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Terms and Conditions

Last modified: August 01, 2017

Legal information

  • The present terms of use (the “Terms of Use”) govern the relationship between any user (the “User(s)” or “you”) of the NIGHTLER mobile application and the web services and websites related to it (the “Product” or the “Platform” or the “App”) and company Depixit Sàrl, a limited liability company having a corporate capital of EUR 12.500,-, established and incorporated under Luxembourg laws, having its registered office at 29, rue de Vianden L-2680 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B203817, holder of a business authorization delivered by the Luxembourg Ministry of Economy under Number 10065839/0.

The NIGHTLER department of DEPIXIT Sàrl (“DEPIXIT”) may be contacted at the following address:

Depixit S.à r.l.
c.o. Nightler
29, rue de Vianden
L-2680 Luxembourg


  • Scope
  • The Platform is owned by DEPIXIT Sàrl and operated by its NIGHTLER department. In the following, DEPIXIT Sàrl will be referenced as “NIGHTLER” to describe terms related to the NIGHTLER Platform.
  • The Terms of Use apply to any User of the Platform (Content Suppliers, Contributors and every other Users).
  • By accessing or using the Platform, either from a computer or from a mobile device, you agree to these Terms of Use. Read carefully the Terms of Use before using the Platform. If you do not agree to these Terms of Use, you should not access or use the Platform. Additional terms may apply to certain services provided by NIGHTLER.
  • NIGHTLER may amend these Terms of Use at any time and without notice. NIGHTLER encourages you to review these Terms of Use whenever you visit the Platform. If there are material changes to the Terms of Use or in how NIGHTLER will use your personal data, NIGHTLER will notify Users. Your continued access or use of the Platform after any such changes are published will constitute your acceptance of these changes.
  • These Terms of Use constitute the whole agreement between NIGHTLER and the User (together the “Parties”).


Access to the Platform

The Platform is accessible to anyone who owns a smartphone running iOS, android or Windows Phone. All costs relating to the access and use of the Platform, whether costs for hardware, software or Internet access, shall be borne exclusively by the Users.

Users are responsible for the proper functioning of their hardware, Internet access and GPS service.

Some sections of the Platform may be reserved to Users who have previously created an account under the conditions set out below and are duly identified with their user name and password.

NIGHTLER reserves the right to refuse access to the Platform, unilaterally and without prior notice, to any User not respecting the Terms of Use.

NIGHTLER shall not be held liable for the use of any software or hardware selected by the User.


Creation of an account and login credentials

Creation of an account

Account creation is only possible using a FACEBOOK ( owned by Facebook Inc.) account. During this process, NIGHTLER will receive information from your FACEBOOK profile and ask you which information you want to provide.

When creating their account, Users expressly undertake not to use false information or use a so-called "Fake account" or "Fake-Profile".

Users may disable their account by clicking on the “Disable my account” button in the User's setting section in the mobile App. Disabling an account does not remove this Account's data from the Platform's servers, but only renders the disabled Account's content invisible to other users.


Use of the Platform

Users may not interfere with the security of, or otherwise abuse, the Product or any system resources, services or networks connected to or accessible through the Platform.

The manipulation of the User's GPS position (by f.e. using additional GPS manipulation software on your phone) is strictly prohibited and may result in a permanent ban from the Platform.

Users may only use the Platform for lawful purposes. Users are also prohibited from using the Platform to defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others.

The Platform uses GPS features, allowing it to track the User's position. By using the Platform, Users understand, that they can switch these services off either directly on their phone, or personalized in their NIGHTLER account settings. NIGHTLER never saves, nor shares GPS position data. GPS data is only shared with the User's own device to improve his experience with the Platform.

Users oblige not to abuse the Checkin function of the App, to collect checkins on places where they are not physically present. NIGHTLER reserves the right to ban a User's account, if he violates this condition on purpose, e.g. to increase his chances of winning special giveaways in relation to the Platform's functionalities.

A User's checkin can not be considered as physically accurate, and does not guarantee, that the Person (User) is physically present at the position of his checkin. NIGHTLER can not be held responsible for any events in relation to NIGHTLER checkins.


Specific provisions for the use of Nightler Coupons

NIGHTLER Coupons can be used as a trade for a real-life product or service. The Coupon must be validated with a respective staff member, while it is still valid. They can only be validated once by clicking on the blue "Validate" Button displayed in the center of a Coupon. Already validated coupons are considered "invalid", and can not be restored.
Users may not use the NIGHTLER Coupon function in an abusive way to profit from free gifts at specific Locations or Events. Doing so may result in a ban from the platform and/or legal prosecution and consequences.

NIGHTLER takes no responsibility if a Location or Event decides to decline a Coupon.
Additionaly NIGHTLER reserves the right to withdraw, validate or otherwise remove a User's or a Location's active Coupons without prior notice.

