After Midnight

The following Terms of Service (“Terms”) govern your access to and use of our website (aftermidnight.bg) and mobile application (jointly the "Platform"). By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1 Overview of Services

1.1 The Platform provides users with up-to-date information on club and bar events across Bulgaria, including details on venues, schedules, and special events.

1.2 In addition to event listings, we offer a premium monthly subscription package (the "Subscription") that grants members exclusive bonuses. These benefits may include, but are not limited to:

Free entry to participating clubs and bars.
Complimentary drinks or special discounts on beverages.
Priority access to exclusive events.
Other promotional offers provided by our partner venues.

1.3 The availability of bonuses and benefits is subject to the terms set by participating venues and may vary based on location, time, and other factors.

1.4 We act solely as an intermediary between users and venues, and we do not own, manage, or control any of the clubs or bars listed on our Platform.

2 Acceptance of Terms

2.1 By using our Platform, whether as a visitor or a subscriber, you acknowledge and agree to comply with these Terms.

2.2 If you do not agree to these Terms, you must immediately discontinue use of the Platform.

2.3 We reserve the right to modify or update these Terms at any time. Continued use of the Platform after changes have been made constitutes acceptance of the revised Terms. We encourage users to review this document periodically.

3 Eligibility

3.1 You must be at least 18 years old to use our Platform.

3.2 By using our services, you confirm that you meet the legal drinking age requirements in your country of residence. If you are under the legal drinking age, you are strictly prohibited from using our services.

3.3 The Platform and its services are intended for personal use only. Businesses, organisations, or other entities may not use the Platform for commercial purposes without obtaining prior written consent from us.

3.4 We reserve the right to request proof of age and to suspend or terminate accounts of users who do not meet the eligibility requirements.

4 Services

4.1 Our Platform provides users with comprehensive listings of club and bar events in Sofia, Bulgaria, including events, event dates, times, venues, cover charges, music genres, venue category and special promotions. Users can browse events by date, venue, music genre, or venue category. Through their accounts, users can browse events and venues, save favourite venues/events, receive notifications regarding those events/venues (or general app/company information) and access subscription benefits. The accuracy of event information is based on data provided by venue partners and is subject to change without notice.

4.2 We offer a monthly subscription service (the "Subscription") that provides members with exclusive benefits at participating venues. Subscription benefits may include:

a) Free entry to participating clubs and bars on specified nights
b) Complimentary drinks at select venues
c) Discounts on beverage purchases
d) Priority access to special events and promotions
e) Other selected benefits.

Subscription benefits are subject to venue-specific terms, including but not limited to capacity limitations, dress code requirements, and operating hours. The specific benefits available to subscribers are displayed on our Platform and may vary based on season, dates, venue availability, promotional periods and other venue-related factors. Each venue partner determines the specific benefits available as part of the Subscription plan. Subscribers must present valid identification and digital proof of active subscription through our Platform to redeem benefits.

4.3 We do not own or operate any of the clubs or bars listed on our Platform. We are not responsible for the services, quality, safety, or entry requirements of any venue listed on our Platform. We do not guarantee entry to any venue, as all venues reserve the right to refuse entry at their discretion. We are not liable for any changes to event details, cancellations, or modifications to venue offerings. While we strive to provide accurate and up-to-date information, we cannot guarantee the completeness or accuracy of all event listings.

5 Subscription & Payments

5.1 Users may purchase a Subscription through our Platform using our authorised payment methods. The current Subscription fee is clearly displayed on the Platform prior to purchase. Subscription plans are offered on a monthly basis with automatic renewal unless cancelled. Users may be offered promotional or discounted rates for initial subscription periods, which will convert to standard rates upon expiration of the promotional period. Special promotional offers may be available for students, groups, or during specific marketing campaigns.

5.2 Subscription fees are billed monthly in advance on the calendar day corresponding to the commencement of your subscription. Payment can be made using credit cards, debit cards, or other payment methods specifically authorized on our Platform. Users are responsible for ensuring their payment information is current and valid. Failed payments may result in immediate suspension of Subscription benefits until payment issues are resolved. All payments are processed through secure third-party payment processors in compliance with industry standards. Subscription fees are non-refundable except as required by applicable Bulgarian or EU law.

5.3 Users may cancel their Subscription at any time through their account settings on the Platform. Cancellation will take effect at the end of the current billing period. No partial refunds will be provided for unused portions of a billing period. We reserve the right to change the Subscription price, structure, or benefits at any time with reasonable notice. Existing subscribers will be notified via email at least 14 days in advance of any material changes to Subscription terms. Continued use of the Subscription after such changes constitutes acceptance of the new terms.

