NearYou General Conditions of Use

Last updated: February 17, 2025

I. PREAMBLE

NearYou is an application designed to facilitate the connection of people living in the same neighborhood in order to create a dynamic and supportive community, and to encourage the exchange of services and local information.

The owner of the NearYou Services and in particular its Application is Mr. Pierre MARTIN. Address: 13 rue Ste Croix de la Bretonnerie, 75004 PARIS. Email : pierremartin.developer@gmail.com.

By using the NearYou Services and in particular its Application, any User of the Application agrees to be bound by the Terms of Use.

A User who does not accept the Terms of Use, can not continue to use and must cease all use of the Services of NearYou and in particular of its Application, without prejudice to the respect of the obligations having vocation to continue at the end of this use.

By connecting to the Application and using the Services, the User is deemed to have accepted the Terms of Use.

The General Conditions of Use may be updated at any time by NearYou without notice or obligation to give reasons for its decision. The User is therefore invited to regularly check it to be informed of any changes.

Definitions of terms

Each of the terms mentioned below in the Terms of Use will have the following meaning:

"Application" means the mobile application marketed under the name "NearYou" created and published by Pierre MARTIN running on iOS and Android allowing access to User Services.
"Terms of Use" means these Terms of Use
"Personal Account" means the account of the User allowing him to access the Services of the Application.
"Content (s)" means without this enumeration being exhaustive of any element, content and information, including trademarks, names, logos, texts, images, photographs, music, videos, drawings, models, software , databases, etc., published on the Application by a User.
"Chat" means the online service made available to Users on the Application that allows them to instantly exchange and communicate with one or more other Users and / or with a member of the NearYou team.
"Message" means a message sent by User to another User via Chat.
"Parties" means together NearYou and a User.
"Services" means the services provided by NearYou to Users namely: (i) a service linking Users and (ii) a private chat between Users.
"User (s)" means any person who has opened a personal account on the Application and uses the Services.

II. ACCESS TO SERVICES

1. Eligibility to use the Services

Access to the Services is only allowed to adults. Thus, by connecting to the Application and creating a Personal Account, the User acknowledges that he is at least eighteen years old and undertakes to guarantee his full legal capacity to conclude a contract with NearYou.

2. Connecting to the Application

The connection of the User to the Application is made through his Facebook, Apple or Google account or through an account linked to his mail address. The User is informed that by agreeing to connect to the Application via Facebook, Apple or Google, he authorizes NearYou to use certain information from his account such as the information available on his profile.

The User is responsible for maintaining the confidentiality of his Facebook, Apple or Google credentials. The User undertakes, therefore, to inform NearYou of any fraudulent use by a third party of his account and this, as soon as he becomes aware of it. It recognizes, as such, the right for NearYou to take all appropriate measures in such a case and also acknowledges being solely responsible for the use of its identifiers by third parties or actions made by such third parties fraudulent or not.

The User acknowledges and agrees that NearYou may at any time suspend or terminate the connection to the Application in the event that the content of the Account would reveal publications contrary to the laws and regulations in force, as well as the provisions of the Terms of Service.

Upon registration, the User agrees to these Terms of Use and the Privacy Policy and agrees to comply with its obligations.

3. Access to Services

Access to the Services is subject to the opening by the User of a Personal Account whose creation is free. The information necessary to open the Personal Account is collected from the User who certifies that this information is accurate, truthful and consistent with reality and expressly guarantees not to impersonate a third party.

In the event that the User impersonates a third party, the latter acknowledges that NearYou may immediately, without notice or compensation, suspend or close the User's Personal Account.

In no event shall NearYou be held liable in the event of the usurpation of the identity of a User. The Parties acknowledge that any access and / or action performed from the Personal Account of a User will be presumed to be made by this User to the extent that NearYou is not obliged and does not have the technical means to to ensure the identity of the persons having access to the Application.

The User has the option of modifying the information related to his profile provided that it is not detrimental to the rights of third parties. The User is informed that in the event that such information proves to be threatening, vulgar, obscene, defamatory, discriminatory, hateful, or if it infringes a third party's intellectual property right or the reputation of NearYou, NearYou would have the right to request the User immediate modification of this type of information and in case of refusal on his part, to suspend or close his Personal Account.

The User also undertakes not to open and / or multiply the "ghost" accounts, otherwise inactive, on the Application and acknowledges that NearYou, from the discovery of accounts of this type, reserves the right to delete them without delay.

