Terms of Service
Last updated: April 23, 2025
Welcome to TonightAI. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the TonightAI service, mobile application, and website (collectively, the "Service"), you agree to comply with and be bound by these Terms.
If you do not agree to these Terms, please do not access or use our Service.
Contents
1. Agreement to Terms
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a business or other entity, you represent and warrant that you have the necessary authority to agree to these Terms on their behalf.
Please note that these Terms incorporate our Privacy Policy, which explains how we collect, use, and protect your personal information.
2. Changes to Terms
We may modify these Terms at any time. If we make changes, we will provide notice by updating the date at the top of these Terms and, in some cases, we may provide additional notice such as adding a statement to our website or sending you an email notification.
Your continued use of the Service after any changes indicates your acceptance of the modified Terms. If you do not agree to the modified Terms, you should discontinue your use of the Service.
We encourage you to review the Terms regularly to stay informed about our legal terms of service.
3. Eligibility
You must be at least 18 years old to access or use our Service. By using our Service, you represent and warrant that you meet this requirement.
Additionally, you represent and warrant that you are not prohibited from receiving services under applicable laws and that you will comply with all applicable laws when using the Service.
4. User Accounts
To access certain features of the Service, you may need to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms or if we believe your account has been compromised.
5. Subscriptions and Payments
TonightAI offers both free and premium subscription plans. By subscribing to a premium plan, you agree to pay the applicable fees as described on our website.
5.1 Subscription Terms
Premium subscriptions may be offered on a monthly or annual basis and will automatically renew for the same subscription term unless you cancel before the renewal date. You authorize us to charge your payment method for the subscription fee at the beginning of each billing period.
5.2 Free Trials
We may offer free trials of premium features. Upon expiration of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial period ends.
5.3 Cancellation and Refunds
You may cancel your subscription at any time through your account settings or by contacting us. Cancellations take effect at the end of the current billing period. We generally do not provide refunds for partial subscription periods unless required by law.
5.4 Price Changes
We may change the fees for our subscription plans. If we do, we will provide notice at least 30 days before the change takes effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the updated fee.
6. User Content
Our Service may allow you to create, upload, post, send, receive, store, share, or otherwise provide content including comments, ratings, plan shares, and other materials (collectively, "User Content").
6.1 Your Rights and Responsibilities
You retain ownership rights in your User Content. By providing User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works from, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service.
You represent and warrant that: (i) you own or have the necessary rights to your User Content; (ii) your User Content does not infringe on the intellectual property rights, privacy rights, or other rights of any third party; and (iii) your User Content complies with these Terms and all applicable laws.
6.2 Our Rights
We reserve the right to review, remove, or modify User Content for any reason, including User Content that we believe violates these Terms or our policies, without prior notice.
7. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable law, regulation, or third-party rights
- Using the Service for any illegal purpose or in support of illegal activities
- Posting, uploading, or sharing content that is fraudulent, false, misleading, defamatory, obscene, pornographic, hateful, or otherwise objectionable
- Harvesting or collecting email addresses or other contact information of other users
- Impersonating another person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
- Interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service
- Attempting to access areas of the Service or systems that you are not authorized to access
- Using any automated system, including "robots," "spiders," or "offline readers" to access the Service
- Circumventing, disabling, or otherwise interfering with security-related features of the Service
8. Intellectual Property Rights
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of TonightAI and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
Our trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of TonightAI. These Terms do not grant you any rights to use our trademarks, service marks, or logos.
You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purposes subject to these Terms.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH CONTENT BY YOU OR ANY OTHER VISITOR TO OUR SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
WHILE OUR SERVICE PROVIDES VENUE RECOMMENDATIONS AND NIGHTLIFE PLANNING, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, ACCURACY, OR LEGALITY OF VENUES OR EVENTS RECOMMENDED. USERS SHOULD EXERCISE THEIR OWN JUDGMENT BEFORE VISITING ANY RECOMMENDED VENUE OR ATTENDING ANY RECOMMENDED EVENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TONIGHTAI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to defend, indemnify, and hold harmless TonightAI, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.
12. 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 these Terms.
If you wish to terminate your account, you may simply discontinue using the Service or delete your account through your account settings.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. Dispute Resolution
Before initiating any legal action against TonightAI, you agree to first try to resolve the dispute informally by contacting us. If a dispute cannot be resolved informally, you and TonightAI agree to resolve any disputes through binding arbitration in accordance with the rules of the London Court of International Arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
Any arbitration will be conducted in the English language and shall take place in London, United Kingdom. The arbitration will be based solely on written submissions and conducted by a single arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and TonightAI waive any right to a jury trial.
15. Contact Us
If you have any questions about these Terms, please contact us at:
TonightAI Legal Team
Email: legal@tonightai.app
Address: 123 AI Plaza, Cambridge, CB2 1TN, United Kingdom
© 2025 TonightAI. All rights reserved.