Last Updated: July 24, 2025
These Enterprise Terms of Service (these "Terms"), together with any Service Order constitute a binding agreement (the "Agreement") between Nightro LLC ("Nightro") and the Customer identified on the applicable Service Order ("Customer").
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS CUSTOMER'S USE OF THE SERVICES. BY CREATING AN ACCOUNT, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING ANY OF THE SERVICES, CUSTOMER REPRESENTS THAT (1) IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT, (2) ALL INFORMATION PROVIDED IS ACCURATE AND COMPLETE, AND (4) THE INDIVIDUAL SIGNING THE SERVICE ORDER HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE CUSTOMER INDICATED ON YOUR SERVICE ORDER. DO NOT SIGN THE SERVICE ORDER IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT.
By accessing or using Nightro's Services, Customer agrees to be bound by these Terms. If Customer does not agree, do not use the Services.
Our "Services" include: real-time monitoring of customer presence and flow, tools to estimate and display wait times, and optional add-on (at additional cost) features to send offers, promotions, and event notifications to patrons.
Customer must create an account to access the Services and is responsible for maintaining the confidentiality of its login credentials and for all activities under its account.
Services are owned and operated by Nightro, and it owns or licenses all intellectual property rights associated therewith. Customer shall not sell, license, distribute, copy, modify, or otherwise make unauthorized use of the Services and nothing herein grants Customer any right or license beyond the limited rights to access and use the Services. Customer grants to Nightro a worldwide, nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display any content submitted by Customer ("Customer Content") in any form of media now known or hereafter developed. Customer represents and warrants that it owns or otherwise controls all of the rights to its Customer Content, that its Customer Content is accurate, that it does not violate this Agreement, and will not cause injury to any person or entity. Nightro may, but is not obligated to, monitor and edit or remove any Customer Content in its sole discretion.
Customer agrees that Nightro may collect and use data as described in Nightro's Privacy Policy, including: patron traffic and behavior analytics, wait time metrics, and marketing engagement data.
For additional fees, Customer may have the option to use the platform to send marketing messages to patrons. To use these features, you agree to comply with all applicable laws (e.g., CAN-SPAM, TCPA, GDPR).
Fees for the Services are outlined in Customer's Service Order. Late payments may result in suspension or termination of Services.
Customer may not use the Services for unlawful purposes, interfere with or disrupt the Services, or reverse engineer or attempt to extract source code.
Use of the Service requires Internet access. Customer is responsible for all costs associated with such access.
The "Subscription Term" of this Agreement is as indicated on Customer's Service Order. Unless otherwise specified on an applicable Service Order, Customer's subscription to the Services commences on the Effective Date of the Service Order and shall continue in effect for the Subscription Term. Thereafter, and unless otherwise specified in a Service Order, each applicable Service Order shall automatically renew for successive subscription terms of the same length, unless either party provides notice to the other party of its intention not to renew prior to expiration of the then-current term. A party must provide at least five (5) days prior notice if on a monthly billing cycle or thirty (30) days prior notice if on any other billing cycle. Notification of non-renewal from Customer to Nightro must be in writing and confirmed by Nightro.
Either party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement and such breach remains uncured for more than thirty (30) days after receipt of written notice of such breach. Nightro may terminate this Agreement at any time without cause and without notice. Upon termination, Customer shall not be entitled to any refund of any fees previously paid to Nightro unless Customer terminates due to Nightro's uncured material breach, in which case Customer may be entitled to a pro-rata refund of any prepaid and unused fees advanced to Nightro.
Upon termination, your access to data and features will cease.
THE SERVICES, USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICE, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN "AS-IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NIGHTRO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NIGHTRO BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR LOST REVENUES, LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING FROM CUSTOMER'S OR ANY THIRD-PARTY'S USE OR INABILITY TO USE THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF TECHNOLOGY, LOSS OF DATA OR INTERRUPTION, OR LOSS OF USE DAMAGES WHETHER OR NOT NIGHTRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE MAXIMUM AGGREGATE LIABILITY OF NIGHTRO ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), OR ANY OTHER LEGAL THEORY, IN LAW OR AT EQUITY, SHALL NOT EXCEED THE LESSER OF (A) THE ACTUAL FEES PAID BY CUSTOMER FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO LIABILITY HEREUNDER, LESS ANY DAMAGES PREVIOUSLY PAID BY NIGHTRO TO CUSTOMER IN SUCH SIX (6) MONTH PERIOD; OR (B) FIVE HUNDRED AND NO/100 DOLLARS ($500.00).
Customer agree to indemnify and hold Nightro, its members, managers, officers, affiliates, employees, agents, successors and assigns harmless from any claims, damages, or expenses arising from its use of the Services or violation of these Terms.
These Terms are governed by the laws of the State of Georgia, without regard to its conflict of law principles.
In the event of any dispute between Customer and Nightro, Customer agrees to first attempt to resolve the dispute via direct discussions with Nightro. If the dispute remains outstanding, Customer agrees to submit the dispute to mediation before a certified mediator before filing suit.
Nightro may update these Terms from time to time. Continued use of the Services after changes constitutes acceptance of the new Terms.
For questions about this Agreement, please contact team@nightroapp.com .