Terms of Service

• Service — the NightCount software platform: the venue console, the Door and Bar Screens, guest RSVP and pass pages, cover-credit ledger, reports, and Pulse.
• Venue / you — the business (however constituted) that opens a NightCount account to run its nights.
• Console — the venue dashboard. The owner signs in to it, and so does anyone the owner has given limited access under §3.3.
• Door Screen / Bar Screen — a phone or tablet paired to your venue by code and PIN, limited to check-in or ledger scanning respectively, with no Console access. These Terms call them Screens throughout; our pricing pages count the same thing in phones.
• Guest — an individual who RSVPs to, or attends, your night, or whose details you upload to the Service from a ticketing platform or any other list. Guests are not party to these Terms.
• Cover Credit — a record in the Service of value a Guest has paid to you at your gate, redeemable at your venue on your terms.
• Plan — the tier your account is on (Free Trial, Venue, Multi-venue, Group), including any parameters we have agreed with you individually.

2.1The Service records and reports what happens at your nights: RSVPs, check-ins, cover collection, ledger movements, and derived analytics.

2.2NightCount never collects, holds, or transfers Guest money. Cover Credit is a record of money you collected directly from your Guest. We charge no commission on any amount loaded or redeemed. Settlement, redemption, refusal and taxation of Cover Credit are entirely between you and your Guest, on terms you set and communicate. Unspent Cover Credit expires in the Service when the night it was loaded on is closed — by you, or automatically at the closing time you set if you switch auto-close on; whether you honour it after that is your decision and your obligation to your Guest, not ours.

2.3The Service is offered to businesses only. You confirm the person accepting these Terms is authorised to bind the venue, and is at least 18 years old.

2.4The Service does not verify anyone’s age. The 18-or-older declaration a Guest makes when RSVPing is a data-protection declaration — not an age check, and not an authorisation to admit or to serve. Complying with the drinking-age law of your state, deciding the age at which you admit a Guest, and every check made at your door remain yours.

2.5Pulse is machine-written, and it is not advice. Pulse answers your questions and narrates your weekly digest with the help of an artificial-intelligence model run by a third-party provider, as the Privacy Policy describes. The figures it is given are read from your own records by the Service; the wording around them is written by that model, and it can be wrong — a figure can be restated inaccurately, or left out. Pulse’s answers, its forecasts and the VIP suggestions it raises are observations drawn from your own records: they are not advice, and none of them decides anything about a Guest or about your business. Check a figure against your reports before you act on it. Where an answer and your reports disagree, your reports are the record.

3.1You are responsible for the confidentiality of your Console credentials and for everything done under them. Your Console credentials include any we issue to another person at your instruction under §3.3: we generate that password and email it to the address you give us, and it stays yours to reset or withdraw.

3.2Door and Bar Screens are paired per venue and can be revoked by you at any time from the Console.

3.3A venue account has one owner. From your Console you can give another person limited access to that venue: you give us their email address, we create the account, generate its password and email it to that address at your instruction. Limited access can run the door, see the live dashboard and Pulse, manage events and promoters, and read the guest list. It cannot change venue settings, export guest names or numbers, erase a guest, delete or extend a night, void entries, or manage who has access. You can remove that access at any time, and reset its password unless the same person also holds access at a venue that is not yours. You are responsible for everyone you grant access to; what they do in the Console counts as done by you. Sharing your own owner login instead remains fully within your own responsibility — anyone using that login has your full guest history, your takings, and every control this clause withholds.

3.4You can require a second step at sign-in for your venue. While it is on, everyone who can reach that venue — you included — enters a one-time code as well as their password: sent to their own account email address, or by SMS to a mobile number that person has confirmed for themselves. The code is asked for again twelve hours later. Because one account can hold access at more than one venue, an account that can reach a venue with this turned on is asked for the code wherever it signs in. Only the venue’s owner can turn it on or off.

4.1Free Trial: 7 days, counted from the day your venue is created, with no payment details required. Trial limits apply — a capped number of cover QRs, a capped number of paired Door and Bar Screens, and a smaller Pulse allowance than a paid Plan. One trial per venue.

