Terms of Service

By accessing or using the Neario application (the “App”), you agree to be bound by these Terms of Service (the “Terms”) as well as our Privacy Policy and Cookie Policy. Please read these Terms and the related policies carefully before creating an account (the “Account”) and using the Neario app (the “App” or the “Service”).

Your acceptance of these Terms forms a contract between you and Neario.

The terms “we”, “us” and/or “Neario” refer to: NEARIO spółka z ograniczoną odpowiedzialnością (Neario sp. z o.o.), a company established under Polish law, registered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0001236354, NIP (tax identification number): 6751827832, REGON: 544547711, contact email: contact@neario.app.

Any changes to these Terms will be published on www.neario.app/en/terms-and-conditions together with the updated effective date, and you will be notified in advance. Your continued use of the Neario app after any changes to these Terms constitutes your acceptance of the revised conditions.

If you do not agree with any modifications to these Terms, your sole remedy is to stop using the Neario app immediately. Doing so will not result in any negative consequences for you.

DEFINITIONS

• App – the Neario mobile application together with any related online services (including servers, databases, interfaces/APIs, communication features), as well as content and software through which Neario provides the Services.
• Administrator – the entity operating and managing the platform (Neario), authorised to administer Accounts, moderate content and suspend or terminate access in accordance with these Terms; it acts as the controller of personal data to the extent set out in the Privacy Policy.
• User – a natural person who uses the Platform, including by creating or holding an Account, who meets the Account Eligibility Criteria (in particular: at least 18 years of age, full legal capacity, no prior exclusion, one active Account) and complies with these Terms.
• Terms – this document setting out the conditions for providing the Services and the rules for using the App (including, among others, acceptable use, rules concerning User Content, push notifications, GPS location, intellectual property rights and termination of access), applied together with the Privacy Policy in relation to the processing of personal data.
• Services – features and services provided to the User through the App, in particular: creating and maintaining an Account, searching for and connecting with other Users (including by using GPS/Bluetooth location), communication and exchange of User Content, hosting and displaying content, push notifications, updates (including security updates), technical support and other features described in these Terms. Services may be free or paid and are provided subject to availability. Services do not include third-party services integrated with or used by the App (including internet connectivity, app stores, notification systems, maps, payments, login systems). Responsibility for availability, quality and conditions of such third-party services lies with the respective providers; your use of them is subject to their terms.

1. PURPOSE OF THE APP

The Neario app is intended solely for establishing and maintaining social and business contacts between adult Users, based on voluntarily shared information and GPS location. It enables Users to create a profile, search for and connect with other Users, exchange messages and participate in meetings/events available in the App.

“Use for an unauthorised purpose” means any activity that goes beyond the above purpose, in particular using the App for political purposes, recruitment, promotion of goods/services, data acquisition or profiling, offering or seeking sexual services, harassment, spamming, fraud, distribution of prohibited content, infringement of intellectual property rights, bypassing security measures or interfering with the operation of the App. If we determine that the App is being used for an unauthorised purpose, this may result in restriction, suspension or termination of access to the Services in accordance with these Terms.

2. ACCOUNT ELIGIBILITY CRITERIA

Before creating an Account in Neario, please make sure that you meet the eligibility criteria for using the app, as described below. By using our Services, you represent and warrant that:

• You are at least 18 years old.
• You have full legal capacity to enter into a binding contract with Neario.
• You have not committed and have not been convicted of a crime, an offence prosecuted ex officio, or any offence related to violence, threats of violence or a sexual offence.
• You are not registered as a sex offender in any national sex offender registry.
• You maintain only one active Account in Neario.
• Your access to an Account has not previously been revoked due to a violation of these Terms.

If at any time you no longer meet the above requirements, you must promptly delete your Account; in such a situation, the App Administrator also has the right to delete or disable your Account. We reserve the right to revoke access to our Services without prior notice if a User does not meet the eligibility criteria set out above that condition the use of the Services.

3. ACCEPTABLE USE OF THE NEARIO APP

This section sets out permitted and prohibited activities when using the Neario Services, as well as the rights you grant to Neario.

You agree to:

• comply with these Terms and check this page regularly for updates;
• comply with all applicable laws and regulations, including but not limited to privacy laws, intellectual property laws and anti-spam regulations;
• use the latest available version of the App;
• take reasonable steps to keep your login details secure.

