Terms of Service

Last Updated: January 2026 | App Version: 1.0.1

Thank you for using NearBy. These Terms of Service ("Terms") govern your access to and use of the NearBy mobile application ("App") and related services ("Services"). By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using NearBy, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use the App.

2. Description of Service

NearBy is a location-based discovery application that helps users explore and learn about interesting places around them. The App provides:

  • Real-time location-based point of interest (POI) discovery
  • Multi-source data enrichment from Wikipedia, Foursquare, Google Places, and Apple Maps
  • Interactive maps and place information
  • Personal favorites and synchronization via CloudKit
  • Proximity-based notifications
  • Audio narration features

3. Eligibility

You must be at least 13 years old to use NearBy. By using the App, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms.

4. User Accounts

NearBy uses Apple Sign-In and CloudKit for account management. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

5. Permissions and Location Services

NearBy requires certain permissions to function properly:

  • Location Services: Required for discovering nearby points of interest. You can choose "While Using App" or "Always Allow" in iOS Settings.
  • Background Location: Used only for proximity notifications when you approach interesting places. This is optional and can be disabled.
  • Notifications: Required for proximity alerts. Can be managed in iOS Settings.

You can revoke these permissions at any time through iOS Settings, though this may limit the App's functionality.

6. Acceptable Use

You agree not to:

  • Use the App for any illegal or unauthorized purpose
  • Violate any laws in your jurisdiction
  • Interfere with or disrupt the App or servers connected to the App
  • Attempt to gain unauthorized access to the App or related systems
  • Use automated systems to access the App without permission
  • Reproduce, duplicate, copy, sell, or exploit any portion of the App without express written permission

7. Intellectual Property

The App and its original content, features, and functionality are owned by NearBy Things and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Data provided by third-party sources (Wikipedia, Foursquare, Google Places, Apple Maps) is subject to their respective terms and licenses.

8. Third-Party Services

NearBy integrates with third-party services:

  • Apple Services: CloudKit, Apple Maps, Apple Sign-In (subject to Apple's Terms of Service)
  • Google Services: Google Places API, Google Mobile Ads (subject to Google's Terms of Service)
  • Foursquare: Foursquare Places API (subject to Foursquare's Terms of Service)
  • Wikipedia: Wikipedia API (subject to Wikipedia's Terms of Use)

Your use of these third-party services is subject to their respective terms and privacy policies.

9. Advertising

NearBy is supported by relevant advertisements through Google Mobile Ads (AdMob). You can manage ad preferences in the App Settings. By using the App, you acknowledge that you may see advertisements.

10. Privacy

Your use of NearBy is also governed by our Privacy Policy. Please review the Privacy Policy to understand how we collect, use, and protect your information.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The App will be uninterrupted, secure, or error-free
  • Defects will be corrected
  • The App or servers are free of viruses or other harmful components
  • Location data or place information is accurate, complete, or current

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEARBY THINGS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE APP.

13. Indemnification

You agree to indemnify and hold harmless NearBy Things from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to your use of the App or violation of these Terms.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by updating the "Last Updated" date at the top of this page. Your continued use of the App after such changes constitutes acceptance of the new Terms.

15. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the App will cease immediately.

You may stop using the App at any time by uninstalling it from your device.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which NearBy Things operates, without regard to its conflict of law provisions.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NearBy Things regarding the use of the App.

19. Contact Information

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

NearBy Things
Website: nearbythings.app
Contact: Contact Us

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

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