NIGHTLER gives Location owners the possibility to target specific users with Coupons. In order to do so, NIGHTLER will use the Checkin-data from the app and eventually share it with Location owners to determine who receives such a Coupon.


Specific provisions for Contributors

Withdrawing of Uploaded content from the Platform

NIGHTLER reserves the discretionary right to withdraw immediately from the Platform, without prior notice and justification, any Uploaded content in breach of the conditions set out in the present Terms of Use.

NIGHTLER can not be held liable if the Uploaded content is found to be in breach with the present Terms of Use.


Specific provision for Content Suppliers

Uploaded content

To be displayed on the Platform, Uploaded content must not (i) infringe the rights of third parties, including the right to privacy and data protection, image rights and intellectual property rights, or (ii) promote, support, strengthen or incite the commission of illegal activities or contrary to public order and morality.

Images must particularly not be posted or shared on the Platform if they violate intellectual property, contain child pornography or violate any other law. Additionally the Supplier must not upload pornographic content or content displaying brutality, violence or gore.

When posting impressions, Users oblige to post pictures and text messages in relation to the location where they are actually checked in.

NIGHTLER reserves the discretion to assess whether these conditions are met and therefore the right to accept or reject and remove the uploaded content without having to justify its decision, according to its own assessment of these criteria. NIGHTLER also reserves the right to ban a User's Account if he violates the terms mentioned above.

Intellectual Property

The Supplier is responsible for any content he/she uploaded on the Platform and agrees to obtain all necessary rights and authorizations, particularly in terms of image rights and intellectual property rights, whatever it may be, allowing him/her to upload that content on the Platform.

If NIGHTLER becomes the subject of any dispute or extra-litigation claim, administrative, civil or criminal action, due to a third party alleging a violation of his/her rights or having suffered a damage as a result of the contents published by the Supplier on the Platform, the Supplier agrees to hold harmless and indemnify DEPIXIT/NIGHTLER for any consequences, direct or indirect, financial or another which may result from such dispute, claim or action, at first request from NIGHTLER.

The Supplier grants NIGHTLER for free, throughout the world and for the duration of the Parties’ relationship, all the intellectual property rights required to enable NIGHTLER to disseminate the Uploaded content on the Website, and agrees not to contest the use of the Uploaded content by NIGHTLER.

The Supplier also agrees to authorize the Users to use the Uploaded contents for personal use only. Users/Contributors shall refrain to make any unlawful, commercial, or promotional use of the Uploaded contents.


Notice and procedure for reporting Users or Uploaded contents

NIGHTLER respects other people rights, and in particular intellectual property rights of others, and expects Users to do the same. However, NIGHTLER assumes no liability regarding the Uploaded content or any content posted online by the Users.

NIGHTLER can remove any content or information posted on the Platform by Users if NIGHTLER believe that it violates the Terms of Use.

NIGHTLER also provides Users with tools to help them to protect their intellectual property rights or themselves.

If you believe that a User (i) is using your work without your permission in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, or (ii) is harassing you or spamming, or (iii) if you notice that a User is not a real person or that an account is a fake, you may wish to submit a report by contacting NIGHTLER.

If you wish to have content removed, you can contact NIGHTLER at:

Depixit S.à r.l.
29, rue de Vianden
L-2680 Luxembourg

If you do so, you must include the following information in your claim:

  • Your contact information (full name, mailing address, email address and phone number),
  • A description of the content that you want to report,
  • A description of the copyrighted work or other intellectual property that you claim has been infringed. Regarding trademarks infringement, please provide NIGHTLER with a copy of the trademark registration certificate,
  • A declaration that your claim is accurate, and, regarding Intellectual property infringement, that (i) you believe in good faith that the use of the content described above is not authorized by the IP rights owner, its agent or the law, and that you are duly authorized to act on behalf of the owner of the IP rights that is allegedly infringed,
  • Your electronic signature or physical signature.

If you repeatedly infringe other people’s intellectual property rights without proof, NIGHTLER reserves the right to disable your account.

If NIGHTLER disables your account, you will not be able to create another one with the same Facebook Account without NIGHTLER’s prior authorization.


Intellectual Property

All elements of the Website, including its structure, its graphics, its source or object code and its content (including, but not limited to, texts, graphics, images, photographs, videos, information, logos, icons, buttons, software, audio and other files, databases) are the property of DEPIXIT and may be protected by intellectual property laws, and notably by copyright and trademark laws.

NIGHTLER allows the User to access and use the Platform and its contents exclusively for personal purposes. Any professional or commercial use of these elements is strictly prohibited. Users may not create derivative works from or otherwise exploit the elements of the Platform in any way.