You agree not to:

• create a new account after your existing account has been suspended or terminated, unless you have our explicit permission;
• submit false, misleading or unfounded reports about other Users’ behaviour;
• misrepresent your identity, age, gender or any other information about yourself;
• engage in activities that damage or impair the functionality of our Services for others;
• interfere with, disrupt or adversely affect the Neario platform, servers or networks;
• use our Services for harmful, illegal or malicious purposes;
• engage in harassment, intimidation, stalking, assault, defamation or other forms of abuse;
• obtain passwords or personal data from other Users for commercial purposes or in an unlawful way;
• solicit money or valuable items from other Users;
• gain access to another User’s account;
• engage in fraudulent activities, including pyramid or Ponzi schemes or other misleading practices;
• use our Services to fund political campaigns or influence elections, except for personal political expression;
• reproduce, modify, distribute or create derivative works based on any content made available through our Services without prior consent;
• falsely suggest that your statements are endorsed by Neario;
• use automated tools to access or download data from our Services;
• automatically scrape or copy content from the Neario App without prior consent;
• upload viruses or otherwise compromise the security of our Services;
• manipulate identifiers (IDs) in order to disguise the origin of transmitted information;
• frame or mirror our Services without prior consent from Neario;
• use meta tags containing references to Neario in order to redirect Users to other websites;
• reverse engineer, decompile, disassemble, de-obfuscate or otherwise attempt to obtain the source code, algorithms, cryptographic keys, data structures or communication protocols of the Services;
• use or develop third-party applications that interact with our Services without our prior written consent;
• use, access or publish the Neario API without our prior written consent;
• test the vulnerability of our Services or networks without our prior written consent;
• encourage or engage in any conduct that violates these Terms;
• upload or share inappropriate content as defined in Section 4.

You are responsible for maintaining the confidentiality of your login details and are liable for all activities conducted under your credentials.

4. CONTENT

You are solely responsible for your content (“Content”) and, to the fullest extent permitted by law, you agree to indemnify and hold us harmless from any claims, damages, penalties and reasonable costs (including legal fees) brought by third parties in connection with your Content.

The content displayed in your individual profile or contained in your messages must be consistent with the intended use of our Services and the App/Platform you are using. You may not upload any Prohibited Content, which includes:

• material that can reasonably be considered offensive, harassing or causing psychological distress to another person;
• obscene, pornographic, violent or nude content;
• content that is offensive, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred or bigotry;
• content that encourages or facilitates illegal activities, including but not limited to terrorism, incitement to racial hatred, or other criminal offences;
• content that encourages or facilitates self-harm or harm to others, including promoting self-injury, eating disorders, dangerous challenges or violent extremism;
• defamatory, libellous or untrue content;
• commercial activities, including sales, contests, promotions, advertising, solicitation of services, sexual services, or links to other websites or premium-rate phone numbers;
• transmission of spam;
• content containing spyware, adware, viruses, corrupted files, worms or other malicious code designed to disrupt software, hardware or networks;
• use of the image or likeness of another person without their consent, especially if it depicts a minor in an inappropriate way;
• use of the image or likeness of a minor without the presence of their parent or guardian, or where the minor is not fully clothed or is depicted as being involved in sexual activity.

Other Neario Users may share content through the App. User Content remains the property of the User who posted it and is stored on our servers and made available in the App solely at their direction (hosting).

Rights to other Users’ content

• You do not acquire any rights to User Content belonging to other Users.
• You may process other Users’ personal data solely for the purpose of using the App (facilitating connections via Neario) and in accordance with the Privacy Policy and applicable laws (in particular the GDPR).
• It is forbidden to use information or data about other Users for commercial purposes, spamming, harassment, stalking, making threats or any other unlawful activity.
• We reserve the right to suspend or close your Account if you misuse information about other Users or violate these Terms.

Intellectual property rights to Neario Content

• All other content available in the App, including but not limited to text, graphics, user interfaces, trademarks, logos, sounds, layout and databases (“Neario Content”), is owned, controlled or licensed by Neario.
• Neario Content is protected by copyright, trademark law and other intellectual property laws.
• All rights, title and interest in and to Neario Content remain with Neario in full and are not transferred to the User.

5. SAFETY STANDARDS

The Neario app is intended only for persons who are at least 18 years old. By using the Services, you agree to follow the safety rules set out below.

By making the declarations required in these Terms (including regarding age and criminal record), you confirm that they are true. Neario does not verify Users’ criminal records, identities or backgrounds and does not guarantee their behaviour, whether in the App or offline.

