1. The agreement
These Terms of Use (“Terms”) govern access to the website at the-access-app.com and the Access mobile application for iOS and Android (together, the “Services”). They are a contract between you and The Access, not Apple, Google or any venue or creator you meet through the Services.
If you use the Services on behalf of a venue or brand, you confirm that you have authority to bind that business. Our Privacy Policy explains how we handle personal information and is part of how the Services operate.
We may update these Terms when the Services change. The “Last updated” date will change when we do. Continued use after an update means you accept the new Terms. The current version is always at the-access-app.com/terms/.
2. Our role
The Access is a technology platform and marketplace intermediary. We provide tools so venues can publish invitations and creators can apply, accept, check in and upload proof. We are not a restaurant, hotel, club, talent agency, employer, booking agent, insurer or party to the collaboration between a venue and a creator.
- Any invitation, hosted experience, complimentary item, content brief or other exchange is between the venue and the creator.
- We do not guarantee that a creator will be approved, invited, accepted or paid, or that a venue will receive content, attendance or results.
- We may review applications, profiles and proof to operate an exclusive network. Review is discretionary and does not make us a party to any collaboration or a guarantor of anyone’s performance.
- Communications, approvals, cancellations and reports that pass through the app are records of what the parties told us. They are not a warranty by The Access.
3. Eligibility
You must be at least 18 years old to create an account or use the app. The Services include nightlife, dining and other adult hospitality settings. Do not apply if you are under 18.
You must provide accurate information, keep your login secure and tell us if you believe your account has been misused.
4. Accounts and access
Access to the creator network is not automatic. You may need to complete a profile, connect Instagram by sending a validation token to @theaccessapp, and wait for our review. Applying does not guarantee approval, invitations or collaborations.
We may refuse, suspend or close an account at any time, including for repeated no-shows, missed deliverables, false information, abuse, or conduct that harms venues, creators or the network. Upcoming event spots on a closed account may be cancelled so venues are not left expecting you.
You can delete your account in the app. Deletion is described in the Privacy Policy.
5. Collaborations
A collaboration starts when a venue publishes an invitation and a creator applies or is invited, then accepts. The invitation may include date, location, dress code, house rules, what is offered and what content is requested. By accepting, the creator agrees to those terms with the venue, not with The Access.
- Venues are solely responsible for the accuracy of the brief, capacity, what is included and how guests are treated on site.
- Creators are solely responsible for deciding whether an invitation fits them, attending as agreed and delivering the requested content.
- We may show a creator’s work, city, interests and history to a venue so the venue can choose. Audience and demographic data are not shown on the creator profile.
- A venue or creator may decline or cancel according to the status rules in the app. We are not obliged to replace a cancelled spot or find another match.
6. Attendance and cancellation
If you accept an invitation, you must attend unless you cancel in time. The app allows a creator to cancel up to 24 hours before the event starts. After that window, cancellation in the app is blocked. A late cancellation or a no-show may be recorded on your history and can lead to suspension.
Attendance is confirmed at the venue with a check-in code or QR scan. Door staff may see your name, photo and Instagram handle to confirm you are the right guest. The Access is not present at the door and is not responsible if you are refused entry, asked to leave, or unable to check in because of venue policy, identification, dress code, capacity or conduct.
Venues and administrators may also cancel an invitation or an event. If that happens, your remedy is against the venue, not The Access, except for any in-app status update we choose to provide.
7. Content and deliverables
After attendance, a venue may ask you to upload proof of agreed content, such as photos or short videos. Uploading proof through the app is how you show the venue you completed the brief. Unless you and the venue agree otherwise in writing:
- You keep ownership of content you create.
- You grant the venue a licence to use that content for the purpose of the collaboration and to verify delivery.
- You grant The Access a licence to host, display and store the files on the Services so we can operate the record of the collaboration.
You are responsible for having the rights to everything you upload and for any disclosure, advertising or permit rules that apply to sponsored or hosted content in your country, including Spain and the United Arab Emirates. The Access does not post to Instagram on your behalf and does not clear music, people, trademarks or locations for you.
