Terms of Use

1. Who these Terms apply to

These Terms apply to all users of the Service, whether direct or indirect:

• Direct users are people who pay for the Service or who have been added directly as a user within a Group (Group admins and promoters).
• Indirect users are people or organisations whose information is stored in NITELY without holding a paid seat, including guest-list and table-reservation contacts who provide their details to a promoter either directly or through a NITELY client portal, and venues subscribed for venue access to NITELY.

By creating or joining a Group as a promoter, or by providing information to a promoter that is stored in NITELY (directly or via the client portal), every user, direct and indirect, explicitly agrees to all terms and policies published at https://nitely.online.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By using the Service you represent and warrant that you meet these requirements.

3. Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account. Group admins are responsible for inviting team members, setting their roles, and for the data their Group stores in the Service.

4. Plans, subscriptions and billing

The Service is offered on the following plans:

• Free - free forever, limited to one user, with caps on contacts and custom venues. No payment card is required.
• Basic, Enhanced and Professional - paid plans billed per active user ("seat"). Prices are shown on the pricing page in GBP and are the total amount charged; NITELY is not VAT registered and does not add VAT or sales tax.

By selecting a paid plan you agree that:

• You will provide accurate billing information and keep a valid payment method on file with our payment provider, Stripe.
• You authorise us (via Stripe) to charge your payment method for recurring subscription fees until you cancel.
• Monthly plans are billed monthly; annual plans are billed once per year, up front, at roughly ten times the monthly price (about two months free), and annual fees are non-refundable except where required by law.
• There is no minimum or maximum number of users on paid plans. The Free plan is limited to one user.
• When a user joins or leaves your Group, your billed seat count updates automatically. Seat changes take effect from your next billing period: added seats are charged from the following period, and no credit or refund is given for a user who leaves part-way through a billing period.
• Bookings are unlimited on every plan. Contacts, custom venues and (on Free) users are capped per plan. If you reach a limit, the Service will prevent new records of that type until you upgrade or remove existing records, and your Group admins will be notified.

5. Free trials

Every paid plan includes a free trial: one month on monthly billing, or two months on annual billing. A valid payment card is required to start a trial. You will not be charged during the trial and may cancel at any time before it ends from the billing settings in your Group. If you do not cancel, your subscription begins and your payment method is charged when the trial ends.

6. Cancellation, non-payment and data retention

You may cancel your subscription at any time from the billing settings in your Group. Cancellation takes effect at the end of your current billing period.

• Voluntary cancellation: your Group moves to the Free plan and keeps its data. Anything above the Free plan limits becomes read-only until you resubscribe.
• Failed payment: you have a 7-day grace period to update your card. If the payment is still not made, the subscription is cancelled, your Group moves to a read-only state on the Free plan, and your data is retained for 60 days.
• After 60 days in that read-only state, the Group and all of its data are permanently deleted. Resubscribing at any point before then restores full access. We will notify your Group admins before deletion takes place.
• Deleted records within an active Group are soft-deleted and can be recovered by a Group admin within the retention window configured for your plan.

7. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. You must not misuse the Service, upload content that infringes the rights of others, or attempt to disrupt or compromise the security of the Service.

8. Your content and responsibilities

You retain ownership of the data you create within your Group (contacts, bookings, notes, venues, financial records and similar). You grant us a licence to host and process that data to provide and improve the Service, as described in our Privacy Policy. You are responsible for ensuring you have a lawful basis to collect, store and process the contact, guest and venue data you enter into the Service, including making the people concerned aware of our Privacy Policy, and for compliance with applicable data protection laws.

9. Tenant isolation and research use

Each Group operates in an isolated workspace and its data is not visible to other Groups. Records are private to their owner and to Group admins. As described in our Privacy Policy, Group and user data may be made available as a read-only dataset to NITELY-approved third parties and partners for review, market research and industry-trend analysis. This data is never shared or published outside the NITELY platform and remains encrypted at rest. You can opt out of this research use at any time by emailing hello@nitely.online.

10. Intellectual property

The Service, including its design, features and branding, is the intellectual property of NITELY. These Terms do not grant you any right to use the NITELY name, logo or trademarks without our prior written consent.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free or secure. Financial calculations and earnings figures provided by the Service are for operational reference only and should be independently verified before you rely on them.

12. Limitation of liability

To the maximum extent permitted by law, NITELY shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, arising from your use of the Service. Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold NITELY harmless from any claims, damages or expenses arising from your misuse of the Service, your violation of these Terms, or your infringement of the rights of any third party.

14. Changes to these Terms

We may update these Terms from time to time. We will notify you of significant changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing law

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Contact

If you have questions about these Terms, contact us at hello@nitely.online. For support, contact support@nitely.online.