5.4 All Subscription fees are inclusive of applicable taxes unless otherwise stated. All payments must be made in Bulgarian Lev (BGN) or Euro (EUR) as specified on the Platform. Users are responsible for any currency conversion fees imposed by their payment provider.

6 User Conduct

6.1 General Responsibilities

By using our Platform, you agree to conduct yourself in a responsible and lawful manner. You must not engage in any activity that violates these Terms, applicable laws, or the rights of others.

6.2 Prohibited Activities

Users must not misuse the Platform, including but not limited to:

Providing false or misleading information – Submitting inaccurate personal details, falsifying age or identity, or creating multiple accounts to circumvent restrictions.
Unauthorised sharing or transfer of benefits – Subscription benefits are for personal use only and may not be sold, transferred, or shared with non-subscribers.
Fraudulent or deceptive practices – Engaging in chargeback fraud, payment disputes without valid cause, or any deceptive behaviour that exploits the Platform or its services.
Abuse of the Platform – Attempting to hack, disrupt, or interfere with the proper functioning of the Platform, including introducing malware, scraping content, or engaging in unauthorised automation.
Harassment or abusive behaviour – Using the Platform to harass, threaten, or harm other users, venue staff, or our support team.
Violation of venue rules – Engaging in disorderly conduct at participating venues, failing to adhere to venue-specific dress codes, entry requirements, or other policies.
Impersonation or unauthorised access – Pretending to be another individual or entity, using another person's account without permission, or attempting to access restricted areas of the Platform.
Infringement of intellectual property – Uploading, distributing, or otherwise using content that violates copyrights, trademarks, or other proprietary rights without authorisation.

6.3 Consequences of Violations

We reserve the right to take appropriate action in response to violations of these Terms, which may include:

Issuing warnings or temporary account suspensions.
Revoking Subscription benefits without a refund.
Permanently terminating accounts of repeat offenders.
Reporting violations to law enforcement or other relevant authorities when necessary.

6.4 Reporting Misconduct

If you encounter any misuse of the Platform or suspect another user of violating these Terms, please contact us immediately (see Contact Us below).

7 Participating Venues

7.1 Venue Participation and Availability

Participating venues are independent establishments that have agreed to offer exclusive benefits to subscribers under our subscription program. The availability of bonuses and offers is subject to the individual terms and conditions set by each venue and may vary based on:

Venue-specific policies, including entry requirements, dress codes, and age restrictions.
Capacity limitations, special events, or private bookings that may affect access.
Seasonal changes, promotional periods, or other factors determined by the venue.

While we strive to keep venue listings and benefits updated on our Platform, we cannot guarantee the availability of specific offers at all times.

7.2 Venue Rights and Limitations

All participating venues retain full control over their operations and policies. As such:

Right to refuse entry – Venues have the sole discretion to deny entry based on their internal policies, capacity limits, safety regulations, or other legal requirements.
Right to modify or withdraw offers – Venues may change, suspend, or discontinue any benefits (such as free entry, complimentary drinks, or discounts) without prior notice. Any changes will be reflected on our Platform as soon as possible.
Compliance with venue rules – Users must comply with all venue-specific guidelines, including behavioural expectations, security screenings, and any additional terms imposed by the venue.

7.3 Limitations of Liability

We act solely as an intermediary between users and participating venues and do not own, manage, or operate any of the listed venues. Therefore:

We are not responsible for the quality, safety, service, or overall experience provided by any venue.
We do not guarantee that all listed venues will honour Subscription benefits at all times, particularly in cases of unexpected venue closures, private events, or other operational disruptions.
We are not liable for any disputes, incidents, injuries, damages, or losses arising from interactions between users and venues. Any issues related to a venue's service, policies, or refusal of benefits should be addressed directly with the venue.

7.4 Reporting Venue Issues

If a subscriber experiences difficulties redeeming benefits at a participating venue, they should:

Speak with the venue's management to clarify the issue.
If the issue remains unresolved, contact our support team (see Contact Us below) with details of the incident, including the venue name, date, and nature of the issue.

We will make reasonable efforts to address concerns with the venue, but we cannot guarantee compensation or resolution beyond what is outlined in these Terms.

