the minimum extent required for compliance.

26.10 Program Changes and Termination

nYtevibe reserves the right, at its sole discretion and at any time, to:

• Modify tier thresholds, perk contents, perk values, expiry periods, voucher rules, qualifying visit criteria, or any other Loyalty Program mechanic
• Add or remove venues from the program
• Suspend, pause, or terminate the Loyalty Program in whole or in part

For material changes, we will provide reasonable advance notice (typically at least 30 days) via in-app notification or email. If we terminate the Loyalty Program, we will provide at least 30 days' notice, during which unexpired vouchers in your account may continue to be redeemed in accordance with their terms. After termination, no further perks, vouchers, or tier progression will be issued.

nYtevibe is not liable for any loss, damages, or claims arising from modifications to or termination of the Loyalty Program, including the loss of tier status, achievements, or unredeemed perks (subject to Section 20).

26.11 Disclaimer of Warranty

THE LOYALTY PROGRAM IS PROVIDED "AS-IS" AND "AS-AVAILABLE." WITHOUT LIMITING THE WARRANTY DISCLAIMERS ELSEWHERE IN THESE TERMS, nYtevibe MAKES NO REPRESENTATION OR WARRANTY THAT (a) ANY SPECIFIC PERK WILL BE AVAILABLE AT A SPECIFIC VENUE AT A SPECIFIC TIME; (b) ANY VENUE WILL ACCEPT OR HONOR A VOUCHER; (c) ANY TIER, ACHIEVEMENT, OR SPOT WILL PERSIST; OR (d) THE PROGRAM WILL CONTINUE INDEFINITELY.

26.12 Severability and Survival

If any provision of this Section 26 is held to be invalid, illegal, or unenforceable, the remainder of these Terms (including the remainder of Section 26) will remain in full force and effect. The provisions of this Section 26 that by their nature should survive (including 26.1, 26.6, 26.7, 26.8, 26.10, and 26.11) will survive any termination of these Terms or the Loyalty Program.