STARTENDER
Operated by Nightlife Gigs LLC
Last Updated: 09.08.26
These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and Nightlife Gigs LLC ("Nightlife Gigs," "Company," "we," "us," or "our"), the owner and operator of the Startender mobile application, the Startender website at startender.app (including all public pages, profile pages, and gig listings served from it), and all related services (together, the "Platform").
By accessing, registering for, or using Startender, you confirm that you have read and understood these Terms, agree to be bound by them, and are at least 18 years old.
If you do not agree, you must not use the Platform.
Nightlife Gigs LLC — A New York limited liability company
Owner: Theodore James Miller
Startender is a private networking and connection platform designed for nightlife industry professionals and venues.
Startender exists solely to facilitate introductions and connections between users. The Platform is a passive networking tool only.
Nightlife Gigs LLC is NOT an employer, staffing agency, booking agency, labor broker, payment processor, recruiter, or guarantor of any transaction or outcome.
Nightlife Gigs LLC does NOT guarantee work, gigs, shifts, bookings, or income; negotiate or enforce agreements; process payments; set wages or rates; supervise or control users; verify credentials or compliance; screen or endorse users; or monitor interactions on or off the Platform.
The Platform is provided strictly "AS IS" and "AS AVAILABLE" without warranties of any kind.
Our website is a public, view-only window onto the Platform. Anyone, with or without an account, may browse gigs, venue listings, public profile pages, and other published content there. Account actions — signing up, applying to gigs, messaging, and posting content — take place in the mobile application. Every disclaimer, limitation, release, and other provision of these Terms applies to your use of the website exactly as it applies to the mobile application, whether or not you have an account.
Access may be invite-based or approval-based at our sole discretion. Approval does not constitute endorsement, verification, or guarantee of continued access. We may suspend or remove access at any time, with or without notice.
Users include nightlife workers (bartenders, servers, barbacks, performers, DJs, cooks, security, promoters, etc.), venue managers/owners, and venue entities.
Nothing in these Terms creates any employer-employee, independent contractor, partnership, joint venture, agency, or fiduciary relationship. Nightlife Gigs LLC does not employ, represent, manage, or control any User.
Nightlife environments involve inherent risks including alcohol, late hours, crowded environments, physical altercations, unsafe conduct by third parties, theft, and harassment.
By using Startender, you VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS arising from use of the Platform, communications with Users, in-person meetings or engagements, any work or attendance at any venue, any transaction or arrangement between Users, any financial loss, physical injury, emotional distress, or property damage, and reliance on any information from the Platform or Users.
You acknowledge that Nightlife Gigs LLC has NO duty to protect you from any risk.
Nightlife Gigs LLC does NOT conduct background checks, verify identity, age, legal status, work authorization, licenses, certifications, business registrations, or guarantee accuracy of any profile. Users are solely responsible for their own due diligence.
Any sign-up "verification selfie," badge, or similar feature is a basic measure designed to reduce bots and impersonation. It is NOT identity verification, a background check, or a guarantee that any User is who they claim to be, is safe, or is suitable. We do not vet, endorse, or guarantee any User, venue, gig, or content, and we are not liable for the conduct of any User. You are responsible for your own due diligence and safety.
Venues are solely responsible for compliance with all labor, wage, safety, insurance, tax, and worker eligibility laws. Nightlife Gigs LLC is not a party to any agreement between venues and workers.
The Platform may display venue listings compiled from publicly available business information. Such listings are provided for informational and connection purposes only and are unverified. A venue's appearance in the directory does not indicate that the venue has registered for, claimed, or endorses the Platform, and does not imply any affiliation between the venue and Nightlife Gigs LLC. When a User applies to a gig, the User authorizes Nightlife Gigs LLC to transmit the User's application and STARCARD to the relevant venue through its publicly available contact channels (email, SMS, or social media). Venues may request correction or removal of a listing by emailing hello@startender.app.
