01Acceptance
By creating a NEAR account, downloading the NEAR iOS app, or using getnear.app, you agree to these Terms of Service and to our Privacy Policy. If you don't agree, please don't use NEAR.
02Who can use NEAR
- You must be at least 13 years of age.
- If you're between 13 and the age of majority where you live, you may use NEAR only with the involvement of a parent or legal guardian.
- You can't use NEAR if you've previously been banned by us, or if applicable law prohibits us from offering it to you.
03Your account
You're responsible for the activity that happens on your account, including keeping your login credentials secure and the device you sign in on physically secure. If you suspect unauthorized access, email management@getnear.app right away.
You agree to give us accurate information when signing up and to keep it accurate.
04How to use NEAR
NEAR exists to remove a single friction: walking up to a stranger you'd otherwise never speak to. Use it for that.
Don't:
- Impersonate anyone or misrepresent who you are.
- Use NEAR to harass, threaten, stalk, intimidate, or sexually harass other users.
- Post or share content that is illegal, hateful, sexually explicit, or that you don't have the right to share.
- Use NEAR for advertising, lead generation, recruiting, soliciting, or any other commercial purpose without our written permission.
- Try to identify NEAR users without their consent (e.g. recording, photographing, or tracking them on the basis of a NEAR encounter).
- Reverse engineer, scrape, or otherwise extract data from NEAR.
- Use bots, scripts, or automation to interact with NEAR.
- Use NEAR in a way that interferes with the service or other people's use of it.
- Use NEAR to violate any law where you are.
We may remove content, suspend, or terminate accounts that break these rules. We try to be fair; we don't always get it right; we'll talk to you about it.
05Your content
The profile data you put into NEAR — your name, photo, bio, social handles — is yours. You keep ownership of it.
By putting it into NEAR, you give us a worldwide, royalty-free, non-exclusive license to host, store, transmit, and display that content for the sole purpose of operating NEAR (e.g. showing your profile to nearby NEAR users while you're sharing). The license ends when you delete the content or your account, except for backups we retain for a short period in the ordinary course of business.
06Our content
The NEAR app, the NEAR name, the wordmark, the logo, the radar mark, all software, design, copy, and feature set are owned by NEAR or our licensors. You may not copy, modify, distribute, or create derivative works without our written permission, except as fair use allows.
07Privacy
Our Privacy Policy describes what we collect, what we don't, and what we do with it. The short version: we never collect or store your GPS location, and we don't sell your data.
08Availability
NEAR is offered on an "as is" basis. We work hard to keep it up, but we don't promise it will be available 24/7, free of bugs, or compatible with every device. We may change, add, or remove features over time, including for free.
09Termination
You can stop using NEAR at any time and delete your account from inside the app or by emailing us.
We may suspend or terminate your account if you break these Terms, if your use of NEAR creates risk for us or other users, or if we are required to by law. We'll give you reasonable notice where we can.
10Disclaimers
NEAR shows you other people. People are unpredictable. We can't and don't verify the identity, age, or background of any NEAR user, and we make no representation about the people whose profiles you see in the app. Use your judgment, meet in public if you choose to meet, and trust your instincts.
To the maximum extent allowed by law, NEAR and everyone working on it disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11Limitation of liability
To the maximum extent allowed by law, NEAR is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of your use of (or inability to use) the service.
Our total liability for any claim arising out of or relating to these Terms or the service is limited to the greater of (a) $100 USD or (b) the amount you've paid us in the 12 months before the claim. NEAR is currently free, so usually that's $100.
12Indemnification
You agree to indemnify and hold NEAR harmless from any claim, loss, or expense (including reasonable legal fees) arising from your violation of these Terms, your content, or your misuse of the service.
13Governing law & venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Any dispute that isn't required to be arbitrated will be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction there.
If you live somewhere whose mandatory consumer protection laws would override this, those laws apply to you to the extent they must.
14Changes to these Terms
We may update these Terms from time to time. If we make a material change, we'll update the Effective date and notify you in-app or by email before the change takes effect. If you keep using NEAR after a change, you accept the new Terms.
15Contact
NEAR · Miami, FL · United States