Neario may respond to reports of abuse (including by suspending or terminating an Account), but such actions do not replace your own safety measures.

Meeting guidelines

• Arrange meetings in public places and inform a trusted person where you are going and when you plan to return.
• Use only the in-App messenger until you feel it is safe to share other contact details.
• Do not share confidential data (financial, access credentials, home address) and do not send money or valuable items.
• If anything makes you feel uncomfortable, end the conversation/meeting. If you feel in danger, contact the appropriate authorities.

Protection of minors and prohibited content

Neario does not permit any content or behaviour that endangers minors. Sharing or exchanging material involving child sexual abuse (CSAM) and any inappropriate behaviour towards minors is strictly prohibited and may result in immediate blocking of the Account and reporting to the relevant authorities.

Reporting abuse

Any safety concerns, violations or abuse can be reported via the reporting function in the App or by email at contact@neario.app. We review reports without undue delay and, where justified, cooperate with the relevant authorities in accordance with applicable law.

6. INTELLECTUAL PROPERTY

Feedback and improvements

If you provide us with ideas, suggestions, bug reports or other information regarding the App (“Feedback”), you grant Neario a free, non-exclusive, irrevocable, worldwide, perpetual, transferable licence (with the right to sublicense) to use, copy, modify and commercialise such Feedback for any purpose, without any obligation to attribute authorship or pay compensation. This does not affect your rights to your User Content, which remains your property and is licensed to Neario only to the extent necessary for the operation of the App.

User Content – operational licence

Your User Content remains your property. You grant Neario a non-exclusive, free, worldwide licence, revocable upon closure of your Account, to host, store, display and distribute your Content in the App solely for the purpose of providing the Services.

7. PUSH NOTIFICATIONS

We may send you text messages, push notifications (i.e. short messages sent by the App to your mobile device via system notification services, such as Apple Push Notification Service or Firebase Cloud Messaging), alerts and other messages related to the Neario app and/or Neario services, including updates, offers, products, events and promotions, to which the User consents.

When you download the Neario app, you will be asked to accept or decline push notifications/alerts. If you decline, you will not receive any push notifications/alerts. Please note that push notifications are an integral part of the app’s functionality, as they inform you about meeting invitations or messages from other Users. Declining push notifications/alerts may negatively affect the proper functioning of the Neario app.

If you accept this request, push notifications/alerts will be delivered to you automatically. If you no longer wish to receive push notifications/alerts from the Neario app, you can opt out by adjusting your notification settings on your mobile device.

8. GPS LOCATION

The Neario app allows you to connect with other nearby Users, which you agree to by accepting these Terms. To facilitate such connections, the Neario app uses various location technologies, such as GPS, Bluetooth and software on your mobile device.

When using the Neario app, you will be asked to allow or deny access to your device’s GPS location and/or Bluetooth. If you deny access or disable GPS, Bluetooth or other location-determining software on your device, the app may not function properly and you may not be able to access its features.

9. PRIVACY

To understand how Neario uses and shares your personal data, please read our Privacy Policy. By using our Services, you consent to the use of your personal data in accordance with our Privacy Policy.

10. RIGHTS GRANTED TO YOU

App licence

Subject to your compliance with these Terms, Neario grants you a non-exclusive, non-transferable, revocable and free licence (without the right to sublicense) to install and run the App on your device solely for the purpose of using the Services in accordance with these Terms and applicable law. The licence terminates automatically in the event of a material breach of these Terms. Neario may also suspend or restrict the licence for security or legal compliance reasons. Provisions prohibiting certain actions (such as reverse engineering) apply to the extent permitted by law.

Right to access the Services

Neario grants you the right to access and use the online Services only within the functional limits of the App and under the conditions set out in these Terms. This right does not transfer to you any rights in or to the Services or their elements (including intellectual property). If you violate these Terms, your access may be suspended or terminated.

11. RIGHTS GRANTED TO NEARIO

By creating an Account, you grant Neario a non-exclusive, free, worldwide licence, revocable for the duration of your Account (with the possibility of engaging technical subcontractors), to store, use, reproduce, technically adapt and distribute your Content to the extent necessary to provide the Services, in accordance with these Terms and the Privacy Policy, without the need for any additional consent or remuneration. This licence covers Content you share in the App or that is processed by the App in accordance with the Privacy Policy. This provision does not transfer copyright in the Content and does not include using such Content for marketing purposes.

