Nearblink Terms of Service

Introduction

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 Software Harbor LLC, 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 18 years old. By using Nearblink, you represent and warrant that you are 18 or older. This is a location-based social platform for adults only.
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 including NCMEC (National Center for Missing & Exploited Children).
4. Age Verification: We use reasonable measures to verify users are 18+, including requiring birthdate during registration and monitoring for suspicious activity patterns.
5. Ongoing Review: We continually update our safety practices to ensure compliance with COPPA, CSAM detection requirements, and platform policies.

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
• 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.

6.7 Location Technology Limitations

Nearblink uses GPS and network-based location services. You acknowledge:

• GPS Accuracy Varies: Device location accuracy ranges from 3 meters (optimal conditions) to 100+ meters (indoors, urban canyons, poor signal)
• Platform Precision: We round locations to approximately 150 meters (~500 feet) using geohashing for privacy
• Location Spoofing: Some users may use tools to falsify their location. We attempt to detect this but cannot guarantee accuracy
• No Safety Guarantee: Never rely on location data for personal safety decisions. Always verify independently
• Network Dependency: Location features require active internet connection and may not function in all areas

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 and Ban Enforcement

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.

8.1 Ban Enforcement

When an account is banned for Terms violations, we enforce bans at multiple levels:

• Account Ban: Your account is permanently suspended and cannot be reactivated
• Device Ban: All devices associated with your account (up to 10) are blocked from creating new accounts
• Email Ban: Your email address is blocked from registering new accounts

8.2 Ban Evasion

Attempting to circumvent a ban constitutes a further violation of these Terms. Ban evasion includes:

• Creating new accounts after being banned
• Using different devices to access Nearblink after a ban
• Using VPNs, proxies, or other tools to mask your identity
• Having others create accounts on your behalf

Ban evasion may result in immediate termination of any new accounts and may be reported to law enforcement if the original ban was for illegal activity.

8.3 No Refunds for Banned Accounts

If your account is banned for Terms violations, you are NOT entitled to a refund of any subscription fees, in-app purchases, or other payments. By using Nearblink, you agree that violation of these Terms forfeits any refund rights.

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 Subscriptions

Subscription Tiers

Nearblink offers two subscription options:

• Free: All features with advertisements
• Pro ($9.99/month or $79.99/year): All features, no ads, Pro badge, and priority support

Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before renewal. Your payment method will be charged the subscription fee upon renewal.

Price Changes

We may change subscription prices with 30 days notice. Continued use after the price change takes effect constitutes acceptance of the new price.

Cancellation

You may cancel your subscription at any time through:

• iOS: Settings → [Your Name] → Subscriptions
• Android: Google Play Store → Menu → Subscriptions
• In-app: Settings → Subscription Management

Refunds

All subscription payments are non-refundable except:

• Where required by law
• For technical issues preventing service access (at our discretion)
• Within app store refund policies

Payment Processing

Payments are processed by RevenueCat and the respective app stores. We do not store your payment information directly.

9.1 Billing Disputes

If you believe you have been incorrectly charged:

• Contact Us First: Email billing@nearblink.com or info@nearblink.com within 30 days of the charge
• Provide Documentation: Include your account email, date of charge, and amount disputed
• Resolution Timeline: We will investigate and respond within 10 business days

9.2 Chargebacks

Filing a chargeback (dispute) with your bank or credit card company without first attempting to resolve the issue with us may result in:

• Account Suspension: Your account may be immediately suspended pending investigation
• Service Termination: Repeated or fraudulent chargebacks may result in permanent account termination
• Collection Actions: We reserve the right to pursue collection of disputed amounts found to be valid
• Chargeback Fees: You may be responsible for chargeback fees assessed to us by payment processors

We will cooperate with payment processors to provide evidence of service delivery and Terms acceptance.

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.

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, agents, successors, and assigns from any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use of the App or violation of these Terms
• Your User Content or interactions with other users, both online and offline
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any breach of applicable law
• Any in-person meetings or interactions with other users, including but not limited to personal injury, property damage, emotional distress, or death
• Any false or misleading information you provide, including false age representation
• Any claims by third parties arising from your conduct or content
• Your violation of any safety guidelines or recommendations provided by us

14. Dispute Resolution and Arbitration

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Nearblink shall be resolved through binding arbitration, except:

• You may bring claims in small claims court if eligible
• Either party may seek injunctive relief for intellectual property violations

Arbitration Process

Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration will be held in Miami-Dade County, Florida, or via videoconference. The arbitrator's decision will be final and binding.

Class Action Waiver

YOU AGREE TO BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Opt-Out

You may opt out of arbitration by sending written notice to info@nearblink.com within 30 days of first using Nearblink.

15. Accessibility

Software Harbor LLC is committed to making Nearblink accessible to all users, including those with disabilities. We strive to follow Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards where applicable.

Current Accessibility Features

• Support for screen readers on iOS (VoiceOver) and Android (TalkBack)
• High contrast mode support
• Text size adjustment through system settings
• Alternative text for images where appropriate

Accessibility Feedback

We welcome feedback on accessibility. If you encounter barriers, please contact us at:

• Email: accessibility@nearblink.com or info@nearblink.com
• Subject Line: Accessibility Feedback
• Please describe the issue and your assistive technology if applicable

We will make reasonable efforts to address accessibility issues, though some features may have limitations due to technical constraints.

16. 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).

16. Governing Law

These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. Subject to the arbitration provision above, you agree to resolve any disputes exclusively in the courts located in Miami-Dade County, Florida.

17. 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.

18. Contact Us

If you have any questions about these Terms, please contact us at:

By using Nearblink, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.