Terms of Service

These terms are the agreement between you and Marton Biro for the use of mnite (“the app”), a movie-discovery and group-decision app available on the Apple App Store and Google Play. They also serve as the end user licence agreement (EULA) for the app.

By downloading, creating an account, or using mnite, you agree to these terms. If you do not agree, please do not use the app. How we handle your data is covered separately in our Privacy Policy, which forms part of these terms.

1. Who these terms are with

mnite is provided by Marton Biro, a sole trader established in Spain, contactable at info@mnite.app. Throughout these terms, “we”, “us” and “our” mean Marton Biro, and “you” means the person using the app.

Apple and Google are not parties to this agreement. You download mnite through their stores, but your agreement about the app itself is with us alone. We are solely responsible for the app and its content. Additional store-specific terms are set out in sections 14 and 15.

2. Who can use mnite

You must be at least 13 years old, or the minimum age required in your country, whichever is higher. If you are under the age of majority where you live, you may only use mnite with the involvement of a parent or guardian who agrees to these terms on your behalf. mnite is not directed at children under 13 and we do not knowingly allow them to create accounts.

3. Your account

• Give accurate information when you sign up, and keep it up to date.
• Keep your password confidential. You are responsible for what happens on your account, unless it results from something that is our fault.
• A mnite account is for one person. Do not share it, sell it, or let anyone else sign in as you. The app enforces a single signed-in device per account at a time.
• Tell us at info@mnite.app as soon as you suspect unauthorised use of your account.

4. Your licence to use mnite

mnite is licensed to you, not sold. Subject to these terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use one copy of the app on devices you own or control, for your own personal, non-commercial use. On Apple devices, this licence is limited to Apple-branded products that you own or control, and is subject to the Usage Rules in Apple's Media Services Terms and Conditions.

You may not:

• Copy, sell, rent, sublicense, or otherwise redistribute the app or your access to it.
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the app, except to the extent that applicable law expressly permits this despite this restriction, or where permitted by the licence terms of any open-source components included in the app.
• Modify the app or create derivative works from it.
• Make the app available over a network so that multiple devices can use it at once, except as the store Usage Rules allow.
• Remove or obscure any copyright, trade mark, or other proprietary notices.

We keep all rights in the app that these terms do not expressly grant you.

5. Subscriptions, billing and cancellation

mnite's core features are free. We also offer, or may offer, optional paid subscription plans that unlock additional features. This section applies if you buy one.

• Where you buy and who charges you. Subscriptions are sold through the Apple App Store or Google Play, not directly by us. Your payment is charged to your Apple Account or Google Play account when you confirm the purchase, and that store — not us — handles your payment details.
• Price and plan. The name, length, and price of each plan are shown in the app before you confirm, and that is the price that applies to your purchase. Prices may vary by country and include or exclude tax depending on your local rules.
• Automatic renewal. Subscriptions renew automatically for the same period at the then-current price unless you cancel. Your account is charged for renewal within 24 hours before the end of the current period.
• How to cancel. Turn off auto-renewal at least 24 hours before the end of the current period. On iOS this is in Settings → your name → Subscriptions; on Android it is in Google Play → Payments & subscriptions → Subscriptions. We cannot cancel a store subscription on your behalf.
• Deleting the app does not cancel your subscription. Neither does deleting your mnite account. You must cancel through the store, or billing continues.
• Free trials. Where we offer a free trial, you will be charged when the trial ends unless you cancel before then. If you buy a subscription while a free trial is running, any unused part of that trial is forfeited.
• Price changes. If we change the price of a plan, we will give you notice through the store and, where the store or the law requires it, ask for your consent. If you do not accept the new price, you can cancel before it takes effect.
• Refunds. Refunds are handled by Apple or Google under their own policies, not by us — request one through the store you bought from. Nothing here affects any statutory refund or cancellation right you have as a consumer.
• Refund requests and consumption data. If you ask Apple for a refund on a subscription bought through the App Store, Apple may ask us for information about how you actually used what you paid for — for example how much of the subscription period had elapsed and how far you engaged with the paid features. You consent to us sharing that information with Apple for the sole purpose of helping Apple decide your refund request. We share only what is needed for that and only as Apple's policies allow. See our Privacy Policy for how we handle your data generally.
• EU and UK right of withdrawal. If you are a consumer in the EU or UK, you normally have 14 days to withdraw from a purchase of digital content. By starting to use a subscription immediately, you ask us to begin supplying it at once and acknowledge that you lose that withdrawal right once supply has begun. Store refund policies may still be more generous.
• When a subscription ends. You keep access to paid features until the end of the period you have already paid for. After that, your account reverts to the free tier. Your ratings, saved movies and groups are not deleted.

6. Your content

You keep ownership of what you put into mnite — your username, first name, profile photo, ratings, saves, and group activity. You give us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display that content, but only so far as we need it to run the app for you and to show it to the people you share it with, such as the members of your groups.

You confirm that you have the rights to whatever you upload, and that it does not infringe anyone else's rights. This licence ends when you delete the content or your account, except where we have to keep something to comply with the law, and except for de-identified taste data as described in the Privacy Policy.

7. Acceptable use

Use mnite decently. Do not:

• Harass, threaten, defame, stalk, or abuse anyone, in group chat, usernames, or anywhere else in the app.
• Upload content that is illegal, hateful, sexually explicit, or infringes someone else's rights.
• Impersonate another person, or misrepresent who you are.
• Use bots, scrapers, or automated tools to access the app or collect data from it.
• Probe, attack, or attempt to bypass the security of the app or our backend, or access data that is not yours.
• Interfere with the app's operation or place unreasonable load on our infrastructure.
• Use mnite for anything unlawful, or in breach of any third-party terms that apply to your use of it.

