Terms of Service

1. Acceptance of Terms

Welcome to nearfolk. By accessing or using our mobile application and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. These Terms constitute a legally binding agreement between you and nearfolk ("we," "our," or "us").

2. Description of Service

nearfolk is a personal relationship management application that helps you remember important dates, manage contact information, and receive AI-powered gift recommendations. Our Service includes features such as event reminders, profile creation and sharing, contact management, and personalized suggestions to help you maintain meaningful relationships.

3. Account Registration

To use certain features of our Service, you must create an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

You must be at least 13 years old to create an account. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

4. User Content

Our Service allows you to create, upload, and share content, including contact information, notes, preferences, and profile details ("User Content"). You retain ownership of your User Content, but by using our Service, you grant us a limited license to:

• Store and process your User Content to provide the Service
• Use your User Content to generate personalized recommendations
• Display your shared profile information to users you authorize

You are solely responsible for your User Content and represent that you have all necessary rights to share the information you provide about yourself and others.

5. Acceptable Use

You agree not to use our Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including privacy rights
• Upload or share false, misleading, or harmful content
• Harass, abuse, or harm another person
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Service for any commercial purpose without our consent
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Collect or harvest user information without consent

6. AI-Powered Features

Our Service uses artificial intelligence to provide gift recommendations and suggestions. While we strive to provide helpful and accurate recommendations, AI-generated content is provided for informational purposes only. We do not guarantee the accuracy, suitability, or availability of any recommended products or gifts. You are solely responsible for your purchasing decisions and interactions with third-party retailers.

7. Third-Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled by nearfolk. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such content, goods, or services.

8. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of nearfolk and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

9. Subscription and Payments

Some features of our Service may require a paid subscription. By subscribing to a paid plan, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide accurate billing information
• Authorize us to charge your payment method on a recurring basis

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings. Refunds are provided in accordance with our refund policy and applicable laws.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may also delete your account at any time through the app settings. Provisions of these Terms that by their nature should survive termination shall survive.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEARFOLK, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

13. Indemnification

You agree to defend, indemnify, and hold harmless nearfolk and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts located in San Francisco County, California.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the new Terms.

16. Contact Us

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