Nearblink Terms of Service
Effective Date: June 12, 2025
Welcome to Nearblink! These Terms of Service ("Terms") govern your access to and use of the Nearblink mobile application and related services ("Service" or "Nearblink"), provided by [Your Company Name], located in the United States ("we", "us", or "our").
By creating an account or using Nearblink, you agree to these Terms and our Privacy Policy.
1. Eligibility
You may use Nearblink only if you are legally permitted to enter into a binding contract under applicable law and agree to abide by these Terms and all relevant laws and regulations. You may not use Nearblink if:
1. You are under 13 years old or otherwise require parental or guardian consent to use online services under laws such as COPPA. By using Nearblink, you represent and warrant that you are 13 or older.
2. You are a registered sex offender in any jurisdiction or are subject to a legal order prohibiting access to online services used by minors;
3. Your account has been previously suspended or terminated due to violations of these Terms, our Privacy Policy, or other applicable Nearblink policies;
4. Nearblink is not offered or authorized in your location or jurisdiction; or you are otherwise prohibited by law from using or accessing this type of service.
We reserve the right to deny access to Nearblink to any individual or household, at any time, for any reason, including the protection of our community.
2. Child Safety and Abuse Prevention
Nearblink maintains a strict policy against any form of child sexual abuse or exploitation. We are committed to creating a safe environment and will take immediate action in the following ways:
1. Zero Tolerance Policy: Any content or behavior related to the sexual abuse, exploitation, or endangerment of minors is strictly prohibited.
2. Reporting Mechanism: Users can report harmful behavior or inappropriate content directly within the app or by contacting our safety team at info@nearblink.com.
3. Enforcement and Cooperation: We actively monitor content and will remove any material suspected of endangering minors, suspend or ban accounts, and notify authorities.
4. Ongoing Review: We continually update our safety practices to ensure compliance.
3. Your Account
You agree to provide accurate and complete information when creating your Nearblink account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You are liable for all activities conducted through your account unless you can demonstrate unauthorized use.
4. User Content and Conduct
You may post text and participate in chatrooms and one-on-one chats with other users. You are solely responsible for the content you post.
You agree not to:
Post or share unlawful, harmful, or harassing content
Impersonate others or misrepresent your identity
Use Nearblink for commercial purposes without our consent
Attempt to access or scrape data from users or the app unlawfully
Use Nearblink for any illegal, harmful, or unauthorized purpose.
Post, share, or transmit content that is defamatory, obscene, hateful, discriminatory, or infringes on the rights of others (e.g., intellectual property, privacy).
Harass, bully, or threaten other users, or engage in abusive behavior.
Impersonate another person or misrepresent your identity or affiliations.
Use automated tools (e.g., bots, scrapers) to access or collect data from the App.
Attempt to hack, disrupt, or interfere with the App's functionality, servers, or security measures.
Reverse engineer, decompile, or otherwise attempt to access the App's source code.
Use the App to distribute spam, malware, or unauthorized advertisements.
5. Privacy
Your privacy is important to us. We collect and store personal information including your name, email, location, social media links, and conversation data. Please review our Privacy Policy for full details on how we collect, use, and protect your data.
6. Messaging and Location Features
Nearblink enables communication through chatrooms and private messages. It also uses location data to connect users based on proximity. You consent to the use of your device’s location services when using Nearblink. Nearblink relies on your exact location to connect you with nearby users. By enabling location services, you consent to the collection and use of your location data as described in our Privacy Policy. You may disable location services at any time, but this may limit core App functionality.
7. License and Intellectual Property
We grant you a limited, non-exclusive, non-transferable license to use Nearblink for personal, non-commercial purposes. All rights, title, and interest in the app and content (excluding your own) remain with Nearblink and its licensors.
Ownership: You retain ownership of the content you create or share through Nearblink (e.g., posts, comments, messages) (“User Content”). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, display, distribute, and modify your User Content solely to operate, promote, and improve the App.
Responsibility: You are solely responsible for your User Content. You represent that your User Content does not violate these Terms, applicable laws, or the rights of others.
Content Moderation: We reserve the right to review, remove, or restrict User Content that violates these Terms or is otherwise objectionable, at our sole discretion, without prior notice.
Feedback: If you provide feedback or suggestions about Nearblink, you grant us the right to use and implement such feedback without compensation or restriction.
