NITETLY TERMS AND CONDITIONS

Effective Date: November 10, 2026 Last Updated: November 10, 2026

1. Agreement to Terms

Welcome to Nitetly.

These Terms and Conditions ("Terms") govern your access to and use of Nitetly websites, mobile applications, booking platforms, and related services (collectively, the "Services").

Nitetly is a brand and digital experiences platform owned and operated by Avionara LLC ("Avionara", "we", "us", or "our"), a limited liability company organized under the laws of New Mexico, United States.

Avionara LLC operates Nitetly, including its website, mobile application, and integrated booking platform at VegasNightsOut.com. These services operate as part of the same business ecosystem under Avionara LLC.

Our business operates through an integrated platform ecosystem consisting of:

Nitetly: Our primary customer-facing brand and platform for discovering and booking hospitality, entertainment, travel, and lifestyle experiences.
VegasNightsOut.com: Our integrated booking and tour operations platform, also owned and operated under Avionara LLC, supporting reservations, tour bookings, payment checkout, and related booking services.

Both platforms operate under the same ownership and business operations of Avionara LLC. When you navigate from Nitetly to VegasNightsOut.com to complete a reservation, you remain within the same Avionara LLC-operated business ecosystem. This transition does not mean you are dealing with an unrelated booking company.

Payments are securely processed through Stripe, our third-party payment processing provider.

By accessing our Services, creating an account, submitting a booking request, or completing a reservation, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree with these Terms, you must discontinue using our Services.

2. Eligibility and Age Requirements

Nitetly is intended for individuals who are at least eighteen (18) years of age.

However, certain experiences, nightlife venues, tours, transportation services, and other activities may require participants to be twenty-one (21) years of age or older, or meet another minimum age requirement under applicable local laws or provider policies.

By making a reservation, you represent that:

You meet the minimum age requirement applicable to the selected service.
You have the legal capacity to enter into a binding agreement.
All information submitted during registration and booking is accurate and complete.
You will provide valid identification when required by a venue, accommodation provider, transportation operator, or other service provider.

Meeting Nitetly's general age requirement does not guarantee eligibility for every individual experience.

3. Description of Services

Nitetly provides access to hospitality, entertainment, travel, lifestyle, and concierge experiences.

Services available through our platforms may include:

Nightclub guestlists and VIP access requests.
Nightclub table reservations and bottle service.
Tours, excursions, and curated experiences.
Hotel reservations and accommodation arrangements.
Private transportation and chauffeur services.
Private aviation and jet charter inquiries.
Concierge coordination and customized travel arrangements.
Other hospitality and lifestyle experiences.

Services, availability, pricing, and booking conditions may vary depending on the destination, selected experience, and applicable provider.

3.1 Platform and Service Provider Roles

Nitetly provides the digital platform and booking experience through which customers discover, request, and arrange experiences.

Depending on the nature of the service, Avionara LLC may act as the platform operator, booking coordinator, intermediary, referral provider, or direct service provider.

Certain experiences are fulfilled by independent third-party venues, hotels, tour operators, transportation companies, aviation providers, and other service providers.

Where a service is supplied or fulfilled by an independent third-party provider, that provider remains responsible for its own operations, service delivery, admission decisions, safety requirements, and applicable service conditions.

Nitetly does not own, operate, or control every venue, hotel, vehicle, aircraft, or experience listed on its platforms.

3.2 Availability and Provider Policies

All reservations are subject to availability and, where applicable, confirmation by the relevant provider.

Third-party providers may establish their own:

Admission and age requirements.
Dress codes and conduct policies.
Reservation and minimum-spend requirements.
Operating hours and schedules.
Identification and security requirements.
Cancellation and refund conditions.

A booking request, inquiry, or submission does not necessarily constitute a confirmed reservation.

Your reservation is confirmed when the applicable confirmation has been issued through our booking system or otherwise communicated by us.

4. Booking Process and Confirmation

Customers may discover and initiate bookings through Nitetly and complete certain reservations through VegasNightsOut.com.

The booking process may include selecting an experience, providing guest information, choosing a date and time, reviewing applicable conditions, and completing payment.