8 Disclaimer of Liability

8.1 General Disclaimer

The use of our Platform, including browsing event listings, subscribing to our services, and redeeming benefits at participating venues, is at your own risk. While we strive to provide accurate and up-to-date information, we do not guarantee the completeness, accuracy, reliability, or availability of any content on the Platform.

8.2 Event Listings and Venue Information

Event details, schedules, venue policies, entry fees, promotions, and other information displayed on our Platform are based on data provided by third-party venue partners. These details are subject to change without notice, and we are not responsible for any inaccuracies, last-minute cancellations, or modifications.
We do not verify or endorse any specific events, venues, or promotions listed on the Platform. Users are encouraged to contact venues directly for the most accurate and up-to-date information.

8.3 Third-Party Services and Venue Interactions

Our Platform acts solely as an intermediary between users and participating venues. We do not own, operate, or manage any of the clubs, bars, or event spaces listed on our Platform. We are not responsible for any experiences, interactions, or disputes that occur between users and venues, including but not limited to:
- Denial of entry due to venue policies, capacity limits, security concerns, or dress code violations.
- Service issues such as delays, dissatisfaction with offerings, or disputes regarding subscription benefits.
- Safety concerns including but not limited to injuries, theft, lost items, or incidents occurring at a venue.
- Changes to benefits or promotions that may occur at the discretion of participating venues.

8.4 No Guarantees or Warranties

To the fullest extent permitted by law, we provide our Platform and services "as is" and "as available" without warranties of any kind, whether express or implied. This includes, but is not limited to:

No guarantees that the Platform will be uninterrupted, error-free, or free from viruses or harmful components.
No warranties regarding the quality, safety, legality, or suitability of any venue, event, or service accessed through the Platform.
No responsibility for the actions, omissions, or decisions made by participating venues, including changes to benefits, pricing, or entry requirements.

8.5 Limitation of Liability

To the maximum extent permitted by applicable Bulgarian and EU law:

We shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Platform, including loss of data, revenue, business opportunities, or personal injury.
In no event shall our total liability, whether in contract, tort (including negligence), or otherwise, exceed the total amount paid by you for Subscription services in the preceding three (3) months.
Users acknowledge that venue experiences are beyond our control, and any legal claims related to venue incidents must be directed toward the respective venue.

8.6 Indemnification

By using our Platform, you agree to indemnify and hold us harmless from any claims, damages, liabilities, losses, or expenses (including legal fees) arising from:

Your violation of these Terms or applicable laws.
Your misuse of the Platform or unauthorized use of Subscription benefits.
Any claims brought by a venue or third party due to your actions at a participating venue.

8.7 Force Majeure

We shall not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, technical failures, cyberattacks, or governmental actions.

9 Termination

9.1 Termination by the User

You may cancel your Subscription and terminate your account at any time through your account settings on the Platform.
Subscription cancellations will take effect at the end of the current billing cycle. You will continue to have access to Subscription benefits until the end of the billing period, but no refunds or prorated credits will be issued for unused time unless required by applicable law.
If you wish to delete your account permanently, you must submit a request to our support team (see Contact Us below). Account deletion is irreversible, and any saved preferences, event history, or Subscription benefits will be lost.

9.2 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to the Platform, including Subscription benefits, at our sole discretion, with or without prior notice, for reasons including but not limited to:

Violation of these Terms – Engaging in prohibited activities, such as fraud, misuse of Subscription benefits, or other breaches of the Terms.
Non-payment – Failure to process Subscription payments due to expired payment methods, insufficient funds, or disputed charges.
Suspicious or fraudulent activity – Attempting to manipulate, exploit, or abuse our services, payment system, or promotional offers.
Providing false information – Registering with inaccurate details, using fake identities, or impersonating another individual.
Legal or regulatory requirements – Compliance with law enforcement requests, court orders, or changes in applicable regulations.

In cases of minor violations, we may issue a warning before termination. However, severe or repeated breaches may result in immediate termination without a refund.

9.3 Effect of Termination

If your account is terminated, you will lose access to the Platform and any active Subscription benefits. You will not be eligible for a refund unless required by applicable law.
Any outstanding obligations or liabilities under these Terms (such as indemnification or legal disputes) will survive termination.
We may retain certain account data for legal, security, or operational purposes, as outlined in our Privacy Policy.

9.4 Reinstatement and Appeals

If your account was terminated due to a misunderstanding or incorrect enforcement of these Terms, you may appeal the decision by contacting our support team (see Contact Us below)
We will review appeals on a case-by-case basis, but reinstatement is not guaranteed.

