These Terms of Service ("Terms") govern your use of the Noktu mobile application and related services (the "Service"), operated by Noktu LLC, a Florida limited liability company ("Noktu," "we," "us"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old to use the Service and must complete identity-based age verification. Venues set their own admission requirements (commonly 21+), and verification through the Service does not guarantee admission anywhere. You represent that the information you provide is accurate and that you are legally able to enter into these Terms.
2. Your Account
- Provide accurate information and keep your credentials secure; you are responsible for all activity on your account.
- One account per person; accounts are personal and non-transferable.
- You may not use another person's ID, a falsified ID, or another person's account to verify or check in. Doing so is grounds for immediate termination and may be reported where required or permitted by law.
3. The Service
Noktu provides nightlife discovery, age verification, venue check-in, presence sharing with friends, and — at your option — payment-card linking for spend tracking and rewards (Section 6). You control your visibility: presence is shared with accepted friends under settings you control, individual visibility to a venue requires your explicit per-venue opt-in, and you may go invisible at any time.
Venues on the Service are independent third-party businesses. Noktu does not own, operate, staff, supervise, or control any venue. Noktu does not sell or serve alcohol; does not control or guarantee admission, ejection, pricing, events, capacity, security, or safety at any venue; and is not responsible for the acts or omissions of venues, their owners, their staff, or other patrons. Your interactions with any venue are solely between you and that venue.
4. Acceptable Use
You agree not to:
- Misrepresent your identity or age, or circumvent verification.
- Harass, threaten, stalk, or harm other users, or use presence information to do so.
- Post content that is unlawful, infringing, hateful, harassing, or sexually explicit.
- Scrape, reverse engineer, probe, or interfere with the Service or its security measures.
- Use the Service for any commercial purpose without our prior written agreement.
5. Your Content
You retain ownership of content you post (such as photos and reviews). You grant Noktu a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and distribute that content as needed to operate and promote the Service. You represent that you have the rights necessary to grant this license and that your content does not violate these Terms or any law. We may remove content or restrict accounts that violate these Terms.
Copyright notices. If you believe content on the Service infringes your copyright, send a notice to hello@noktu.app with: identification of the work, the allegedly infringing material and its location, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act, and your physical or electronic signature. We will respond to valid notices and may remove the material and, in appropriate cases, terminate repeat infringers.
6. Spend Linking (Optional)
You may choose to link a payment card so that your eligible purchases at participating venues can be attributed to you for spend tracking and rewards. Spend linking is entirely optional, requires your explicit in-app consent, and can be turned off (your card unlinked) at any time.
Card linking and transaction monitoring are provided through our card-linking provider, Fidel. When you link a card, Fidel processes your card details; Noktu receives and stores only a tokenized reference to your card together with the last four digits and the card network — never your full card number, and never your bank login or account credentials (see the Privacy Policy). Noktu does not initiate, process, or settle any payment, and is not your card issuer, bank, or payment processor. Noktu is not responsible for the acts or omissions of your card issuer, your bank, the card networks, or any venue's point-of-sale or payment systems, including the accuracy, authorization, posting, or reversal of any transaction.
7. Privacy
Our Privacy Policy describes what we collect and how it is used, including what we deliberately do not collect (such as location data, your ID document contents, and your full payment card number). It is incorporated into these Terms by reference.
8. Safety; Assumption of Risk
Nightlife involves inherent risks. You are solely responsible for your own decisions, conduct, and compliance with law, including all decisions about alcohol consumption and your own transportation and safety. The Service provides information and convenience features only; it does not provide security, supervision, medical assistance, crowd control, or any guarantee about venues, their staff, other patrons, or your safety. To the maximum extent permitted by law, you assume all risk arising from your attendance at, admission to, ejection from, or conduct at any venue, and from your interactions with venues and other users, whether arising on or off the Service.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, THAT DEFECTS WILL BE CORRECTED, THAT VERIFICATION WILL BE ACCEPTED BY ANY VENUE, OR THAT ANY SPEND OR TRANSACTION WILL BE CAPTURED, ATTRIBUTED, OR REWARDED. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS USED AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOKTU AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, NOKTU WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF ANY VENUE, ITS STAFF, OR ANY OTHER USER, INCLUDING WITHOUT LIMITATION ADMISSION OR EJECTION DECISIONS, EXCLUSION OR "86" ACTIONS, ALCOHOL SERVICE OR OVER-SERVICE, INJURIES, ALTERCATIONS, THEFT, PROPERTY DAMAGE, OR ANY CONDUCT OCCURRING AT OR IN CONNECTION WITH ANY VENUE, OR FOR ANY PAYMENT, CHARGE, OR TRANSACTION HANDLED BY A VENUE, A CARD ISSUER, A BANK, A CARD NETWORK, OR OUR CARD-LINKING PROVIDER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNTS YOU PAID TO NOKTU, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless Noktu and its owners, members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your content, your use of the Service, your interactions with any venue or user, or your violation of these Terms or applicable law.
12. Dispute Resolution; Governing Law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.
Binding arbitration. Except as set out below, you and Noktu agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The arbitration will be conducted in Miami-Dade County, Florida, or by remote means, and judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. You and Noktu agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.
Small-claims and injunctive carve-out. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in a court of competent jurisdiction in Miami-Dade County, Florida, to protect its intellectual property or the security of the Service.
Opt-out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing hello@noktu.app with your account email and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
13. Termination
You may stop using the Service or delete your account at any time using the in-app account-deletion feature. We may suspend or terminate accounts that violate these Terms, create risk for other users or venues, or as required by law. Sections that by their nature should survive (including 5, 6, and 9 through 12) survive termination.
14. Changes to These Terms
We may modify these Terms. Material changes will be communicated through the app or by email; continued use after changes take effect constitutes acceptance.
15. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and Noktu regarding the Service. If any provision is held unenforceable, the remainder stays in effect and the unenforceable provision will be limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a corporate transaction.
16. Contact
hello@noktu.app • Noktu LLC, 531 NE 39th Street, Suite 201, Miami, FL 33137