Part of the gig board consists of job postings gathered from publicly available sources, including employers' own career pages, applicant-tracking systems, and job aggregators. We are not the employer, poster, or agent for those roles; we do not verify them; and they may be filled, changed, or withdrawn without our knowledge. Pay figures, requirements, and descriptions are the poster's. Rights in those listings remain with their owners, and an employer or poster may request removal by emailing hello@startender.app.
If you claim a venue or post a gig, you represent and warrant that you are the owner of that business or an authorized representative with hiring authority, that you are permitted to act and post on its behalf, and that your acceptance of these Terms binds that business as well as you personally. False or unauthorized claims may be removed and the account terminated without notice.
You are solely responsible for the legality of everything you post. Your postings must be genuine openings, must not discriminate on any basis protected by federal, state, or local law, and must include any disclosures the law requires of a job advertisement in the place the work is performed — including a good-faith pay range where a pay-transparency law applies, such as in New York State and New York City. Nightlife Gigs LLC does not review postings for legal compliance and is not responsible for yours.
Workers are not employees of Nightlife Gigs LLC and are responsible for their own taxes, insurance, compliance, evaluating venue legitimacy, verifying terms before accepting work, and bearing all risk of non-payment or disputes.
Users agree not to violate laws, misrepresent identity, harass others, discriminate, engage in illegal conduct, or post false content. We may remove any User at our sole discretion without notice.
There is zero tolerance for objectionable content or abusive behavior. You agree not to post, send, or transmit content that is unlawful, harassing, threatening, hateful, defamatory, obscene, sexually explicit, or otherwise objectionable, and not to harass, abuse, or harm other Users. We provide tools to report objectionable content and to block other Users, and we may filter, remove, or refuse content and suspend or permanently ban any User who violates this policy, at our sole discretion and without notice. We endeavor to review reports of objectionable content and act on them in a timely manner.
"Content" means anything you submit to the Platform, including your profile text and bio, photos and videos, any résumé or CV you upload and the work history taken from it, messages, voice notes, and application notes.
By uploading content, you grant Nightlife Gigs LLC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, display, reproduce, modify, and distribute your content for operating and promoting the Platform. Nightlife Gigs LLC may remove any content at any time and has no obligation to monitor content.
By creating a bartender profile, you acknowledge that Startender issues a permanent, publicly-accessible URL (a "STARCARD") that displays your profile to anyone who has the link, including non-Users. This URL is used as a digital business card when you share it directly or when you apply to a job (your STARCARD URL is appended to applications you send so the recipient can view your full profile). You can rotate (invalidate) this URL at any time from Settings. Do not include any information on your profile that you would not be comfortable being widely shared.
If you turn on contact sharing, your STARCARD and the application emails we send on your behalf will also display the phone number and email address you provided, as links a recipient can tap to call, text, or email you. Contact sharing is off unless you enable it and can be turned off at any time in Settings; doing so removes those details from your card and from emails sent afterwards, but does not retract messages already delivered.
By using the Platform, you grant Nightlife Gigs LLC a perpetual, royalty-free, worldwide license to use, process, analyze, and incorporate your anonymized data into aggregated datasets. This includes platform activity, location data, role information, usage patterns, and connection behavior. This license survives termination of your account.
Nightlife Gigs LLC may use aggregated and anonymized data for platform improvement, industry research and analytics, licensing to third parties (including hospitality businesses, staffing firms, real estate developers, brands, and investors), and other commercial purposes. No personally identifiable information will be sold or disclosed to third parties without your consent except as described in our Privacy Policy.
We may feature approved profiles, photos, STARCARDs, and venue listings on publicly accessible pages of our website, in app store materials, and in our marketing, under the license in Section 12 and without additional notice or payment. Featuring is editorial and at our sole discretion; it is not an endorsement, a verification, a paid placement, or a promise of work, and it may change or end at any time. If you do not want to be featured, email hello@startender.app and we will remove you from featured placements going forward. We cannot recall material already published, printed, cached, or shared by third parties.