III. DESCRIPTION OF SERVICES

The Services offered on the Application allow all Users having a Personal Account to be put in contact with one or more other Users. The Application provides Users with the opportunity to make contact with each other in order to establish a virtual or real contact, as they see fit. Each User is free to discuss and establish relations with other Users in compliance with these Terms of Use.

IV. OBLIGATIONS OF THE USER

The User agrees to:

adopt a correct and respectful attitude towards other Users
be honest in his statements
respect intellectual or industrial property rights
not upload photos of a third party
not using any software, application, interface or help from a third party to interfere in making contact with other Users of the Application
remain courteous with other Users
not to affect the Services or the Application
not to publish on the Application pornographic content and photos or to undermine modesty and human dignity
do not disturb public order
not to commit the offense of defamation and, more broadly, not to use offensive language, particularly racial or discriminatory
respect the laws and rules in force
not to incite violence or to condone terrorism, war crimes or crimes against humanity
do not use the Application for the purpose of organizing gatherings and / or events.

The User is thus fully responsible for the information and the Content that he communicates to another User and the subsequent use that may be made of it. NearYou recommends to the User not to communicate confidential or sensitive information and contents such as his bank details or the banking data of others to another User. Without prejudice to the preceding stipulations, NearYou can not be responsible for the use made of this information by other Users.

In case of violation of the aforementioned provisions, the User is informed that NearYou has the option to terminate the User's Personal Account without delay and notice and to make his access to the Application and the Services unavailable.

2. Information and Content broadcast

The User is free to broadcast the content of his choice on the Application provided that this Content is not contrary to the legal and regulatory provisions in force, nor does it affect the rights of a third party.

The User acknowledges that he is responsible for any Content published on the Application and thus undertakes not to broadcast Content that contravenes the laws and regulations in force, or that infringes the rights of third parties, or that is vulgar, discriminating or offensive.

The User warrants, in particular, that the published Content is not related to the repression of the apology for crimes against humanity, incitement to racial hatred, hatred towards persons because of their gender, orientation, sexual identity or disability, as well as child pornography, incitement to violence, and does not undermine human dignity.

The User further acknowledges that the published Content does not infringe the rights of third parties and that it is not, in particular, illegal and / or infringing content and guarantees to hold all the intellectual property rights therein. thereon.

The User agrees to use the Application only for personal purposes. The network must not be exploited for commercial, promotional, electoral or recruitment purposes. The sending of a Message to marketing and / or commercial purpose and / or newsletters via the Chat Application that includes, including but not limited to, content, indications or hypertext links to sites or supports of third companies , and in particular competitors of NearYou, is formally prohibited.

The User further acknowledges that any Content notified by a third party to the NearYou teams, in the form required by applicable legislation, which is manifestly unlawful, will be promptly withdrawn by NearYou teams whose aim is to effect of making said Content inaccessible without the need to inform the User in advance.

3. Real meetings

NearYou warns Users who want to make "real" encounters. It is entirely up to Users to verify the identity of the people with whom they organize these meetings. The conduct of these "real" meetings is organized independently of NearYou, under the sole responsibility of the Users. The responsibility of NearYou can not be sought for the acts and problems, whatever their nature, committed or provoked by the Users and / or former User during the events taking place following the use of the Application. In this respect, Chat voluntarily presents the advantage, again in order to preserve the peace and security of its Users, to allow Users to decide who will be allowed to see their profiles and to discuss with them (via the "Block" and "Report" features).

It is strongly recommended that you do not disclose information that does not appear on the Application Profile such as number phone, address, or last name. NearYou strongly advises, for security reasons, to organize the actual meetings only in public places with a lot of traffic or to warn a relative and to reveal their contact details only after a reasonable delay.

Equipment

The equipment (hardware or software) necessary to access the Services and all other related costs, including telecommunication costs are the sole responsibility of the User. The User is solely responsible for the material used in the Service.

V. ROLE AND RESPONSIBILITIES OF NearYou

1. Interactions between Users

NearYou is not responsible for the conduct of a User towards another User, or the words held or content disseminated by a User on the Chat or during the physical meeting between Users.

NearYou does not carry out any verification of the situation of a User, and more particularly of his legal situation, prior to his use of the Services. It is therefore incumbent upon each User to inquire about the User's situation and to notify NearYou, where appropriate, who reserves the right to alert the competent administrative or judicial services.

NearYou also disclaims all liability for all information, in particular financial information and more generally any so-called sensitive information, which may be transmitted by a User to another User in the event of fraudulent or illicit use by the party. receiving national.

2. Communication with the User

The User may receive push notifications via the Application in order to be notified of important events.