9.5 Discontinuation of Services

We reserve the right to modify, suspend, or discontinue the Platform or Subscription services at any time. If we permanently discontinue our services, active subscribers will receive notice and may be eligible for a prorated refund based on unused Subscription time.

10 Changes to Terms

10.1 Right to Modify Terms

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. Changes may be necessary to reflect updates to our services, comply with legal and regulatory requirements, or address operational needs.

10.2 Notification of Changes

Any material changes to these Terms will be communicated to users via one or more of the following methods:
- A notification displayed on the Platform.
- An email sent to the address associated with your account.
- A direct message through the Platform.
The Last Updated date at the top of this document will reflect the latest revision.
We encourage users to review these Terms periodically to stay informed of any changes.

10.3 Acceptance of Changes

Continued use of the Platform after the effective date of updated Terms constitutes your acceptance of the changes.
If you do not agree with the revised Terms, you must discontinue use of the Platform and, if applicable, cancel your Subscription before the changes take effect.

In cases where changes significantly impact Subscription pricing, benefits, or key user rights, existing subscribers will receive at least 14 days' notice before the changes take effect.

10.4 Minor and Material Changes

Minor updates (e.g., clarifications, corrections, administrative adjustments) may be implemented immediately without prior notice.
Material changes (e.g., modifications to Subscription terms, pricing, or user rights) will include advance notice and may require user acknowledgment.

10.5 Disputes Related to Changes

If you believe a change to these Terms unfairly impacts your rights, you may contact us (see Contact Us below) to discuss your concerns.
In cases of dispute, the version of the Terms in effect at the time of the dispute will govern.

11 Governing Law

11.1 Applicable Law

These Terms, as well as your use of the Platform and any related services, shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.

11.2 Jurisdiction

Any disputes, claims, or legal proceedings arising out of or related to these Terms, the Platform, or our services shall be subject to the exclusive jurisdiction of the courts of Sofia, Bulgaria.
By using the Platform, you expressly agree to submit to the jurisdiction of these courts and waive any objections regarding venue or inconvenient forum.

11.3 Dispute Resolution

We encourage users to first attempt to resolve disputes with us informally by contacting our support team (see Contact Us below). We will make reasonable efforts to address your concerns in good faith and within a reasonable time.
If a dispute cannot be resolved informally, the matter may be escalated through mediation or arbitration, if mutually agreed upon by both parties.
If legal action is necessary, it must be filed in the competent courts of Sofia, Bulgaria, in accordance with Bulgarian law.

11.4 Consumer Rights and Local Regulations

If you are a consumer residing in a European Union (EU) member state, you may have additional rights under applicable consumer protection laws.

These Terms do not limit any mandatory legal rights you may have under EU law or Bulgarian consumer protection regulations.

11.5 Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable under applicable law, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

12 Contact Us

12.1 How to Reach Us

If you have any questions, concerns, or feedback regarding these Terms, our Platform, or any of our services, you can contact us usingany of the services, you can contact us using the following methods:

Email: For detailed inquiries or to request further clarification about our cookie practices, please send us an email at office@aftermidnight.bg.
Phone: If you prefer to speak with us directly, you can reach our customer support team at (+359) 884 980 988. Our team is available to assist you during regular business hours.
Instagram: You can also contact us via our official Instagram account at @after.midnight.sofia. We are happy to answer any questions or engage in discussions about our policies.

Our support team will aim to respond to inquiries as promptly as possible.

12.2 Customer Support Assistance

For technical issues (e.g., login problems, payment processing errors, or subscription cancellations), please provide detailed information, including screenshots if applicable, to help us resolve your issue efficiently.
For billing inquiries, include your transaction ID or order number for faster assistance.
If your inquiry relates to a venue or event listing, we recommend contacting the venue directly for immediate clarification, as we do not control venue operations.

12.3 Legal and Business Inquiries

For legal notices, compliance matters, partnership opportunities, or media inquiries, please direct your request to office@aftermidnight.bg. If your issue requires further investigation, we will notify you and provide an estimated resolution timeline.

12.4 Reporting Misuse or Violations

If you believe a user or venue is violating these Terms or engaging in fraudulent activities, please report it to us at office@aftermidnight.bg with as much detail as possible. We take violations seriously and will investigate accordingly.

12.5 Company Details

Name: Midnight Entertainment Ltd

Company Number: 208214129

Registered Address: Georgi Obretenov 4, Poduyane, Sofia, Bulgaria