Some optional features use artificial intelligence — for example, drafting a profile bio, turning a résumé you upload into work-history entries, drafting the note attached to an application, and summarizing publicly posted third-party job listings.
When you use one of these features, the text and files you submit for it are sent to third-party AI providers, through our infrastructure providers, solely to generate that output and return it to you. We do not permit those providers to use your content to train their models. AI output can be wrong, incomplete, or misleading; it is a draft, not advice, and you are responsible for reviewing and editing anything you publish or send. Section 18 (Disclaimer of Warranties) and Section 19 (Limitation of Liability) apply in full to AI-generated output.
If you grant location permission, the app reads your device's location while you are using a location feature, in order to suggest your city and to power nearby matching, maps, and distance calculations. We store city-level location, not a location history, and we do not track you in the background. You also consent to receiving push notifications about gigs, messages, connections, and platform activity. Both are optional and can be turned off in your device settings; our Privacy Policy describes exactly what we collect and keep.
When you apply to a gig or contact a venue, you may choose to send messages by email, text message (SMS), or social media. Any SMS or social-media message is sent by you, from your own device and accounts; you are the sender of those messages. You represent that your communications comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA) and anti-spam laws, and you are solely responsible for them. Startender transmits application emails on your behalf and at your direction, and you are responsible for the content you provide.
For emails we transmit for you, and for emails we send to you, we record standard delivery and engagement information — whether the message was delivered, bounced, opened, or had a link clicked — using industry-standard methods including a small tracking image embedded in the message. We use this to show you whether your application was seen, to retry or stop failed sends, and to protect the health of our sending domain. You can turn off image loading in most email clients to prevent open tracking.
You may be given a referral code and an invite link to share. You may share it only with people you actually know or who would genuinely want it, and only in ways that comply with law — including the CAN-SPAM Act and the Telephone Consumer Protection Act. Any invite you send by text message or social media is sent by you, from your own device and accounts. Do not buy lists, bulk-message strangers, or make claims about Startender that we have not made. A referral code does not entitle you to money, credit, or any reward unless we announce one in writing, and we may cancel codes, badges, or referral credit obtained through misuse.
You can delete your account at any time in the app (Settings → Delete Account) or by emailing hello@startender.app. Your account is deactivated immediately and permanently deleted after a 14-day grace period, during which logging back in restores it. Some data may be retained where required by law.
We may introduce paid features including but not limited to: venue subscriptions and gig posting fees; featured or boosted worker profiles; premium worker profile tiers (verified badge, priority placement); sponsored placements and brand partnerships; access to talent pool search and filtering tools; API access for third-party platforms; and in-app connection or introduction fees.
All fees are for Platform access only — never for labor, services, or guaranteed outcomes. Payment does not guarantee bookings, hires, or connections. Digital goods are non-refundable. Subscriptions may auto-renew. Prices may change at any time.
Free or paid use does not guarantee connections, employment, gigs, bookings, income, or responses from Users.
We may suspend or terminate accounts at any time without notice. Users may discontinue use at any time.
We may modify these Terms at any time. When we do, we will update the "Last Updated" date above and, for material changes, give reasonable notice — for example by email, in-app notice, or by asking you to accept the revised Terms before continuing to use the Platform. Changes take effect when posted, or on the later date we state. Your continued use of the Platform after a change takes effect means you accept the revised Terms; if you do not accept them, you must stop using the Platform and may delete your account under Section 14. Changes to Section 26 (arbitration) apply only to disputes arising after the change.
TO THE FULLEST EXTENT PERMITTED BY LAW, NIGHTLIFE GIGS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, AND NON-INFRINGEMENT. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTLIFE GIGS LLC SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, LOST INCOME, HARASSMENT, THEFT, PROPERTY DAMAGE, DISPUTES BETWEEN USERS, DATA BREACHES, PLATFORM OUTAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE.
You hereby release Nightlife Gigs LLC, Theodore James Miller, and all affiliated parties from any and all claims arising from your use of the Platform or interactions with Users. California residents expressly waive Civil Code Section 1542.