By submitting a booking, you authorize us to use the information provided to coordinate and process your reservation.

You are responsible for ensuring that all booking details are accurate, including:

Customer name and contact information.
Reservation date and time.
Number of guests.
Selected experience or service.
Special requests and relevant eligibility information.

We reserve the right to contact you when additional information or clarification is required.

4.1 Booking Confirmations

Confirmation may be provided through email, SMS, or the applicable booking platform.

Customers should carefully review their confirmation details and contact us promptly if any information is incorrect.

Certain experiences may require additional confirmation, identification, deposits, or direct coordination before the service is finalized.

4.2 Booking Modifications

Requests to change a reservation are subject to availability and the applicable provider's policies.

We cannot guarantee that changes to confirmed reservations will be accepted.

Additional charges may apply where modifications result in changes to pricing, dates, guest numbers, or service requirements.

5. Pricing, Payments, and Payment Processing

5.1 Pricing

Prices and applicable fees are displayed during the booking process.

Depending on the service, the displayed price may include service fees, deposits, taxes, or other charges, or certain amounts may be payable separately.

Customers are responsible for reviewing the final booking price and any additional charges disclosed before completing their reservation.

Prices and availability may change before a reservation is confirmed.

5.2 Secure Payment Processing

Payments are securely processed through Stripe, our third-party payment processing provider.

By submitting payment information, you authorize the applicable transaction for the amount displayed during checkout.

Payment authorization, verification, processing, refunds, and related payment operations may be subject to Stripe's terms and policies.

We do not intend to store complete payment card numbers or security codes directly on Nitetly.

5.3 Booking Platform and Bank Statement Descriptor

Nitetly and VegasNightsOut.com operate under the same ownership and business operations of Avionara LLC.

Certain reservations initiated through Nitetly are completed through our integrated booking platform, VegasNightsOut.com.

Although your booking experience begins on Nitetly, your payment card or bank statement may display:

VEGASNIGHTSOUT.COM

This is the payment statement descriptor associated with our integrated booking operations. It does not indicate that your reservation was transferred to an unrelated business.

5.4 Payment Authorization and Failed Transactions

A reservation may require full payment, a deposit, or another payment arrangement as specified during checkout.

We reserve the right to decline, cancel, or suspend a booking where payment authorization fails, a transaction is suspected to be fraudulent, or payment requirements are not satisfied.

5.5 Taxes and Additional Charges

Applicable taxes, service charges, resort fees, deposits, minimum spends, gratuities, and other additional costs will be disclosed where applicable.

Certain third-party charges may be collected directly by the relevant service provider.

Customers are responsible for reviewing the payment conditions applicable to their selected experience.

6. Cancellations, Refunds, and Booking Changes

All cancellations, modifications, and refund requests are subject to the applicable Refund and Cancellation Policy presented during booking.

Different experiences may have different cancellation conditions depending on the service, provider, destination, and booking type.

Some reservations may be non-refundable, partially refundable, or subject to cancellation deadlines.

Where a third-party provider imposes its own cancellation or refund conditions, those conditions may apply to the relevant reservation.

6.1 Customer-Initiated Cancellations

Customers requesting cancellation must contact us using the contact information provided in these Terms.

Refund eligibility will be determined according to the applicable booking conditions and Refund Policy.

Failure to attend a confirmed reservation, arrive on time, or satisfy the applicable booking requirements may result in forfeiture of the amount paid.

6.2 Provider-Initiated Cancellations

If a provider cancels or materially changes a confirmed experience, we will make reasonable efforts to communicate the change and assist with available alternatives or applicable refund procedures.

Refunds will be handled in accordance with the applicable booking terms and relevant provider obligations.

6.3 Refund Processing

Approved refunds will generally be returned through the original payment method, subject to payment provider processing times and applicable banking procedures.

Any applicable non-refundable fees, third-party charges, or other deductions will be handled in accordance with the conditions disclosed during booking and applicable law.

Nothing in these Terms excludes any refund or consumer rights that cannot legally be excluded.

