Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Nearily mobile application or website (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement between you and Nearily Inc. and its affiliates.

2. Description of Service

Nearily is a coffee loyalty and subscription platform that enables users to collect stamps, earn rewards, manage cashback balances, and subscribe to daily coffee plans at participating partner cafes.

The Service includes the Nearily mobile app (iOS), the Nearily website (nearily.com), and the Neo Bot Telegram assistant (@nearily_bot).

3. Eligibility

You must be at least 16 years old to use Nearily. By using the Service, you represent and warrant that you meet this age requirement. If we learn that a user is under 16, we will terminate their account.

4. Account Registration

You must register with a valid phone number. You are solely responsible for maintaining the security of your account credentials and QR codes. You must not share your verification codes, account access, or QR codes with any other person.

You may only create one account. Creating multiple accounts to abuse the loyalty or subscription system is grounds for immediate termination.

You agree to provide accurate, current information and to update your profile as needed.

5. Loyalty Program

Stamps are earned through qualifying purchases at partner cafes, verified by cafe staff via QR scan or manual code entry. Stamps are non-transferable and have no monetary value.

Rewards are earned automatically upon reaching the stamp goal set by each partner cafe. Rewards are subject to availability and the specific terms of the partner cafe. Nearily reserves the right to void stamps or rewards obtained through fraud, abuse, or system manipulation.

Nearily may modify the loyalty program rules, stamp goals, or reward structures at any time with reasonable notice through the app.

6. Cashback Program

Certain partner cafes offer cashback on purchases. Cashback percentages are set by individual partner cafes and may change at any time. Cashback balances are cafe-specific and non-transferable between cafes or users.

Nearily is not responsible for the redemption terms of cashback balances, which are determined by each partner cafe.

7. Subscriptions

Subscription plans allow daily coffee redemptions at partner cafes, subject to the daily limits and terms of your subscription tier. Subscription availability, pricing, and daily limits are displayed in the app and may change.

Subscriptions are non-refundable for the current billing period. You may cancel at any time; cancellation takes effect at the end of the current period. Unused daily redemptions do not carry over.

Nearily reserves the right to suspend or cancel subscriptions in cases of abuse, including but not limited to sharing accounts or exceeding fair use limits.

8. User Conduct

You agree not to:

(a) Use the Service for any unlawful purpose or in violation of these Terms.

(b) Attempt to manipulate, falsify, or exploit stamps, rewards, cashback, or subscription systems.

(c) Share, distribute, or publicly display your QR codes or verification codes.

(d) Create multiple accounts or allow others to use your account.

(e) Harass, abuse, threaten, or intimidate other users.

(f) Upload inappropriate, offensive, or infringing content.

(g) Attempt to reverse engineer, decompile, or tamper with the Service.

(h) Use the Service in any way that could damage or impair our servers.

9. Partner Cafes

Partner cafes are independent businesses. Nearily is not responsible for the quality, safety, availability, or pricing of products or services provided by partner cafes.

Any disputes regarding products or services should be resolved directly with the partner cafe. Nearily acts solely as a technology platform.

If a partner cafe leaves the platform, outstanding stamps and rewards at that cafe may become void.

10. Intellectual Property

The Nearily name, logo, app design, and all associated content are the intellectual property of Nearily Inc. You may not copy, modify, distribute, or create derivative works without our written consent.

By posting reviews or content on Nearily, you grant us a non-exclusive, worldwide, royalty-free license to display and use that content within the Service.

11. Limitation of Liability

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

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEARILY INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO NEARILY IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nearily Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Termination

We may suspend or terminate your account at any time, with or without notice, for violations of these Terms or any conduct that we determine is harmful to the Service, other users, or Nearily Inc.

You may delete your account at any time through the app settings or by contacting us. Upon termination, your stamps, rewards, cashback balances, and subscription access are forfeited.

14. Dispute Resolution

These Terms are governed by the laws of the jurisdiction where you primarily use the Service. Any disputes arising from these Terms or the Service shall be resolved through good-faith negotiation first. If negotiation fails, disputes shall be submitted to the competent courts of the jurisdiction where you reside.

15. Modifications

We may modify these Terms at any time. Material changes will be communicated through the app at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nearily Inc. regarding the Service and supersede any prior agreements.

18. Contact

For questions about these Terms:

Email: [email protected]

Telegram: @nearily_bot

Entity: Nearily Inc. (United States) · ООО Почти (Russia)