The User may adjust his preferences for push notifications from his phone.

3. Information and Content disseminated by Users

The User is solely responsible for his actions and the data he publishes via the Application.

NearYou retains the User's data for the duration necessary for the use of the Personal Account.

NearYou has the quality of host of the information and Contents diffused at their discretion by the Users on the Application and is, consequently, subjected to the regime of the weakened responsibility envisaged by the articles 6.I.2 and following of the law n 2004-575 of June 2, 2004.

NearYou cannot, as such, be held liable for the Information and Content disseminated through the Application to the extent that it has not exercised control over the Information and Content, and that it has not an effective knowledge of their manifestly unlawful character.

NearYou does not exercise any moderation of the content published by the Users and shared via the Application: in particular, no photo, text and content to which the hypertext links published by Users are redirected are checked by the NearYou teams. The User may report unlawful content that violates French law or these Terms of Use by means of the moderation tools provided by the Application.

NearYou reserves the right, in the event that too many illicit contents come from the same User, to delete his Personal Account without delay and to suspend his connection to the Application.

4. Availability and operation of the Application and Services

NearYou makes its best efforts to maintain the Application accessible to Users, subject to (i) cases of force majeure as recognized by French courts or (ii) by Users. NearYou may, however, be obliged to suspend without notice and momentarily access to the Application due to technical problems, but also for reasons of maintenance / repair / modification of the Application or Services. As such, NearYou does not guarantee uninterrupted access to the Application and the Services.

NearYou makes, besides, its best efforts to ensure the preservation of the security of the Application. However, the Application may occasionally present errors and / or bugs likely to cause malfunctions of the Services or loss of data on the Application for which NearYou cannot be responsible under any circumstances because of the useful precautions put in place. by NearYou and being specified that each User must save a copy of the data and can not claim any compensation in this respect.

NearYou can not be held responsible for any malfunction of the terminal of the User or compatibility problem between the Application and the terminal.

NearYou is not responsible for any breakdowns, interruptions or malfunctions of the services of the internet service provider of the User, as well as any cause external to NearYou that could interrupt or damage access to the Services.

NearYou also excludes any liability for any damage caused by the Application to the User's operating system, interruptions or disruption of the Services or hardware or software failures of the Application or any damage suffered by the transmission of a virus. computer, a Trojan horse or any other form of programming likely to damage or destroy the functionality of a mobile phone or tablet or hinder its proper functioning.

NearYou also wants to prevent the User against any exceptional risk of receiving unwanted messages or messages allegedly from NearYou. The User must be attentive and vigilant in order, if these assumptions are realized, to warn NearYou.

NearYou can not be held liable for indirect damages, criminal offenses of Users, commercial loss, loss of income, loss of profits, loss of profits, loss of contracts, loss of customers, loss of opportunity, loss of profits, loss of data. , data breach, damage to image or reputation or non-pecuniary damage.

5. Location Services

Personal location services are intended for individual use only and should not be used or considered an emergency location system, while driving or operating a vehicle, or in hazardous environments where performance at fail-safe is mandatory, or for any other application in which the failure or inaccuracy of this application or the NearYou Services could directly result in death or personal injury, or physical or property damage. NearYou is not suitable or intended for tracing family members, fleet management or any other type of business or professional use. You can use other products available in the market for these purposes.

You acknowledge and agree that NearYou will in no way be held liable for direct or indirect damages caused by the disclosure of your location information.

6. Disclaimer Clause for Transactions between Users:

NearYou facilitates connecting users for transactions, sales, purchases, exchanges, and services among themselves. However, we do not intervene in these transactions and assume no responsibility for the quality, safety, legality, or compliance of products or services offered or exchanged between users. By using NearYou, you acknowledge and agree that any transaction made between users is at your own risk.

7. Disclaimer Clause for User-Organized Events:

NearYou allows users to propose events among themselves. However, we do not intervene in the organization of these events and assume no responsibility for their safety, legality, or compliance. By participating in events proposed by other users via NearYou, you acknowledge and agree that your participation is at your own risk.

8. Disclaimer Clause for Information, Advice, and Recommendations Exchanges:

NearYou allows users to exchange information, advice, and recommendations among themselves. However, we do not endorse any responsibility for the accuracy, reliability, or legality of this information, advice, or recommendations. By using NearYou to exchange information, advice, or recommendations with other users, you acknowledge and agree that you do so at your own risk.

