Terms of use

Last updated: Jan 24, 2025

Welcome to Last Night Dynamic Auctions (LNDA) These Terms & Conditions (“Terms”) constitute a legal contract between you and Last Night Dynamic Auctions, Inc. (“LNDA,” “we,” “us,” or “our”). They govern your use of any LNDA product or service that links to these Terms, including any website operated by LNDA (the “Site”), mobile applications (the “App”), and all related content, features, and services provided by LNDA (collectively, the “Services”).

Your use of the Services is subject to any additional terms and policies posted within the Services or agreed to separately (collectively, the “Agreement”). By accessing or using the Services, you agree to these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Services, you agree that:

  • You have read, understood, and accepted these Terms.

  • You are legally allowed to enter into this agreement in your jurisdiction.

  • You will comply with all applicable laws and these Terms.

If you do not agree to these Terms, you may not use the Services.

2. Access to the Services

2.1. License

LNDA grants you a non-exclusive, revocable license to access and use the Services for your personal use. LNDA retains all rights to its intellectual property and Services. Any unauthorized use terminates this license.

2.2. Updates

The Services may be updated or modified periodically. Continued use of the Services after any update constitutes acceptance of the updated Terms.

2.3. Restrictions

You may not:

  • Reverse-engineer, decompile, or attempt to extract source code from the Services.

  • Use the Services for any unlawful purposes.

  • Exploit, redistribute, or replicate the Services without permission.

3. Reservations

3.1. Unique Access Reservations (UARs)

LNDA enables Partners to publish unique access reservations, which are subject to the terms set by the Partner. All reservations made through LNDA are final, and you are responsible for adhering to the Partner’s rules and policies.

3.2. Fees

You agree to pay all fees associated with your reservation, including but not limited to the cost of the UAR and any applicable taxes. Payments are processed through LNDA's third-party payment processor.

3.3. Cancellations

Cancellation policies are determined by the Partner and are clearly outlined during the reservation process. LNDA will not issue refunds unless explicitly stated.

4. Account Registration

You must create an account to use certain features of the Services. You agree to:

  • Provide accurate and current information.

  • Maintain the security of your account credentials.

  • Notify LNDA of unauthorized account access immediately.

5. Partner and Consumer Responsibilities

LNDA acts as a platform to connect Partners and Consumers. LNDA is not responsible for:

  • The quality, availability, or performance of services offered by Partners.

  • Consumer behavior at Partner establishments.

6. Payment Terms

Payments are facilitated via third-party providers (e.g., Stripe). By using the Services, you agree to be bound by the payment processor's terms and policies.

7. User Conduct

You agree not to:

  • Use the Services to transmit harmful or illegal content.

  • Interfere with or disrupt the functionality of the Services.

  • Use automated systems to extract data or interfere with LNDA’s operations.

8. Intellectual Property

All content on LNDA's platform, including but not limited to text, graphics, software, and trademarks, is owned by LNDA or its licensors. Unauthorized use is prohibited.

9. Privacy

Your use of the Services is governed by LNDA’s Privacy Policy, which outlines how we collect, use, and protect your data.

10. Disclaimer of Warranties

The Services are provided "as is" without warranties of any kind, express or implied. LNDA does not guarantee uninterrupted, error-free service or specific outcomes from using the platform.

11. Limitation of Liability

To the fullest extent permitted by law, LNDA is not liable for:

  • Indirect or consequential damages.

  • Actions or omissions by Partners or Consumers.

  • Any loss arising from unauthorized account access.

12. Dispute Resolution

All disputes shall be resolved through binding arbitration in [Delaware]. By using the Services, you waive the right to a jury trial or class action.

13. Termination

LNDA may suspend or terminate your access to the Services at any time for violations of these Terms or any misuse of the platform.

14. Changes to These Terms

LNDA reserves the right to update these Terms. Changes will be communicated via the Site or App, and continued use constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of the State of Delaware.

16. SMS NOTIFICATION

By signing up, you agree to receive SMS messages from Last Night for service-related updates. Message and data rates may apply. Reply STOP to unsubscribe.

17. Contact Information

For questions or concerns, contact us at info@lastnight.ai