We may remove content or suspend accounts that break these rules.

8. Groups and other people

mnite is social by design. When you join a group, other members can see your first name, username, profile photo, your “Feeling Lucky” picks, and shared group decisions. Do not put anything in your profile that you would not want those people to see.

Other members are not under our control. We are not responsible for their behaviour, for what they do with information you choose to share with them, or for any disputes between you. If someone in a group is behaving badly, you can leave the group and report them to us at info@mnite.app.

9. Movie information and TMDB

Movie titles, artwork, posters, descriptions, cast and crew details, and streaming availability come from The Movie Database (TMDB) and belong to TMDB and the relevant studios, distributors and rights holders. This product uses the TMDB API but is not endorsed or certified by TMDB.

We do not control this information and cannot guarantee that it is accurate, complete, or current — in particular, where a film is available to stream, rent or buy changes constantly and by country. Check the streaming service itself before relying on it. mnite does not host, stream, or supply any film.

10. Availability, changes and beta features

We are a small operation and the app is under active development. We may add, change, or remove features, and we may suspend the service for maintenance. We will try to avoid disruption and to give notice of significant changes where we reasonably can.

We do not promise that mnite will be available uninterrupted or error-free. Some features may be released as beta or experimental; those are provided as-is and may change or disappear.

If we discontinue mnite altogether, we will give reasonable notice and, where you have paid for a subscription period you cannot use, arrange a pro-rata refund through the relevant store.

11. Ending these terms

You can stop at any time by deleting your account in the app's profile settings, or by emailing info@mnite.app. Remember that deleting your account does not cancel a store subscription — see section 5.

We may suspend or close your account if you materially break these terms, if we are required to by law, or if your use puts other users or the service at risk. Where it is reasonable to do so, we will warn you first and give you a chance to put things right. If we close your account without good reason, we will refund any subscription period you have paid for but cannot use.

Your licence to use the app ends when your account does. Sections 6, 9, 12, 13, 14, 18 and any other terms that by their nature should survive will continue to apply.

12. Disclaimers

To the fullest extent the law allows, mnite is provided “as is” and “as available”, and we exclude all warranties, conditions and representations that are not expressly set out in these terms — including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement.

Recommendations, compatibility scores and “Feeling Lucky” results are suggestions for entertainment. They are not advice, and we do not warrant that you will enjoy anything the app suggests.

If you are a consumer, you have legal rights that cannot be excluded, and nothing in this section affects them.

13. Limitation of liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded under Spanish or EU law — including your mandatory rights as a consumer.

Subject to that, and to the fullest extent permitted by law:

• We are not liable for indirect or consequential loss, loss of profits, loss of business or opportunity, or loss or corruption of data.
• We are not liable for loss that was not reasonably foreseeable when you started using mnite.
• We are not liable for the content, accuracy or availability of third-party services, including TMDB data and streaming providers.
• Our total liability for all claims connected with mnite is limited to the greater of (a) the amount you paid us for mnite in the twelve months before the claim arose, or (b) €50.

14. App Store (Apple) additional terms

These terms apply if you obtained mnite from the Apple App Store, and take precedence over anything inconsistent elsewhere in this document.

• Acknowledgement. This agreement is between you and Marton Biro only, not with Apple. We, not Apple, are solely responsible for mnite and its content.
• Scope of licence. Your licence is non-transferable and limited to using mnite on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions.
• Maintenance and support. We are solely responsible for providing any maintenance and support for mnite. Apple has no obligation to furnish any maintenance or support services.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If mnite fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to mnite.
• Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to mnite or your possession and use of it — including product liability claims, any claim that mnite fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• Intellectual property. If a third party claims that mnite or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You must comply with any applicable third-party terms of agreement when using mnite.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this agreement. On your acceptance of these terms, Apple has the right — and is deemed to have accepted the right — to enforce this agreement against you as a third-party beneficiary of it.
• Contact. Questions, complaints or claims about mnite should be sent to Marton Biro at info@mnite.app.

15. Google Play additional terms

If you obtained mnite from Google Play, your download and use are also subject to the Google Play Terms of Service. Google is not a party to this agreement and is not responsible for mnite, its content, or any subscription sold through Google Play beyond its role as the payment and distribution platform. Subscription management, billing and refunds for Google Play purchases are handled under Google's policies.

16. Export and sanctions compliance

You may not use or export mnite except as permitted by applicable law, including the export control laws of Spain, the European Union and the United States. You confirm that you are not located in an embargoed or restricted country, and that you are not on any applicable list of restricted or prohibited parties.

17. Changes to these terms

We may update these terms as the app changes or the law requires. When we do, we will post the new version at this URL and update the “Last updated” date. If a change materially affects your rights — including anything to do with subscriptions — we will tell you in the app or by email before it takes effect, and where the law requires it we will ask you to accept the change. If you do not accept, you can stop using mnite and cancel any subscription.

18. Governing law and disputes

These terms are governed by the law of Spain, excluding its conflict-of-law rules, and the courts of Spain have jurisdiction over any dispute.

If you are a consumer, this does not take away your rights. You keep the protection of the mandatory consumer-law provisions of the country where you live, and you may bring proceedings in the courts of that country. You may also be able to use an out-of-court dispute resolution body in your country; we are not obliged to participate, but we will consider any request in good faith.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

If any part of these terms is found unenforceable, the rest stays in force.

19. Contact

Marton Biro

Email: info@mnite.app