9. Warranty Disclaimer Clause:

NearYou does not guarantee the quality, accuracy, reliability, or availability of products or services offered by users. We disclaim all warranties, express or implied, regarding transactions made via our platform. It is the users' responsibility to verify the information, qualifications, and reputation of other users before proceeding with a transaction.

10. Limitation of Liability Clause:

In no event shall NearYou be liable for any losses, damages, claims, or expenses arising from or related to any transaction made via the platform, including but not limited to loss of profits, loss of data, indirect damages, special damages, consequential damages, or punitive damages, even if we have been advised of the possibility of such damages.

11. Compliance with Laws and Regulations Clause:

NearYou users are required to comply with all applicable laws and regulations when offering, buying, selling, or exchanging products or services via the platform. NearYou reserves the right to remove any content or listing that violates laws or regulations, or that violates the platform's terms of use.

12. Content Moderation and Removal Clause:

NearYou reserves the right, at its sole discretion, to moderate, remove, or reject any content, listing, or transaction that violates the platform's terms of use, is fraudulent, deceptive, illegal, defamatory, offensive, or harmful in any way to the reputation of NearYou or its users.

13. Waiver of Claims against NearYou Clause:

By using NearYou, you waive any recourse, action, or claim against NearYou ans its founder or affiliates arising from or related to any transaction made via the platform. You agree to defend, indemnify, and hold NearYou harmless against any claim or action arising from your use of the platform or any violation of these terms of use.

VI. INTELLECTUAL PROPERTY

1. Property of the Application

The names of the Services, the trademarks, logos, graphics, photographs, animations, videos and texts contained on the Application and in the Services are the property of NearYou, and may not be reproduced, used or represented without the express authorization of the NearYou, under penalty of legal proceedings.

The rights of use granted to the User are reserved for private and personal use within the framework and for the duration of the subscription to the Services. Any other use by the User is prohibited.

The User agrees not to modify, copy, reproduce, download, broadcast, transmit, commercially exploit and / or distribute in any way the Services or the computer codes of the components of the Services and the Application. Without the express and prior authorization of NearYou, this would constitute an infringement punishable by the provisions of the Code of Intellectual Property.

All of these elements are made available to the User who undertakes to respect them, not to modify or extract them, or to use them prohibited by law and the regulations in force.

NearYou grants to the User, a limited, non-transferable and non-exclusive license on the Application for the purpose of allowing him to download and install a copy of the Application on his mobile devices and / or tablets for the purpose of strictly personal uses.

2. Ownership and License of User Content

Any element, content and information, including trademarks, names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc., provided by the User, for placing available and distributed via NearYou's Services and in particular its Application, remain the property of said User.

Without prejudice to the foregoing, the User grants to NearYou non-exclusive, free and worldwide the right to reproduce and distribute the Content published in whole or in part by the User on the Application.

The right of reproduction is hereby granted to NearYou for the purposes of: (i) performing the Services and, in particular, allowing the User to view the Content posted by other Users on the Application and (ii) for the purposes of communication, promotion, and / or advertising of the Services and / or the Application and / or NearYou, in any format, on any medium, and by any means, known or unknown to date, and in particular but not exclusively, on all media and networks, on partner sites of third parties.

The User acknowledges and expressly agrees that, when NearYou distributes the Content on social networks, only the general conditions of use of the social network will be exclusively applicable.

VII. LINKS TO OTHER APPLICATIONS

The Application may contain links to external applications that may be of interest to the User.

The responsibility of NearYou can not be sought or committed as to the content of any of these third-party applications, to which the User would have had access by means of these links.

In addition, NearYou has no way of controlling the content of these third-party applications, which remain completely independent of NearYou. Moreover, the existence of a link between NearYou and a third-party Application does not mean that NearYou approves in any respect whatsoever the content of this Application and all the more the use that could be made of it.

VIII. TERMINATION / SUSPENSION

NearYou reserves the right to terminate the Terms of Use without notice and without special reason for reasons of convenience. Similarly, the User may terminate the Terms of Use without notice and without special reason for reasons of convenience by clicking on the delete button Personal Account found in the "Profile" section of the Application.

NearYou reserves the right to terminate the Terms of Use without notice and without any special reason and / or to suspend a User from access to its Services and in particular to its Application and / or to delete and / or suspend Content made available through its Services and in particular its Application by a User, at any time, without notice and without notice of the User in case of:

substantial violation of the Terms of Use
publications of Defamatory, Denigrating, Abusive, Obscene, Violent, Racist Content
concealed, fraudulent or illegal activities through its Services and in particular its Application
more generally, in case of violation of applicable laws and regulations or the rights of third parties

From the closure of his account and / or the removal of access to the Application, the User acknowledges that all of its published Content will no longer be accessible through the Application.

