Terms and Conditions

1. Who can use NearBy

You must be at least 13 years old to use NearBy. If you're under 18, you confirm you have permission from a parent or guardian. You're responsible for keeping your account credentials secure and for anything that happens under your account.

2. What NearBy does

NearBy lets you build a private circle of friends and get notified when someone in that circle is within a distance you choose. Location sharing is off by default and only turns on when you enable nearby alerts. Only people you've invited, and who've accepted, can ever see information about your location.

3. Location sharing and your circle

When you turn on nearby alerts, NearBy uses your device's location to determine your distance from people in your circle. You control this at all times:

• Sharing is opt-in and can be turned off instantly from Settings.
• You can choose to share your exact distance with a friend, or switch them to circle-only mode, where they only see whether you're within range, not how far away.
• Your location is used to power alerts and is not sold or shared with advertisers.

4. Acceptable use

NearBy is for staying loosely connected with people you trust. You agree not to:

• Use NearBy to monitor, stalk, or harass another person.
• Invite someone to a circle without their knowledge or consent.
• Impersonate another person or misrepresent your identity.
• Attempt to access another user's location or account data without authorization.
• Reverse engineer, decompile, or interfere with the App or its infrastructure.

We may suspend or terminate accounts that violate these rules, with or without notice, at our discretion.

5. Near Pro subscription

NearBy offers an optional paid plan, Near Pro, at $1.99 per month. Near Pro removes the free plan's circle-size limit and unlocks a custom alert radius with no upper limit.

• Subscriptions are billed and managed through the Apple App Store and renew automatically unless cancelled.
• You can cancel anytime through your Apple ID subscription settings; cancellation takes effect at the end of the current billing period.
• Refunds are handled by Apple according to their standard policies, not directly by us.
• We may change Near Pro's price or features going forward; we'll give you notice before any change takes effect for existing subscribers.

6. Your content and invites

Invite links you generate are personal to your account. You're responsible for who you share them with. We may deactivate an invite link at any time, including for suspected misuse.

7. Account termination and deletion

You can request account deletion at any time from Settings. This removes your local data from your device and starts a support-coordinated process to delete your account and subscription records. We may also suspend or terminate your account if you violate these Terms or if we discontinue the Service.

8. Disclaimers

NearBy is provided "as is" and "as available," without warranties of any kind, whether express or implied. We don't guarantee that alerts will always be accurate, timely, or delivered, or that the Service will be uninterrupted or error-free.

9. Limitation of liability

To the fullest extent permitted by law, Jackson Hickey is not liable for any indirect, incidental, or consequential damages arising from your use of NearBy, including damages related to inaccurate location data, missed or delayed alerts, or actions taken by other users. Our total liability for any claim related to the Service is limited to the amount you paid us, if any, in the twelve months before the claim arose.

10. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we'll notify you through the App or by other reasonable means before they take effect. Continuing to use NearBy after changes take effect means you accept the updated Terms.

11. Governing law

These Terms are governed by the laws of The United States of America, without regard to conflict of law principles.

12. Contact

Questions about these Terms can be sent to support@benearby.app.