These Terms of Service (“Terms”) govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the “Services” or “Nightly What’s Up App”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“).

Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

By accessing the Nightly What’s Up App, you are agreeing to be bound by the Nightly What’s Up App Terms of Service (“Terms”) or Terms and Conditions of Use, and agree that you are responsible for compliance with any applicable laws and regulations in your country, state or local authority.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

You must be 18 years old to use Nightly What’s Up App. Please entrust the selection of services to a legal adult and leave the websites or apps now. We apologize for the inconvenience and hope that you will return when legally of age.

Nightly What’s Up App is an online social messaging platform for establishments including but not limited to restaurants, bars, clubs and venues to broadcast information to app users. The information shared by the establishments is solely the responsibility and property of the business sharing the information by messaging posting.

Nightly What’s Up App does not own, recommend or warrant the businesses offering services on the web app. Users are expected to eat, drink or socialize at establishments at their own risk.

Nightly What’s Up App is not liable for expenses or damages after using a service offered by any establishment on the app, regardless if it is use deemed caused by recommendation or review by any party, including from the owner of the business.

The user takes full responsibility for further due diligence when using a service offered on Nightly What’s Up App.

If you do not agree with any of these Terms of Service, you are prohibited from using or accessing this mobile application and you should discontinue use of the websites and apps now. The materials contained in the Nightly What’s Up App are protected by applicable copyright and trade mark law. The Terms may be changed periodically and may affect the service you are supplied.

2. Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

Under no circumstances will Nightly What’s Up App be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Nightly What’s Up App may contain links and advertisements to goods and services. By agreeing to the Terms you agree that you will not hold Nightly What’s Up App responsible for goods, services, websites, advertised, promoted or linked. You are advised to exercise caution in purchasing services.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Nightly What’s Up App to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Nightly What’s Up App for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Nightly What’s Up App, or other companies, organizations or individuals who partner with Nightly What’s Up App, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability.

Nightly What’s Up App will not be responsible or liable for any use of your Content by Nightly What’s Up App in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

3. Use License

  • Permission is GRANTED to use the Nightly What’s Up App on your mobile phone or internet device for the purpose of finding nightlife services including, eating, drinking, dancing and other evening entertainment.
  • Permission is GRANTED to establishments to place profiles and messaging posts with images and videos on Nightly What’s Up App for the express business of marketing, and encouraging users to attend the locations mentioned.
  • Permission is NOT GRANTED to users who are not establishment managers, vendors or owners to post messages. Messaging is for establishments only.
  • Only persons given full responsibility by an establishment may post on behalf of an establishment. Nightly What’s Up App is not responsible if a person claims to act on behalf of a business but does so under false pretenses.
  • Registration, membership and access does not imply ownership of any part of Nightly What’s Up App. Sole ownership of Nightly What’s Up App is held by Anthony Todd, CBB Web Development, Hospital Hill, English Harbour, Antigua and Barbuda, Eastern Caribbean.
  • This is the grant of a license, not a transfer of title, and under this license you may not:
    • Modify, scrape or copy the content and materials;
    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial) beyond the intended purposes in a, within the application;
    • attempt to decompile or reverse engineer any software contained on Nightly What’s Up App;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or “mirror” the materials on any other server.
  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nightly What’s Up App at any time.

4. Data Use

Nightly What’s Up App collects only the data provided by you in forms to list users or establishments for use online. The information does include phone number, email address and location particulars. Nightly What’s Up App agrees to safeguard data according to the international laws mandated.

Some information is collected from establishments which are necessary to run business services. Telephone numbers and email addresses of establishments are generally out in the public domain and Nightly What’s Up App may not be responsible for safeguarding information deemed of public interest for contact purposes.

Nightly What’s Up App does not sell, rent or share your data with anyone.

5. Disclaimer

6. Limitations

In no event shall Nightly What’s Up App or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Nightly What’s Up App Internet platform, even if Nightly What’s Up App or a Nightly What’s Up App authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Revisions and Errata

The materials appearing on Nightly What’s Up App apps and web site could include technical, typographical, or photographic errors. Nightly What’s Up App does not warrant that any of the materials on its web site are accurate, complete, or current.


Nightly What’s Up App may make changes to the materials contained on its web site at any time without notice. Nightly What’s Up App does not, however, make any commitment to update the materials.

8. Links

Nightly What’s Up App has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nightly What’s Up App of the site. Use of any such linked web site is at the user’s own risk.

9. Site Terms of Use Modifications

Nightly What’s Up App may revise these terms of use for its mobile application at any time without notice. By using this mobile application you are agreeing to be bound by the then current version of these Terms of Service.

10. Governing Law

Any claim relating to Nightly What’s Up App apps and web site shall be governed by the laws of the country of Antigua and Barbuda without regard to its conflict of law provisions.

All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in St. Johns, Antigua and Barbuda, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

11. Entire Agreement

The Nightly What’s Up App Terms of Service and the Nightly What’s Up App Privacy Policy are the entire and exclusive agreement between Nightly What’s Up App and you regarding the Services (excluding any services for which you have a separate agreement with Nightly What’s Up App that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Nightly What’s Up App and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at Nightly What’s Up App Terms of Service link in the menu. It is your responsibility to check Terms regularly. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Anthony Todd, CBB Web Development, Hospital Hill, English Harbour, Antigua and Barbuda, Eastern Caribbean. Contact team@appnightly.com.

Revised and Dated: 11th September, 2023