4.2When your 7-day trial ends, the account becomes read-only. You keep your login and can view your reports and your guest list, export both as CSV, erase a guest on request and apply your retention settings. You cannot run nights: no new event, no new RSVP, no check-in at the door and no cover QR, and the Door and Bar Screens paired to the venue are revoked. If you subscribe within the next 60 days the account reopens with its records intact and you pair your screens again. If you do not, we destroy the venue’s data 60 days after the trial ends — sooner if you ask us in writing — on the terms set out in §9.4, which is where this document describes destruction and the one record that survives it. These steps run on a daily check, so each takes effect at the first daily check after it falls due — the same day or the day after, never earlier — rather than at a fixed hour.

4.3Paid Plans and their published prices are on the pricing section of our home page. All published prices are inclusive of GST. Plan parameters (number of paired Screens, Pulse usage, venue count) are as published or as agreed with you in writing; we may adjust individual parameters for your account by mutual agreement. Pulse questions draw on a monthly allowance, which your Console shows you as a meter. Every Plan has one, including the trial; a paid Plan carries a larger allowance than the trial, and we can raise yours by agreement in writing. When the allowance is used up, Ask pauses until the first day of the next month and the rest of Pulse is unaffected.

4.4We may change published prices with 30 days’ notice; changes never apply retroactively to a month you have already paid.

5.1Fees are billed monthly in advance by GST tax invoice, payable by UPI or bank transfer within 7 days of the invoice date.

5.2If an invoice remains unpaid 14 days after its date, we may suspend the Service after notice to you; suspension does not erase your data (§9 applies).

5.3Prices are stated GST-inclusive; the tax invoice will show the taxable value and GST separately as the law requires.

6.1Subject to §6.2, if the Service is not working for you, tell us within 7 days of your first invoice and we will refund that first invoice in full — whatever it covered, one venue or several. Claims are made by email, from the account owner’s own email address, to support@nightcount.com. We return money that reached us: if that first invoice was never paid, there is nothing to refund and we simply stop invoicing.

6.2The guarantee applies once per customer, to the first invoice only, and is not available where the account has materially breached these Terms. Taking the free trial first does not use it up. If you trial the Service, subscribe, and then decide within seven days of that first invoice that it is not for you, the guarantee is yours on the same terms as anyone else’s. It is not a monthly right and it does not renew.

6.3Refunds are made by bank transfer to the account that paid, within 7 working days, accompanied by a GST credit note. Your reports from the period remain yours (§9).

7.1You may cancel at any time; cancellation takes effect at the end of the month you have already paid for. Cancellations are made by email, from the account owner’s own email address, to support@nightcount.com. The Refund & Cancellation Policy sets out the mechanics. No further invoices are raised; amounts already paid are not pro-rated or refunded except under §6 or §7.3.

7.2We may terminate or suspend for material breach (including §8), unlawful use, or non-payment under §5.2.

7.3We may discontinue the Service with at least 60 days’ notice, in which case any advance payment covering time after discontinuation is refunded pro-rata.

7.4Venue removal (Multi-venue and Group plans): you may remove individual venues at any time. Each venue’s guarantee window runs for 7 days from the date of the first invoice that covered that venue, and a refund is due only if that invoice was paid — so a venue added to the plan later has its own window, on its own first invoice. Within that window, the removed venue is refunded an equal share of that invoice — the invoice divided by the number of venues it covered — under §6.3 mechanics, and a partial claim does not exhaust the guarantee for the remaining venues within their own windows. Outside that venue’s window, no refund is payable: the removed venue runs to the end of the paid month and is dropped from the next invoice. If removals reduce the account to one venue, the single-venue price applies from the next invoice. A removed venue’s data follows §9.4. For the avoidance of doubt, no fees are refundable outside the window that applies to them under §6 or this §7.4, except under §7.3.

The whole money story in one line: money moves back to you only inside the first 7 days. After that, nothing is refunded — not on renewals, not on removals — and only your next invoice changes. There is one exception, and it runs our way rather than yours: if we ever discontinue the Service, §7.3 refunds the unused part of what you have already paid.