12. PURCHASES OF PREMIUM FEATURES

Purchases and subscriptions for Premium features in Neario are processed via the App Store or Google Play and are subject to the terms of the respective store (including tax rules and refund policies). Subscriptions renew automatically for consecutive periods until cancelled; they can only be managed in your account settings in the relevant store (App Store or Google Play). Simply deleting the App or your Neario Account does not cancel your subscription. After the end of a promotional or trial period, the subscription automatically converts into a paid subscription at the price indicated at purchase, unless you cancel it beforehand.

Premium features and their pricing may be tested and dynamically varied (for example depending on your location, time, demand/popularity, app version or participation in A/B tests). The current offer, scope of features and price are always clearly shown in the App before purchase, and they take precedence over any other information. Changes to prices or bundles do not affect a period you have already paid for; they apply from the next billing period and will be displayed before renewal.

Your Premium subscription is managed by the store where you purchased it: the App Store (Apple) or Google Play (Android). You cancel directly in the store, not within the Neario app itself. After cancellation, you retain access to Premium features until the end of the paid period, after which your account will automatically revert to the standard version.

If your subscription is cancelled or a payment cannot be collected (for example, due to insufficient funds or an expired card), your account will automatically revert to the standard version at the end of the current paid period. Your access to Premium features will be discontinued, but you will still be able to use the basic features of the App.

13. DISCLAIMER

The Neario app, our content and User Content are provided on an “as is” and “as available” basis, without additional contractual warranties, unless otherwise required by mandatory law.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential damages arising from or in connection with your use of the App. This provision does not exclude or limit our liability to the extent that such exclusion or limitation would be unlawful under applicable law, in particular in relation to consumers.

14. COMPLAINTS

You may submit complaints concerning the operation of the App, the Services and billing (including Premium Accounts) by email to contact@neario.app. In your complaint, it is helpful to include information identifying your Account, the phone number associated with the Account, a description and date of the incident and, if possible, basic technical details (device model, operating system, App version).

We handle complaints without undue delay and no later than 14 days from receipt. If the matter is complex and requires more time (for example, additional technical verification), we will inform you of the reason for the delay and the expected date of our reply, which will not exceed 30 days. Our response will be sent to the email address provided in your complaint.

If you purchased a Premium Account via the App Store or Google Play, issues related to payments, renewals and refunds are governed by the rules of the respective store and may require you to submit a request directly through your account in that store. Neario may provide substantive support but has no influence over the timing or decisions of store operators.

Submitting a complaint does not limit your statutory rights, including consumer rights related to the conformity of a digital service with the contract. We process personal data solely for the purpose of handling complaints, in accordance with the Privacy Policy. If necessary, we may ask you for additional information required to verify your complaint.

In complaints concerning a Premium Account, you may indicate your preferred outcome, in particular: a refund of the fee paid, restoration of the stated functionality, an extension or free access to Premium for a future period, or another appropriate remedy. Indicating a preference does not limit your statutory rights or our obligations under laws governing the conformity of digital services with contracts. For purchases made in the App Store or Google Play, the range of available remedies may be determined by the rules of the respective store.

15. TERMINATION

These Terms come into effect when you accept them (as described in the preamble) and remain in force until terminated in accordance with this section.

You may stop using the Services at any time by closing your Account in the App. Neario may suspend or terminate your Account or access to the App if you violate these Terms (in particular in a material or repeated way), or where required by law or by binding orders of competent authorities.

You acknowledge that a decision to terminate “for cause” is taken by Neario after determining that the reasons described above apply. Neario is not liable to you or third parties for the consequences of such termination, except where applicable mandatory law provides otherwise.

Upon termination or deletion of your Account, your access to the App will cease, and related content may be deleted or anonymised in accordance with these Terms.

In the event of deletion or closure of your Account, Neario may retain your personal data for the period and purposes specified in the Privacy Policy (in particular for accountability and for establishing, exercising or defending legal claims). Neario may disclose information to competent authorities, including law enforcement, if required to do so by law or where there is a reasonable suspicion of a criminal offence. Details of personal data processing are set out in the Privacy Policy.

16. EVENTS — GENERAL TERMS

The App allows Users to create, publish and promote events (an “Event”) and to sign up for them. Events may be free or paid (with tickets).

An “Organizer” is a User who creates and publishes an Event. A “Participant” is a User who signs up for an Event or purchases a ticket.

17. PAID EVENTS, TICKETS AND PAYMENTS