NIGHTLER reserves all rights on the Platform. Access to and use of the Platform cannot be considered as an assignment or a license agreement. Consequently, Users are prohibited from using the Platform for purposes other than those mentioned above, including reproducing or publicly displaying, modifying, performing extraction or decompilation of all or part of the Platform, including in particular its structure, its graphics, its object code or source and its content (including texts, graphics, images, video, information, logos, icons, buttons, software, audio and other files, databases), without the prior and written express consent of NIGHTLER.

Users may not use metatags or any other hidden text containing the word “NIGHTLER” or any other name, trademark, or product or service name of NIGHTLER, without NIGHTLER’s prior written permission.

Any non-authorized use of the Website, in whole or in part, or of any of its components, including NIGHTLER trademark(s), by any process whatsoever, constitutes an infringement punishable by law.


Functioning, modification, suspension or interruption of the Platform

NIGHTLER reserves the right, at any time, without the need to give prior notice to the Users, to interrupt temporarily the access to all or part of the Platform for technical reasons, updating of the present Terms of Use or compliance of the Website with any legal or regulatory provisions.
NIGHTLER cannot be held liable for malfunctions or failures of the network or servers or other technical malfunction beyond its reasonable control that prevent or alter access to all or part of the Platform, nor in the case of a force majeure event, as defined below.
NIGHTLER can also not be held liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact the User use of its computer equipment, or other property, which may result from User access or use to the Platform.
The User's attention is drawn to Internet limitations and constraints and to the fact that NIGHTLER cannot therefore guarantee the total security of data exchanges. The User is expected to take all necessary measures to protect him/herself against unauthorized intrusions within his/her information system, notably by securing his/her Internet connection by a password and a security code or by using appropriate anti-virus software.
Furthermore, the User is informed that functioning of the Platform and response times may vary according to his/her system of connection parameters and his/her Internet access service network. NIGHTLER assumes no responsibility in that regard.
Consequently, NIGHTLER can in no case be held liable, directly or indirectly, due to any malfunction of the Platform, and notably in the case of loss of data saved by the User on his/her personal account or of a damage caused to the hardware or software used by the User to access or use the Website, caused by:

  • one or more technical features inherent to Internet, or
  • the computer hardware or software used by the User, or
  • a misuse of the Platform by the User.

Users assume all responsibility and risk for use of the Platform and of its elements, including without limitation the information and content contained herein.


Currency of the Platform

NIGHTLER updates the information on the Website and Platform regularly. However, NIGHTLER cannot guarantee the accuracy, currency or completeness of all the information on the Platform and Website.


Force majeure

All events of force majeure, as defined by the applicable regulations and case law, constitute a cause for suspension or termination of NIGHTLER’s obligations. NIGHTLER shall have no liability toward the User if it is prevented from or delayed in performing its obligations under these Terms of Use or from carrying on its business if a force majeure event occurs.



  • NIGHTLER’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.



If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.


Hypertext links

The Platform may contain links or references to websites, including social networks, belonging to third parties. The inclusion of these links does not imply that NIGHTLER endorses these websites. NIGHTLER does not accept any responsibility for the content of these websites.
Users can make on their personal website, if any, a direct link to the home page of the Website, provided that such personal website, in whole or in part, complies with the law, the public order and morality, and is not likely to prejudice the reputation of NIGHTLER.
The inclusion of such a link on the above conditions may in no way be interpreted as an implicit affiliation agreement or as involving a contract between NIGHTLER and the owner of a third party website.
Framing and In-line linking are strictly prohibited.
In any case, any link made to the Website must be removed if requested by NIGHTLER.
Any hypertext link to the Website requires the prior written express consent of NIGHTLER.



Computer data generated as a result of access to and use of the Platform (the "Connection Data") may be stored and archived within the limits prescribed by law, by NIGHTLER within its computer system, in conditions that ensure the integrity of such data.
Electronic transmission of Connection Data through the Platform is considered by the Parties as evidence of the existence, content, origin, sending, integrity, date and hour, and receiving of the Connection Data; it being agreed that the sending and receipt are deemed to occur at the same time.
Connection data are considered by the Parties as proof of communications between them.
Connection data constitutes documentary evidence within the meaning of Article 1341 of the Luxembourg Civil Code and has the same probative value as a document created, received or kept in writing on paper.
Therefore, Connection Data may be validly produced as evidence by NIGHTLER and be opposed to the User in connection with any claim or action with the same value as any document created, received or kept in writing on paper, which the User expressly acknowledges.
The User agrees not to contest the admissibility, enforceability or probative value of the Connection Data purely because of their electronic nature. Users may access their Connection Data on request addressed to NIGHTLER by mail or email.


Governing law and jurisdiction

The Terms of Use are governed by, and construed in accordance with, the law of Luxembourg.
The Parties irrevocably agree the exclusive jurisdiction of the Courts of Luxembourg-City to settle any dispute or claim that arises out of or in connection with the validity, interpretation and enforcement of the Terms of Use or the access and/or use of the Website.