In the event of termination of the Terms of Use, the stipulations of these which should reasonably continue after the termination thereof, will remain in effect.

IX. DURATION OF THE TERMS OF USE

The User is subject to compliance with the Terms and Conditions of Use from the opening and closing of his Personal Account.

The applicable General Conditions of Use are those in force on the day of use of the Application by the User.

X. MODIFICATION

NearYou reserves the right, at any time and unilaterally, to supplement or modify these Terms of Use as it deems necessary, or to terminate the Services.

These modifications will be indicated by any useful means and in particular by the publication of a mention of update with the date of update, within the Terms and Conditions of Use.

A User who does not accept the modifications of the General Conditions of Use, will not be able to continue and will have to stop any use of the Services and in particular of the Application, without prejudice of the respect of the obligations having vocation to continue at the end of this use .

It is the responsibility of the User to carefully read the Terms of Use when updating them and to be fully aware of the changes caused by the latter. The fact that the User continues to use the Application Services after the update of the Terms of Use implies acceptance without reservation on his part to the changes to the Terms of Use.

In case of disagreement with the modifications of the General Conditions of Use, the User may terminate the Services and terminate his Account in accordance with Article VIII.

The new Terms and Conditions of Use will apply immediately for Users.

XI. AUTONOMY

In the event that one of the stipulations of the present Terms of Use is declared null or inapplicable by the effect of a law of a regulation or a jurisdictional decision emanating from a competent court, the other stipulations retain their validity and strength, save to imagine that these Terms and Conditions of Use would be distorted or that this entails a significant imbalance of the obligations incumbent on the parties.

In this hypothesis, NearYou will replace as soon as possible a valid and satisfactory stipulation in place and instead of the stipulation whose validity is affected.

XII. APPLICABLE LAW

These Terms of Use are subject to French law.

XIII. COMPETENT JURISDICTIONS

In case of dispute, the User will first contact the NearYou teams to find an amicable solution. NearYou will consider reasonable requests for dispute resolution through alternative procedures such as mediation or arbitration or through collaborative law.

In the absence of resolution of the dispute by means of alternative procedures, any dispute and / or difficulty of interpretation or execution of the general conditions of use will fall within the jurisdiction of the French courts.

Neither NearYou nor the User are authorized to disclose information on the contract binding them in case of dispute and each of the parties undertakes to respect a confidentiality clause which obliges it to prefer a confidential negotiation in case of dispute.

XIV. CHILD SAFETY

At NearYou, we are committed to protecting the safety and privacy of children who use our app. We have implemented practices to ensure the safe use of our app by underage users.

1. Minimum Age of Users

To use NearYou, the user must be at least 17 years old. If you are under 17, you are not allowed to register or use our app.

2. Collection and Use of Personal Data

NearYou does not intentionally collect sensitive personal data from users under 17 years old. If we learn that we have collected personal information from a user under 17, we will take immediate action to delete that information from our systems.

We only collect data necessary to improve the user experience and provide services. Our data collection practices comply with local data protection regulations, including GDPR and the COPPA (Children's Online Privacy Protection Act) in the United States.

3. App Features

NearYou offers a platform for sharing and connecting between users. To protect children, we have implemented the following measures:

Content Moderation: We actively monitor content shared on the platform to detect any inappropriate or harmful content, especially for children.
Parental Controls: While our app is primarily intended for adults, we recommend that parents monitor their children's use of the app. Parental control tools can be used to limit access to certain features.
Content Reporting: Users can report any content they find inappropriate or harmful to child safety.

4. Security and Privacy Protection

NearYou implements technical and organizational security measures to protect user data, especially personal information of children. These measures include data encryption, access management systems, and continuous monitoring of activities to prevent security breaches.

5. Third-Party Partners

NearYou does not share personal information of users, including children's data, with third parties without prior parental consent, unless required by law. We also ensure that all third-party partners comply with child safety and personal data protection regulations.

6. Rights of Users and Parents

Parents or legal guardians have the right to request information about the personal data collected from their child and request the deletion of this data. To exercise these rights, you can contact us via the following email address: pierremartin.developer@gmail.com.

7. Compliance with Applicable Laws

NearYou complies with all laws and regulations related to online child safety, including but not limited to the COPPA (Children's Online Privacy Protection Act) and GDPR (General Data Protection Regulation). We are committed to adhering to all requirements regarding the collection, use, and protection of children's data.