8. Termination
By You: You may stop using Nearblink and delete your account at any time through the App’s settings. Account deletion may result in the loss of your User Content and access to premium features.
By Us: We may suspend or terminate your account or access to the App, with or without notice, if you violate these Terms, engage in prohibited conduct, or for any other reason at our sole discretion.
Effect of Termination: Upon termination, your license to use the App ends, and you must cease all use. Sections 4 (User Content and Conduct), 7 (License and Intellectual Property), 12 (Disclaimers), 13 (Indemnification), and 14 (General Provisions) will survive termination.
9. In-App Purchases and Payments
Purchases: Nearblink may offer in-app purchases (e.g., premium features, subscriptions). All payments are processed securely through Stripe, as described in our Privacy Policy.
Pricing and Terms: Prices and terms for in-app purchases are displayed in the App. You agree to pay all applicable fees and taxes. Purchases may be subject to additional terms from the Apple App Store or Google Play Store.
Non-Refundable: All in-app purchases are non-refundable, except as required by law or the applicable app store’s refund policies.
Subscription Cancellation: If you subscribe to a premium feature, you may cancel your subscription through the App or app store settings. Cancellation takes effect at the end of the current billing cycle, and no partial refunds are provided.
10. Intellectual Property
Our Content: The App, including its design, code, logos, trademarks, and content (excluding User Content), is owned by Software Harbor LLC or our licensors and protected by copyright, trademark, and other intellectual property laws.
Limited License: We grant you a non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes, subject to these Terms.
Restrictions: You may not copy, modify, distribute, sell, or create derivative works from the App or its content without our prior written consent.
11. Third-Party Services and links
Nearblink integrates with third-party services, such as Firebase (backend), Google Analytics (analytics), and Stripe (payments), as well as social media platforms for account linking. These services are governed by their own terms and privacy policies, and we are not responsible for their practices.
The App may contain links to third-party websites or services. We do not endorse or control these third parties and are not liable for their content or actions. You access third-party links at your own risk.
12. Disclaimers
To the fullest extent allowed by law, Nearblink and its affiliates shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service.
Nearblink is provided "as is" without warranties of any kind. We do not guarantee that the Service will be error-free, uninterrupted, or secure.
As-Is Basis: Nearblink is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the App will be uninterrupted, error-free, or secure.
User Interactions: You are responsible for your interactions with other users. We are not liable for any disputes, harm, or damages arising from user interactions or User Content.
Third-Party Services: We are not responsible for the availability, accuracy, or practices of third-party services (e.g., Firebase, Google Analytics, Stripe, social media platforms).
Limitation of Liability: To the maximum extent permitted by law, Software Harbor LLC, its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of data, profits, or goodwill, arising from your use of or inability to use the App, even if advised of the possibility of such damages. Our total liability to you will not exceed the amount you paid to us in the twelve (12) months prior to the claim, or $100 if you have not paid.
Location Accuracy: While we strive to provide accurate location-based connections, we do not guarantee the precision or reliability of location data, and you use such features at your own risk.
13. Indemnification
You agree to indemnify, defend, and hold harmless Nearblink, Software Harbor LLC, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:
Your use of the App or violation of these Terms.
Your User Content or interactions with other users.
Your violation of any third-party rights, including intellectual property or privacy rights.
Any breach of applicable law.
14. General Provisions
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Software Harbor LLC regarding your use of Nearblink, superseding any prior agreements.
We may update these Terms at our discretion. We will notify you of significant changes via in-app notifications, email, or by posting the updated Terms in the App. Your continued use of the App after the effective date constitutes your acceptance of the revised Terms.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
You may not assign these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
These Terms do not confer any rights or benefits to third parties, except as expressly stated.
We are not liable for delays or failures to perform due to events beyond our reasonable control (e.g., natural disasters, server outages).
15. Governing Law
These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. If you have a dispute, please contact us at info@nearblink.com to attempt to resolve it informally. You agree to resolve any other dispute not resolved informally exclusively in the courts located in Miami Dade Florida.
12. Changes to These Terms
We may update these Terms from time to time. We’ll notify you of material changes via the app or email. Continued use of Nearblink after changes means you accept the revised Terms.
13. Contact Us
If you have any questions about these Terms, please contact us at info@nearblink.com.