Terms and Conditions - Nighters

ARTICLE 1: Purpose 
These "General Terms of Use" govern the legal framework for the use of the NIGHTERS mobile application, website and its services. 
This agreement is entered into between: 
- The manager of the application, NIGHTERS APP, hereinafter referred to as "the Publisher," 
- Any natural or legal person wishing to access the NIGHTERS application and its services, hereinafter referred to as "the User." 

The general terms of use must be accepted by every User, and access to the application implies acceptance of these conditions.  

ARTICLE 2: Legal Information 
The NIGHTERS mobile application is published by the company NIGHTERS APP, "SAS" (French company) with a capital of €5000, headquartered at 4 rue Caulaincourt, 75018 Paris, registered with the Trade and Companies Register of Paris under number 884 428 459. VAT number: FR60884428459 
You can contact NIGHTERS APP by email: contact@nighters.fr
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The NIGHTERS and NIGHTERS PRO mobile applications are hosted in data centers in Europe (Ireland and Germany) by Amazon Web Services (AWS): Amazon Web Services Inc., 410 Terry Avenue North, Seattle, WA98109-5210, USA.
http://aws.amazon.com

ARTICLE 3: Access to Services 
The User of the NIGHTERS mobile application, if identified with their login credentials, has access to the following services: 
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- COMMUNITY: A social network based on user outings, creating interaction between individuals. Users can share posts, tips, or reviews related to the Community, subscribe to other Nighters, or like and comment on content displayed on the social network. 
- EXPLORE: Listing of establishments and events, presented to the User through recommendations or based on filters according to their preferences. The default display is based on the user's geolocation, but the user can change it at any time. 
- AI-Powered Event Suggestions: The User has access to an AI-powered feature that suggests events matching their interests. This feature utilizes the GPT API from OpenAI to provide personalized recommendations. By using this feature, the User acknowledges that their interests and preferences may be processed to generate suggestions.
- Messaging Services: Nighters offers private and group messaging features powered by Stream.io. Users can communicate with other members through this service. The User agrees to use the messaging feature responsibly and in compliance with these Terms of Use.
- Plans Feature: Nighters provides a Plans feature where Users can create or join groups for specific events, facilitating real-life meetups. Users participating in these Plans agree to do so at their own risk and discretion.

The mobile application and its various services may be interrupted or suspended by the Publisher, especially during maintenance, without prior notice or justification. 
By registering on NIGHTERS, the User agrees not to choose a pseudonym with a vulgar, violent, racist, or pedophilic connotation and not to violate any existing regulations. The editor will reject any pseudonym that goes against the issued regulations.
The User also agrees not to make statements or distribute in any form content that violates the rights of others or is defamatory, insulting, obscene, offensive, violent, or incites violence, political, racist, or xenophobic, and, in general, any content contrary to the purpose of NIGHTERS, applicable laws and regulations, or good morals. 
In particular, photos, videos, and all information, data, or files shared online by a User must be decent and relate exclusively to the User.
Under no circumstances should published content be pornographic or simply incite violence, war, or, in general, any thought contrary to the spirit of the Application.
Content that may lead to any form of harassment or mockery against a third party, whether using NIGHTERS or not, is also prohibited. The administrators of NIGHTERS reserve the right to delete content from members that does not correspond to the site's image without any notice, or even deactivate or delete accounts in extreme cases. 
The User also agrees not to post or distribute in any form information or content that has the effect of reducing, disrupting, preventing the normal use of services, or interrupting and/or slowing down the normal flow of communications between Users through the services, such as software, viruses, logic bombs, massive messaging, etc. 

NIGHTERS reserves the right to delete messages that are sent massively by members to preserve a normal quality of service for other members. The transmission of any form of unsolicited message that could be interpreted as an advertising prospectus is prohibited. Do not post or distribute in any form information or content that includes links to other sites that are illegal, contrary to good morals, and/or not in line with the purpose of NIGHTERS. 

