Terms of Service

1. The Agreement and Who You Contract With

These Terms govern your use of Nearily: the iOS and Android apps, the web app (app.nearily.com), the nearily.com website, and Neo, our support assistant, in the app and on Telegram. By creating an account or using the Service you accept these Terms.

If you use the Service as a consumer in the Russian Federation, your contract is with ООО «Почти» (INN 7801750230, St. Petersburg, Russia) and this document serves as its public offer. Otherwise, your contract is with Nearily Inc. (Delaware, United States).

2. The Service

Nearily connects you with independent partner cafes: digital stamp cards, rewards, cashback points, social features (droplets, follows, live location sharing), and paid products described in section 5. Partner cafes are independent businesses — the coffee you buy is a transaction between you and the cafe.

We develop the Service continuously: features may be added, changed, or retired. If a change materially reduces something you paid for, section 6 (refunds) applies.

3. Your Account

One account per person, created with your own phone number. You are responsible for activity on your account and for keeping access to your phone number. You must be at least 16 years old to use Nearily.

4. Stamps, Rewards and Cashback

Stamps, rewards and cashback are promotional bonuses funded by the partner cafe where you earned them. They are not money: they have no cash value, cannot be withdrawn, transferred or sold, and can only be redeemed at the cafe (or chain) that issued them, under the scheme shown in the app for that cafe.

Cafes may change or end their own loyalty schemes. If a cafe leaves Nearily, we tell you in the app; bonuses issued by that cafe are redeemable only while it participates.

Bonuses obtained by fraud or abuse (fake stamps, automation, exploiting bugs) may be cancelled.

5. Paid Products

Nearily Plus and Nearily Club are monthly subscriptions that renew automatically until cancelled. The price and currency are shown on the payment screen before you buy. Where a free trial is offered, its length and terms are shown at purchase; when the trial ends, the subscription price is charged automatically unless you cancel before the trial ends.

Cancelling: any time. Purchases billed through the App Store or Google Play are cancelled in the store’s subscription settings; purchases billed by card or SBP are cancelled in the app. After cancelling, access continues to the end of the paid period.

Coffee Pass is a one-time purchase for a fixed period. It does not renew automatically. Usage limits (such as one drink per day and the total number of drinks) are shown before you buy.

Prices may change. A change never applies to a period you have already paid for, and for subscriptions we notify you before a renewal at a changed price.

Purchases made through the app stores are also subject to the store’s terms, and billing is handled by the store. Payments in Russia are processed by YooKassa; international card payments by an international payment provider.

Subscriptions are personal and non-transferable: a subscription is for use by one person. Sharing an account, using several accounts to obtain subscription benefits for the same person, generating fake or automated stamps, exploiting bugs in the app, arranging with a cafe to have stamps issued for a purchase that did not happen, and abusing payment disputes (chargeback abuse) are not allowed.

6. Refunds

If you are a consumer in the Russian Federation, you may withdraw from the service contract at any time; where the law entitles you to a refund for the unused part of a paid period, we provide it, less expenses actually incurred (Art. 32 of the Law on Protection of Consumer Rights). Your statutory rights are never limited by these Terms.

Purchases billed by Apple or Google are refunded through the store’s own refund process.

If the paid Service was defective or not provided, statutory remedies apply.

7. Your Content

Droplets, reviews and photos you post remain yours. You grant us a licence to host and display them within the Service. Do not post unlawful content, hate, spam, or other people’s personal data. We may remove content that violates these rules and, for repeated or serious violations, apply section 9.

You can report content or users in the app or via support; we review reports and act on them.

8. Acceptable Use

No fraud (including fake or automated stamps), no interfering with the Service or other users, no automated access without our written permission, no use of the Service for anything unlawful.

9. Suspension and Termination

You can stop using Nearily and delete your account at any time in the app. We may suspend or terminate an account for a material violation of these Terms; where practicable we state the reason and you can appeal via support. For consumers in Russia, statutory rights remain unaffected.

In the event of the violations described in section 5, Nearily may terminate the subscription immediately; in that case the remaining paid period is not refunded, the related bonuses and rewards are cancelled, and the person may be prevented from purchasing a new subscription. You can appeal the decision via support. Statutory rights of consumers in the Russian Federation remain unaffected.

10. Intellectual Property

The Service, its design, code and branding belong to Nearily Inc. and its licensors. These Terms give you a personal, non-transferable right to use the apps as intended.

11. Warranties and Liability

To the extent permitted by applicable law, the Service is provided "as is" and our aggregate liability to you is limited to the amounts you paid us in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law. For consumers in the Russian Federation, the mandatory provisions of consumer-protection legislation prevail over these Terms, and any condition that would infringe rights granted by that legislation does not apply.

12. Governing Law and Disputes

For consumers in the Russian Federation: Russian law applies, and you may bring claims in the court of your choice as provided by Art. 17 of the Law on Protection of Consumer Rights. We encourage you to contact support first — most issues are resolved there.

For all other users: the law of the State of Delaware, United States, applies, and disputes are resolved in the state or federal courts located in Delaware.

13. Changes to These Terms

We may update these Terms. Material changes are announced in the app before they take effect; continued use after the effective date constitutes acceptance. The current version always lives at nearily.com/terms.

14. Contact

hello@nearily.com — in Russia: ООО «Почти», St. Petersburg; otherwise: Nearily Inc., Delaware, United States. The Privacy Policy at nearily.com/privacy describes how we handle personal data.