7. Customer Responsibilities and Conduct

By using Nitetly and its Services, you agree to:

Provide accurate and truthful booking information.
Comply with applicable laws and regulations.
Respect venue policies, dress codes, and service provider requirements.
Follow all reasonable instructions provided by venues, operators, and service personnel.
Treat staff, providers, and other guests respectfully.
Avoid disruptive, abusive, threatening, or unlawful conduct.
Ensure that members of your party comply with applicable requirements.
Arrive at the scheduled location at the designated time.
Pay any additional charges that you have agreed to or that are properly applicable under your booking conditions.

You are responsible for ensuring that all members of your party are aware of and comply with the applicable requirements.

Failure to comply may result in denied entry, removal, cancellation, or termination of the relevant service without refund where permitted by the applicable booking conditions and law.

8. Third-Party Providers and Experiences

Certain experiences available through Nitetly are provided, operated, or fulfilled by independent third-party businesses.

These may include nightclubs, hotels, tour operators, transportation companies, restaurants, entertainment venues, and aviation providers.

While we make reasonable efforts to coordinate bookings and communicate relevant information, we do not control every aspect of third-party operations.

Third-party providers remain responsible for their own services, personnel, facilities, safety procedures, and operational decisions.

8.1 Admission and Access

A reservation, guestlist submission, or table booking does not automatically guarantee admission where final entry remains subject to venue approval or applicable entry requirements.

Venues may refuse admission or remove guests for reasons including:

Failure to meet minimum age requirements.
Invalid identification.
Dress code violations.
Intoxication or inappropriate conduct.
Security concerns.
Breach of venue rules.
Other lawful operational or safety considerations.

Where admission is refused due to a customer's failure to satisfy applicable requirements, refunds are not guaranteed and will be determined by the relevant booking conditions.

8.2 Third-Party Service Quality

We are not responsible for the independent acts or omissions of third-party providers to the extent permitted by applicable law.

However, this does not exclude responsibilities that Avionara LLC may have for its own services, representations, or obligations under applicable law.

9. Transportation and Safety Conditions

Certain transportation services arranged through Nitetly may be subject to additional service-specific terms.

Where applicable, customers and passengers must:

Follow all instructions issued by the driver or transportation operator.
Wear seat belts where provided and required.
Remain seated while the vehicle is moving.
Comply with vehicle capacity and safety requirements.
Avoid smoking where prohibited.
Refrain from damaging or misusing vehicles or equipment.
Avoid standing through roof hatches or extending body parts outside moving vehicles.
Refrain from illegal drug use and unlawful activities.

Customers may be held financially responsible for damage caused by themselves or members of their party, subject to applicable law and the relevant transportation agreement.

Additional charges for excessive cleaning, damage, smoking, missing equipment, or other violations may apply where properly disclosed in the applicable service-specific terms.

Transportation bookings may also be subject to separate rules regarding deposits, cancellation deadlines, overtime, waiting periods, traffic delays, and service interruptions.

Where separate transportation terms are provided, those terms form part of the applicable transportation booking agreement.

10. Changes, Delays, and Unforeseen Circumstances

Experiences and services may be affected by circumstances outside our reasonable control, including:

Severe weather conditions.
Traffic congestion and road closures.
Flight delays or cancellations.
Venue closures or operational changes.
Government restrictions.
Natural disasters.
Security incidents.
Labor disruptions.
Other unforeseen circumstances.

We will make reasonable efforts to communicate material changes affecting confirmed reservations.

We do not guarantee that every service will operate exactly as originally scheduled where circumstances outside our reasonable control prevent this.

Any applicable rescheduling, cancellation, or refund arrangements will be handled under the relevant booking conditions and applicable law.

11. Intellectual Property and Platform Use

All content made available through Nitetly, including logos, branding, graphics, text, website design, software, images, and other materials, is owned by or licensed to Avionara LLC or its applicable licensors.

You may not:

Copy, reproduce, or distribute platform content without authorization.
Use Nitetly branding or intellectual property without written permission.
Reverse engineer or attempt to extract source code from our platforms.
Interfere with platform security or functionality.
Use automated systems to scrape, extract, or misuse platform information.
Use our platforms for unlawful, fraudulent, or unauthorized commercial purposes.