The User agrees not to post messages that violate the rights of third parties (including intellectual or industrial property rights such as trademarks, designs, models, patents, know-how, etc.), the laws and regulations in force in France, in their country of residence, or in the country where their data is intended to be received. 

To fully enjoy the services provided by Nighters, the User agrees to share their geolocation with the Editor. This information will be used to suggest activities available around them or to gather Community posts nearby. 
If notifications are enabled, the User agrees to receive notifications from Nighters to stay informed about the latest updates on Community (new posts, comments, liked publications, or addition of a User).
Notifications can be disabled in the device settings or directly in the Application settings.  

ARTICLE 4: User's Responsibility 
The User is responsible for the risks associated with the use of their login credentials and password. The User's password must remain confidential. Incase of password disclosure, the Publisher declines any responsibility. 
The User assumes full responsibility for the use they make of the information and content present on NIGHTERS. 
Any use of the service by the User directly or indirectly resulting in damages must be subject to compensation for the benefit of the application. 

NIGHTERS allows members to publish on the application:
- Posts and Plans related to the Community;
- Reviews related to the Community;
- Comments on published content;
- A description on their Profile;
- Ratings for activities the User has experienced (establishments or events). 

The member undertakes to use respectful language toward others and the law, not to publish defamatory comments or publications, and agrees that these publications and comments may be moderated or rejected by the Editor, without the need for justification. NIGHTERS cannot be held responsible for any viruses that may infect the User's mobile, computer, or any computer equipment following the use, access, or download from this application. 
By publishing on the site, the User grants  the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast, and distribute their publication, directly or through an authorized third party. 
The Editor, however, undertakes to mention the member in case of the use of their publication.

The User is responsible for maintaining the confidentiality and security of their private messages and group messages sent through the Messaging feature. The User agrees not to use the Messaging feature to harass, intimidate, or send inappropriate content to others.
The User agrees that the AI Suggestions feature may analyze their activity, preferences, and interactions within the app to provide personalized event recommendations.
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In the Plans feature, Users can create and join group events or meetups. The User agrees to respect the terms of each event and to behave appropriately during these gatherings. The User acknowledges that NIGHTERS is not responsible for the conduct of participants in these events.

‍SEARCH CONDITIONS ON EXPLORE: 
These Conditions aim to define the terms and conditions applicable to the search for events, activities, or outings on the EXPLORE section of the NIGHTERS application. 
In this context, NIGHTERS is the intermediary tool between the User and establishments or events, referenced either by NIGHTERS APP with the information available online, or by a representative of the establishment/event via the NIGHTERS PRO interface.
The application makes every effort to ensure the best possible experience for both parties but cannot guarantee complete control over the seriousness of the User or the Professional. 
Thus, the sources of information broadcast on NIGHTERS are deemed reliable, especially by allowing only activities published by professional organizations (companies or associations), but the application does not guarantee that they are free from defects, errors, or omissions.
Therefore, NIGHTERS APP is in no way responsible for any incident occurring in an event or establishment referenced in the application. The NIGHTERS APP editor does everything in their power to guarantee the seriousness of the content shared on their application but cannot guarantee total control.
Therefore, it is not responsible if an event or establishment does not correspond to the announcement found on the application, or if the User is not satisfied with the event/establishment found on NIGHTERS.
In the event of a dispute mentioned above, the User can nevertheless report the advertisement directly on the application or contact the company at contact@nighters.fr, which will take the necessary measures regarding the advertisement in question.  

ARTICLE 5: Publisher's Responsibility 
Any malfunction of the server or network cannot engage the responsibility of the Publisher. 
Likewise, the site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party. NIGHTERS undertakes to implement all necessary means to ensure the security and confidentiality of data.
However, it does not provide a guarantee of total security. 
The Publisher reserves the right not to guarantee the reliability of the sources, although the information broadcast on the application is deemed reliable. 
In the context of the EXPLORE platform, the role of NIGHTERS APP is limited to highlighting establishments and events for Users, by validating in advance the compliance of an organization with NIGHTERS PRO criteria. 
NIGHTERS APP cannot be held responsible, in particular, for:
- The consequences of virtual or real meetings between establishments or events and Users following the use of the application;
- The legal, financial, and material conditions of the relationships between establishments/events and individuals following the use of the application;
- Any damage resulting from a fault of the User or the establishment/event. 

