Terms of Use

Last updated: July 12, 2026

These Terms of Use (the “Terms”) are an agreement between you and Dmitrii Campestrini, doing business as “Nearlie” (“we,” “us”), Nordbahnstraße 47, 1020 Vienna, Austria. They govern your use of the Nearlie mobile application and related services (the “Services”). By creating an account or using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

Contents

1. Who can use Nearlie
2. Your account and your couple
3. Nearlie Plus subscription
4. Your content
5. Acceptable use — zero tolerance
6. Adult content
7. Ending your use of Nearlie
8. Our intellectual property
9. Disclaimers
10. Limitation of liability
11. Apple App Store terms
12. Governing law
13. Changes to these Terms
14. Contact

1. Who can use Nearlie

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Services. By using the Services you confirm that you meet this requirement. Nearlie is designed for two people in a relationship; each account may belong to only one couple at a time.

2. Your account and your couple

• You are responsible for the accuracy of the information you provide and for keeping access to your account secure.
• Nearlie connects exactly two accounts into a shared, private space (a “couple”). Content you create in the app is shared only with your partner, as described in our Privacy Policy.
• Certain typed content is end‑to‑end encrypted. The encryption keys live on your devices and in your personal iCloud Keychain — if you lose access to your Apple account and your devices, we cannot recover that content for you.

3. Nearlie Plus subscription

• Some features require a paid subscription (“Nearlie Plus”), offered as auto‑renewable monthly or yearly plans purchased through Apple’s App Store.
• A Nearlie Plus subscription purchased by either partner covers the couple.
• Billing and renewal. Payment is charged to your Apple account at confirmation of purchase. The subscription renews automatically unless cancelled at least 24 hours before the end of the current period. You can manage or cancel your subscription at any time in your App Store account settings; cancellation takes effect at the end of the current billing period.
• Refunds are handled by Apple under Apple’s terms. We cannot issue App Store refunds directly.
• If pricing changes, Apple will notify you and, where required, ask for your consent before charging the new price.
• Statutory withdrawal rights for EU consumers are handled through Apple’s App Store refund process.

4. Your content

• You own what you create. Game answers, wishes, notes, photos, drawings, and any other content you submit remain yours.
• You grant us a limited, non‑exclusive licence to store, transmit, and process your content solely to operate the Services — for example, to deliver a drawing to your partner’s widget or compute a game result. We claim no other rights to your content, and we never use it for advertising or to train AI models.
• You are responsible for the content you create and share. Only share content that you have the right to share.
• Content you share with your partner may be visible on their devices (including home‑screen widgets) and may remain visible to them as part of your shared history for as long as your couple exists.

5. Acceptable use — zero tolerance

Nearlie is a private space between two consenting adults, and we expect it to be treated with respect. You agree not to use the Services to:

• create, submit, or share content that is unlawful, threatening, harassing, abusive, hateful, or exploitative, or that depicts or involves minors in any sexual context;
• harass, intimidate, coerce, or abuse your partner or any other person;
• impersonate another person, or pair with a person who has not consented;
• probe, disrupt, reverse engineer, or interfere with the Services, other users’ data, or our infrastructure, except where such restriction is prohibited by law;
• use the Services for any commercial purpose or automated access.

We have zero tolerance for objectionable content and abusive behaviour. We may remove content and suspend or terminate the account of any user who violates this section, without notice. Because some content is end‑to‑end encrypted, we cannot and do not monitor it — but you can always report a concern to us at support@nearlieapp.com, and you can end a pairing at any time by leaving or deleting the couple in Settings, which immediately cuts off the other person’s access to your shared space.

6. Adult content

Nearlie offers optional content packs with mature, sexual themes. These packs are disabled by default and become available only after both partners confirm they are 18 or older and each explicitly opts in. Either partner can withdraw the opt‑in at any time in Settings, which disables the packs for the couple. You agree not to enable adult content unless both partners are adults and genuinely consent.

7. Ending your use of Nearlie

• You can stop using the Services at any time.
• Deleting the couple deletes both accounts. Nearlie is built for two: when a couple is deleted in Settings, both partners’ accounts and all shared content are permanently deleted, as described in the Privacy Policy. This cannot be undone.
• We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, or if we discontinue the Services. Where reasonably possible, we will give you advance notice.

8. Our intellectual property

The Services — including the app, its design, curated game content, questions, and branding — are owned by us or our licensors and are protected by intellectual property laws. We grant you a personal, non‑exclusive, non‑transferable licence to use the app on Apple‑branded devices that you own or control, as permitted by the App Store terms, for your personal, non‑commercial use.

9. Disclaimers

The Services are provided “as is” and “as available.” To the extent permitted by applicable law, we make no warranties, express or implied, about the Services, including their availability, reliability, or fitness for a particular purpose. Nearlie provides entertainment and connection tools for couples — it does not provide relationship counselling, medical, or psychological advice. Nothing in this section limits any warranty or guarantee that applies to you under mandatory consumer‑protection law, including Austrian and EU consumer law.

10. Limitation of liability

To the extent permitted by applicable law, we are liable without limitation for damage caused intentionally or by gross negligence, for personal injury, and under mandatory statutory liability. For slight negligence, we are liable only for breach of essential contractual obligations, and only up to the damage that was foreseeable and typical for this kind of agreement. Any further liability for slight negligence — including for indirect damage, lost profits, or data loss that reasonable backups would have prevented — is excluded. Nothing in these Terms limits rights you have as a consumer that cannot be waived by contract.

11. Apple App Store terms

Because you receive the app through Apple’s App Store, the following also applies:

• These Terms are between you and us — not with Apple. Apple is not responsible for the app or its content.
• Apple has no obligation to provide maintenance or support for the app.
• In the event the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, or consumer‑protection claims.
• You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third‑party beneficiaries of these Terms and may enforce them against you.

12. Governing law

These Terms are governed by Austrian law, excluding its conflict‑of‑law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer residing in the EU, you additionally enjoy the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country.

13. Changes to these Terms

We may update these Terms from time to time — for example, to reflect new features or legal requirements. The “Last updated” date at the top shows the current version. For material changes we will notify you in the app before they take effect; continuing to use the Services after that constitutes acceptance of the updated Terms.

14. Contact

Dmitrii Campestrini (Nearlie)
Nordbahnstraße 47, 1020 Vienna, Austria
support@nearlieapp.com