All rights not expressly granted are reserved.

12. Account Security and Platform Availability

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activities conducted through your account.

You must notify us promptly if you suspect unauthorized access or misuse of your account.

We reserve the right to suspend or restrict accounts where we reasonably believe that these Terms have been violated, fraudulent activity has occurred, or platform security is at risk.

We aim to maintain reliable access to Nitetly but do not guarantee uninterrupted or error-free operation.

We may modify, suspend, or discontinue certain platform features, services, or functionalities when reasonably necessary for maintenance, security, operational, or business reasons.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Avionara LLC shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the platform or services.

To the extent permitted by law, Avionara LLC shall not be responsible for:

Decisions by independent venues to deny admission or remove guests.
Changes to availability, pricing, schedules, or policies by independent providers.
Acts or omissions of independent third-party service providers.
Delays resulting from circumstances outside our reasonable control.
Loss of personal property occurring at third-party venues or during independently operated services.
Losses arising from inaccurate information provided by customers.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where such exclusion is prohibited, or any liability that cannot legally be excluded or limited.

Nothing in this section affects your mandatory statutory consumer rights.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Avionara LLC, its owners, affiliates, employees, and representatives against reasonable claims, liabilities, damages, losses, and expenses arising directly from:

Your violation of these Terms.
Your unlawful conduct or misuse of the platform.
Damage caused by you or members of your party to third-party property.
Your infringement of another person's rights.
Your material misrepresentation or fraudulent activity.

This obligation does not apply to the extent a claim results from the negligence, misconduct, or breach of legal obligations by Avionara LLC or another party for whom it is legally responsible.

15. Privacy and Personal Information

Your use of Nitetly is also subject to our Privacy Policy, which explains how we collect, use, store, and protect personal information.

Our Privacy Policy applies to Nitetly and the integrated VegasNightsOut.com booking platform.

By using our Services, you acknowledge that your personal information may be processed as described in our Privacy Policy and as necessary to fulfill your reservations.

Privacy Policy: https://nitetly.com/privacy-policy

16. Electronic Communications

By using our Services, you agree that we may communicate with you electronically regarding your account, reservations, payments, customer support, and other service-related matters.

Communications may be delivered through email, SMS, platform notifications, or other contact details you provide.

Electronic communications and records may satisfy applicable legal requirements for written communications and notices, where permitted by law.

Promotional communications are subject to applicable consent and opt-out requirements.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, and applicable federal laws of the United States, without regard to conflict-of-law principles.

Subject to mandatory consumer protection laws and any applicable jurisdictional requirements, disputes arising from these Terms or your use of our Services shall be submitted to the competent courts located in New Mexico, United States.

Nothing in this section limits any mandatory rights or protections available to consumers under the laws of their country or place of residence where such rights cannot legally be waived.

18. Modifications to These Terms

We reserve the right to update or modify these Terms from time to time to reflect changes in our business operations, services, platform functionality, or applicable legal requirements.

The latest version will be published on Nitetly with an updated Last Updated date.

Where required by applicable law, we will provide additional notice or obtain consent before implementing material changes.

Your continued use of our Services following the effective date of updated Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

19. Severability and Entire Agreement

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by law.

These Terms, together with our Privacy Policy, applicable Refund and Cancellation Policy, and any service-specific booking conditions presented during checkout, constitute the agreement governing your use of Nitetly and the relevant Services.

Where specific booking conditions conflict with these general Terms, the specific conditions applicable to the relevant service will govern that particular booking to the extent of the conflict, subject to mandatory applicable law.

20. Contact Information

For questions, assistance, or inquiries regarding these Terms and Conditions, please contact:

Avionara LLC Legal owner and operator of Nitetly and VegasNightsOut.com

Primary Platform: https://nitetly.com Integrated Booking Platform: https://vegasnightsout.com Email: hello@nitetly.com Phone: +1 (702) 718-0754

All inquiries concerning Nitetly and VegasNightsOut.com are handled by Avionara LLC.