NIGHTERS APP cannot be held responsible for the accuracy of the AI Suggestions provided to Users. While the AI feature aims to provide relevant recommendations, it may not always accurately reflect the User's interests or preferences.
The Publisher is not liable for the content of private and group messages sent through the Messaging feature. Any misuse of this feature, including but not limited to harassment, abuse, or inappropriate content, is the responsibility of the User.
The Publisher is not responsible for any incidents, disputes, or dissatisfaction arising from the use of the Plans feature. Users participate in group events at their own risk, and NIGHTERS APP disclaims any liability for the actions of individuals during these events.

NIGHTERS APP cannot in any case be held responsible for indirect or unforeseeable losses or damages of the establishment/event or third parties, which notably includes any lost profits, loss of profit, or loss of chance related to any title and on any basis whatsoever to these General Conditions. 
The User cannot, therefore, turn against NIGHTERS APP or claim any compensation from it on any basis.  

ARTICLE 6: Intellectual Property 
The contents of NIGHTERS (logos, texts, graphic elements, videos, etc., representing the Nighters brand) are protected by copyright under the Intellectual Property Code. 
The User must obtain the permission of the site editor before reproducing, copying, or publishing these different contents. These can be used by users for private purposes; any commercial use is prohibited. 
The User is entirely responsible for any content they upload and undertakes not to harm a third party. 
The Editor of the mobile application reserves the right to moderate or delete freely and at any time the content posted by Users, without justification.

Content generated by the AI Suggestions feature is also considered part of NIGHTERS intellectual property. Users may not reproduce, distribute, or use this content for commercial purposes without explicit permission from the Publisher.
Messages sent via the Messaging feature and event details in the Plans feature remain the intellectual property of their respective authors. However, by using these features, Users grant NIGHTERS APP a non-exclusive, royalty-free license to use, modify, and display this content within the app.

ARTICLE 7: Personal Data 
The User must provide personal information to register on the app. 
The User's email address may be used by NIGHTERS for various communications and account management. 

Data Processing for AI Suggestions
‍To provide personalized event suggestions, Nighters may process User data including interests, past activities, and preferences.
This data is used solely for improving the User experience and is handled in accordance with our privacy policy.

‍Messaging Data
‍Messages sent through the Nighters platform are processed and stored using Stream.io's services. Users should be aware that while we strive to ensure the privacy and security of all communications, no method of transmission over the internet is 100% secure.

NIGHTERS guarantees the respect of the user's privacy, in accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms. 
Under Articles 39 and 40 of the law dated January 6, 1978, the User has the right to access, rectify, delete, and object to their personal data.
The User exercises this right via:
- By email at contact@nighters.fr;
- By post to 4 rue Caulaincourt, 75018 Paris.  

ARTICLE 8: Hyperlinks 
The domains to which the hyperlinks on the site lead do not engage the responsibility of the NIGHTERS and NIGHTERS PRO Editor, who has no control over these links.
However, the User is invited to report compromising hyperlinks by reporting the content directly on the application or by email to contact@nighters.fr.  

ARTICLE 9: Evolution of the General Terms of Use 
NIGHTERS reserves the right to modify the clauses of these general terms of use at any time and without justification.  

ARTICLE 10: Duration of the Contract 
The duration of this contract is indefinite. The contract takes effect for the User from the start of the use of the service.  

ARTICLE 11: Applicable Law and Jurisdiction 
This contract is subject to French law. In the event of a dispute not resolved amicably between the User and the Editor, it will be submitted to the exclusive jurisdiction of the competent courts to settle the dispute.

Oh yeah, and most importantly, enjoy your time on Nighters!
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