You will not:

• (a) use the Service for anything unlawful, including nights or promotions unlawful in your state;
• (b) knowingly submit personal data of anyone under 18;
• (c) use RSVP links, WhatsApp sends or OTP flows to spam;
• (d) attempt to access another venue’s or list’s data;
• (e) probe, reverse-engineer or resell the Service;
• (f) misrepresent Cover Credit to Guests (it is your obligation, not ours).

Anti-abuse ceilings may apply to messaging volumes; they are set well above honest use.

9.1Your guest data is yours. As between you and NightCount, you own the guest, night and ledger records of your venue. You are the data fiduciary for your Guests’ personal data under the Digital Personal Data Protection Act, 2023; NightCount processes it on your behalf as described in the Privacy Policy.

9.1aLists. Where a Guest reaches you through a list’s invitation link, the person who runs that list sees that Guest’s name and number in their own portal, with the size and guys/girls split of the group and the confirmation code issued to them. They never see your gate money, another list’s guests, or a night their link was not part of. That view is theirs and it travels with them across the venues they work: revoking a list’s link closes that link, but it does not remove their view of the Guests it already brought you. Your Guest erasure and your retention settings under §9.1 reach those records, because they are the same records.

9.2You are responsible for having a lawful basis for your Guests’ data, for the accuracy of what your staff record, and for age verification at your door. Where you upload a list — from a ticketing platform or from anywhere else — you confirm you are entitled to give it to us for running that night, and that the people on it have been told whatever your own notice requires. We verify nothing about them, and we send them nothing unless your staff trigger a send at your door, such as a cover QR.

9.3Our admin console and the application key the Service runs on hold no privilege on the tables that store guest names and numbers in a field meant for one; that is enforced by the database and asserted by a test. One table is outside the second half of that: the record of a night, which carries your head-count figures, your own bar total and the note your staff type about the night. It has no guest field, and our admin console cannot read it either — but a staff member who writes a Guest’s name into that note has put one somewhere the application key can still reach, and the Privacy Policy carries the same exception at length. Database-administrator credentials, which we hold to take backups and to change the database’s structure, and the password-reset we can issue an owner who has lost access, are not bound by those permissions. We are prohibited from using either to read your guest list, except where you instruct us to, where it is necessary to restore the Service after a failure, or where the law compels us. The Privacy Policy sets both out in full.

9.4On cancellation, removal from a plan, or the end of a trial: your Console stays read-only for 90 days from your end-of-service date (the date we confirm to you in writing when you cancel under §7.1, or the date we remove the venue under §7.4) — 60 days for a trial, under §4.2 — with CSV export of your night and guest data available throughout: nights.csv, guests.csv and golden-guests.csv, the two guest exports being the account owner’s to run and available only where the venue logs guest identity, and a very large export capped with a note on the file saying so. The erasure and retention controls of §9.1 to §9.3 keep working the whole way through. At the end of that period, or earlier on your written request, we destroy the venue’s records: the guest list and the names and numbers on it, the payer details recorded at the door, the notes your staff typed, the names and numbers on the cover ledger, the stored Pulse conversations, everything imported from a ticketing platform, the pairings for your Door and Bar Screens, and the verification records tied to those numbers. We destroy what our own systems hold. The working copy a Door or Bar Screen keeps on the phone, so that the door survives a dead network, sits on that phone: it clears itself the next time that Screen reaches us and finds its session gone, and a handset that is never switched on again keeps what it last downloaded and no clock of ours reaches it, so wipe any phone you retire. Destruction is permanent inside the Service: the records are gone from the live system and we do not put them back. One honest qualification. We take operational backups of the whole database so that the Service can be recovered from a failure or an operator mistake, and a backup taken before your destruction date still contains your records until that backup is itself deleted. Each backup is encrypted when written and is deleted thirty days after it is taken. A restore puts the whole database back to the moment the backup was taken, which can bring back records destroyed or erased after that moment; we do not restore a backup to serve, share or reinstate one account’s data on request.