We may review, hide or remove files that appear unlawful, harmful or outside the brief. Doing so does not make us the editor or publisher of your work, and we have no duty to monitor every upload.
8. Venue experiences
Hosted meals, stays, nightlife, wellness visits and similar offers are provided by the venue. The Access does not own, operate, inspect or staff those places. We are not responsible for food, drink, alcohol, allergens, injury, loss, theft, discrimination, overbooking, closing times or the quality of the experience.
If something goes wrong on site, take it up with the venue. Emergency, medical and security issues are for local services and the venue, not the app.
9. Payments
The Access does not currently process payments between creators and venues. Any complimentary experience, fee or other consideration is arranged and fulfilled by those parties. We are not a payment intermediary, escrow or collection agent, and we do not guarantee that anyone will be paid or that a hosted offer has a particular cash value.
10. Acceptable use
You agree not to misuse the Services. That includes creating a false profile, impersonating someone, scraping or disrupting the app, harassing staff or other users, bringing uninvited guests when the brief does not allow it, or using the network for anything unlawful. We may remove content or close accounts that break these rules.
11. Disclaimers
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, The Access disclaims all warranties, including that the app will be uninterrupted, that matches will be suitable, that attendance or content will occur, or that any venue or creator is who they claim to be.
Vetting, approval badges and history inside the app are internal operating tools. They are not a certification, background check, credit rating or professional endorsement.
12. Limitation of liability
To the fullest extent permitted by applicable law, The Access and its operators, officers and contractors are not liable for:
- any dispute, loss or claim arising from a collaboration between a venue and a creator;
- no-shows, cancellations, refused entry, poor content or missed deliverables;
- injury, illness, allergic reaction, property damage or other harm at a venue;
- lost profits, lost opportunity, reputational harm or indirect or consequential loss;
- third-party services such as Apple, Google, Instagram, Supabase or map providers.
If we are found liable despite these Terms, our total liability for all claims relating to the Services is limited to the greater of (a) the fees you actually paid us for the Services in the three months before the claim, or (b) fifty euros (€50). Because we do not currently charge a platform fee to creators in the app, that amount will often be €50.
Nothing in these Terms excludes liability that cannot be limited under mandatory law, including liability for death or personal injury caused by our own negligence or for fraud. If you are a consumer in the European Economic Area or the United Kingdom, you keep any non-waivable statutory rights.
13. Indemnity
You will defend and indemnify The Access against claims, damages and reasonable legal costs arising from your use of the Services, your collaboration with a venue or creator, your content, your attendance or no-show, or your breach of these Terms, except to the extent the claim is caused by our wilful misconduct.
14. App Store terms
If you download the app from the Apple App Store, Apple’s standard licensed-application terms also apply where they do not conflict with these Terms. The licence to use the iOS app is limited, non-exclusive and non-transferable, for use on Apple-branded devices you own or control. The Access, not Apple, is responsible for the app and for any claims relating to it, including product liability, legal compliance and intellectual-property claims, subject to the limits in these Terms. Apple and Apple’s subsidiaries are third-party beneficiaries of this section and may enforce it. Maintenance and support, if any, are our responsibility, not Apple’s. If the app fails to conform to an applicable warranty, you may notify Apple and Apple may refund the app purchase price to you, if you paid one; to the maximum extent permitted by law, Apple has no other warranty obligation.
15. Governing law
These Terms are governed by the laws of Spain, without regard to conflict-of-law rules, except that mandatory consumer protections in your country of residence still apply. If you use the Services in the United Arab Emirates, local mandatory rules may also apply. Courts in Madrid, Spain have non-exclusive jurisdiction, without limiting any right you have to bring a claim in your local consumer courts.
If a court finds any part of these Terms unenforceable, the rest remains in effect. These Terms are the entire agreement between you and The Access about the Services and replace any earlier terms about the same subject.
16. Contact
Legal notices: privacy@theaccess.app
Website: the-access-app.com
Privacy: Privacy Policy