Nightlife Gigs LLC has no obligation to monitor activity, investigate disputes, intervene in interactions, or enforce agreements between Users.
Startender is an interactive computer service that hosts content and communications created by Users. We are not the publisher or speaker of User content and are not responsible or liable for it. Any moderation we choose to perform does not create a duty to monitor or any liability for User content or conduct.
Not liable for failures caused by natural disasters, pandemics, government actions, cyberattacks, or third-party outages.
Zero liability for any interactions between Users, on or off the Platform.
You agree to indemnify and hold harmless Nightlife Gigs LLC, Theodore James Miller, and all affiliates from any claims arising from your use of the Platform, interactions with Users, or violation of these Terms.
Claims must be brought solely against Nightlife Gigs LLC. Users agree not to bring claims against Theodore James Miller personally. Maximum aggregate liability: $100 or fees paid in preceding 12 months, whichever is greater.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Informal Resolution First: Before starting an arbitration, you agree to email a description of your dispute and the relief you want to hello@startender.app, and we agree to do the same for any dispute we have with you. The parties will try in good faith to resolve it for 30 days. This step is a condition of filing, but it does not extend any deadline.
Time Limit: Any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after it arises, or it is permanently barred, except where applicable law forbids shortening the period.
Except for matters that qualify for small-claims court, any dispute arising out of or relating to these Terms or the Platform will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules), seated in New York, New York. The arbitrator decides all issues, except that a court of competent jurisdiction decides the enforceability of the class-action waiver below.
Class-Action and Jury Waiver: You and Nightlife Gigs LLC waive any right to a jury trial and agree that claims may be brought ONLY in an individual capacity, and not as a plaintiff or class member in any class, collective, coordinated, or representative proceeding. If 25 or more similar demands for arbitration are filed by or with the coordination of the same or coordinated counsel, the parties agree the demands may be batched and resolved through bellwether proceedings, and Nightlife Gigs LLC may elect to have all such claims proceed in court instead of arbitration.
30-Day Opt-Out: You may opt out of this arbitration agreement by emailing hello@startender.app within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out does not affect any other provision of these Terms.
If any portion of this Section is found unenforceable, the remainder will continue to apply; however, if the class-action waiver is held unenforceable, this entire Section is void.
Invalid provisions do not affect remaining Terms.
These Terms and Privacy Policy constitute the entire agreement.
You consent to receive agreements, notices, disclosures, and other communications from us electronically — by email, in-app message, push notification, or by posting to the Platform — and you agree that these satisfy any legal requirement that a communication be in writing. Keep your email address current; a notice sent to the address on your account is effective when sent.
We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our written consent. Sections concerning content licenses, data rights, disclaimers, limitation of liability, release, indemnification, and dispute resolution survive termination of your account. Our failure to enforce any provision is not a waiver of it, and section headings are for convenience only.
If you send us suggestions or ideas about the Platform, you grant us an unrestricted, royalty-free right to use them without obligation or compensation to you.
Governed by the laws of the State of New York.
We respect intellectual-property rights and respond to notices of alleged copyright infringement. If you believe content on the Platform infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent at hello@startender.app. We will remove or disable access to material that is the subject of a valid notice and will terminate repeat infringers in appropriate circumstances. You may submit a counter-notice as provided by the DMCA.
If you obtained the app through the Apple App Store, you acknowledge that these Terms are between you and Nightlife Gigs LLC only, and not with Apple, and that Apple is not responsible for the app or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Apple has no obligation to furnish any maintenance or support for the app, and no warranty obligation with respect to it. You represent that you are not located in a U.S.-embargoed country or on a U.S. prohibited-party list, and that you will comply with the Apple Media Services Terms and Conditions.
Nightlife Gigs LLC
Owner: Theodore James Miller
Email: hello@startender.app
Mail: 42 Maspeth Ave, Brooklyn, NY 11211
Legal notices, DMCA notices, and arbitration demands may be sent to either address above.