Three things deliberately survive that destruction. The first is the de-identified record of the nights themselves — head-counts, composition, totals, and the money movements on the cover ledger once the names and numbers have been taken off them, all of which name no Guest: the night record keeps the name of the person who ran each list whose heads it counts, and nothing else about anyone. The second is the consent records described in the Privacy Policy: they hold a one-way fingerprint of a mobile number and never the number itself, and they are kept as the compliance trail that a consent was recorded, on a date, under a stated version of the wording. The third is your venue’s own audit trail in the Service — the record of which account did what in your Console, and when, kept as actions and operational figures so that what was done to your account can be shown afterwards. We write no guest name, no guest number and no staff-typed note into it.

9.5We may use aggregated, de-identified usage data (never guest identity) to operate and improve the Service.

9.6If we suspend under §5.2 or terminate under §7.2, we will tell you in writing, unless the law prevents us or the notice itself would defeat a step we must take against abuse of the Service; in that case we tell you as soon as we lawfully can. A suspension leaves your Console read-only on the §4.2 terms — your reports, your guest list, CSV export, Guest erasure and your retention settings all keep working, so that you can continue to meet your own obligations to your Guests. A suspension itself destroys nothing and starts no clock; if the account is on a trial, the trial clock of §4.2 keeps running underneath it, and that clock still ends in destruction. On termination, §9.4 applies from the end-of-service date stated in that notice. Where we terminate for material breach or unlawful use, we may close your Console at once instead of leaving it read-only. Your records are then held, unchanged, for the period §9.4 gives them; if you ask us in writing during that time we will reopen the Console read-only for long enough for you to export them, and they are destroyed at the end of it, as §9.4 describes.

9.7Security incidents. If we become aware of a personal data breach affecting your Guests’ personal data in the Service, we will tell you without undue delay and give you the information you reasonably need to meet your own obligations as data fiduciary under the DPDP Act, and we will co-operate with you in responding to the Data Protection Board of India. You will tell us without undue delay of any breach on your side involving data held in or exported from the Service, including the loss of a phone paired as a Door or Bar Screen.

10.1We aim for the Service to be available whenever your doors are open, and we take Friday and Saturday nights seriously. However, the Service is provided “as is” and without any uptime guarantee or service-level commitment.

10.2Some features need an internet connection at your venue: pairing a Door or Bar Screen, cover-QR scanning, and ledger balance reads. A paired session lapses about 12 hours after the Screen last spoke to us, so a Screen that has been switched off since the last night is normally paired again — an online step — before the next one. Once a Screen is paired and loaded, the door head-count keeps working offline and syncs when the connection returns.

10.3We may perform maintenance; where it is planned and disruptive, we will schedule it away from weekend nights and tell you first.

The Service, its software, brand and design are ours. Your data is yours (§9). Neither of us grants the other anything beyond what these Terms say.

12.1Except under §13, neither party is liable for indirect or consequential loss, loss of profits, or loss of goodwill.

12.2Our total aggregate liability under these Terms is capped at the fees you paid in the 3 months preceding the claim.

12.3Nothing limits liability that cannot be limited under Indian law, including for fraud.

12.4The Service records what your staff enter; we are not liable for decisions (including payout decisions) you take on your data, for decisions you take on a Pulse answer, forecast or suggestion (§2.5), or for money handled at your venue.

You indemnify us against third-party claims (including from Guests or authorities) arising from your breach of §8 or §9.2, or from Cover Credit terms you set.

We may update these Terms with at least 30 days’ notice by email to the account owner. An update takes effect on the effective date stated in that notice, which will be at least 30 days after we send it; until that date the version you are on continues to apply. Continued use after that date is acceptance. If you object, you may cancel under §7.1. The current version is always the one published on this page; this version is effective from 19 August 2026, and we keep the superseded version available on request.

These Terms are governed by the laws of India. Courts at Bengaluru, Karnataka have exclusive jurisdiction.

Before either of us starts proceedings, we will each make a genuine attempt to resolve the matter directly, in good faith.

NightCount · Rishiraj Guha Ray, proprietor and grievance officer · support@nightcount.com · WhatsApp +91 89715 87637

Principal place of business: R 54 Block 1 Flat 6, Cyberspace Cooperative, Baishnabghata Patuli Township, Kolkata 700094, West Bengal, India.

Grievances are acknowledged within 72 hours and resolved within the timelines the DPDP Act and IT rules require.

You can return to the NightCount home page at any time.