The terms that govern your registration, access, and use of the Nearsy mobile application.
Last updated: February 2026
These Terms of Service (“Terms”) govern your use of the Nearsy mobile application (“App”) made available by Yaelka. Registration of an account and access to the App is subject to these Terms. By registering an account and/or using the App in any capacity, you are expressly agreeing these Terms and agree that these Terms govern your use of and access to the App. If you do not agree to these Terms, you may not register for or use an account.
THESE TERMS CONTAIN A WAIVER OF CLASS ACTIONS AND AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH NON-APPEALABLE BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE NEARSY IN A CLASS ACTION LAWSUIT.
We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available via the App. Material changes will be posted within the App or otherwise communicated to you.
You may be required to opt-in to the revised Terms to continue to access the App. By continuing to access or use the App after changes become effective, you are agreeing to be bound by the revised Terms. If you do not agree to the revised Terms, you may cease use of the App or otherwise terminate your account as set forth below.
We reserve the right to modify features and functions of the App or cease making the App available for any reason at any time and without notice or liability to you.
We collect information about you when you register for an account and use the App, as further described in our Privacy Policy. If you do not agree with our Privacy Policy, do not use the App.
You understand that the App is intended to share information about you and your physical location with other users. We are not responsible for monitoring or verifying users. For additional information, please review our Safety Guidelines, which are expressly incorporated into these Terms.
The App is intended to facilitate discovery, not identity or other verification. We do not conduct background checks on other users and your use of the App is at your sole risk. Nearsy is not responsible or liable for its users or for any in-person meetings or real world interactions.
In order to use the App, you will be required to create an account. You must be 18 years of age to use the App and legally able to enter into these Terms as a binding contract. If you have been convicted of a violent, sexual, or harassment-related offense, you are not eligible to open an account.
You may not create an account for anyone other than yourself. You represent that all information you provide to us is true, accurate, current and complete. You must update your information as necessary to ensure it remains accurate.
You do not have any ownership or other property interest in your account or profile. You may not sell, transfer, license or assign your account, profile, or any rights in the same. You may not create multiple accounts.
We reserve the right to refuse access to an account to anyone for any reason at any time.
Use of the App requires telecommunications or data connectivity. You are solely responsible for any and all data and telecommunications charges from your provider.
Once you have created an account, you are able to create a profile in the App. All account and profile information is subject to our Privacy Policy. Your profile will be visible to users of the App at any time you have Discovery mode enabled. You may update, add to, edit, or delete from your profile at any time.
You are responsible for all use of your account and all information you submit in connection with your account. You may not allow anyone else access to your user name or login and are solely responsible for keeping your account credentials secure. If you become aware of any unauthorized access to your account, you must notify us immediately.
All use of your account and the App must comply with our Safety Guidelines/Community Guidelines, which are expressly incorporated into this Terms.
You may not do any of the following, all of which are prohibited activities, and will result in termination of your account:
We have no obligation to monitor or approve your content or profile information you upload to your account. However, in the event we become aware that your use of the App violates or appears to violate these Terms, we may immediately remove content from your account, suspend your access to the App and/or terminate your account in its entirety without notice. As further set forth in our Privacy Policy, we may also report illegal activity to the relevant authorities.
For any content that you upload to your account, you grant us a limited, non-exclusive license to post, display, distribute, and otherwise use your content as necessary to provide the App.
You can close your account and terminate access to the App at any time within the App.
We may terminate your account if we believe you have materially breached these Terms or your use of the App otherwise presents any legal or other risk to us or any third party. We may also terminate your account if we elect to cease operation of the App.
Upon termination, your account will no longer be accessible.
The App is provided “as is,” and without any warranty of any kind.
To the maximum extent permitted by applicable law, Nearsy expressly disclaims all warranties and conditions of any kind with respect to the App, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and all warranties arising from a course of dealing or usage in trade.
Nearsy makes commercially reasonable efforts to provide the App, but neither accuracy nor reliability are guaranteed. Nearsy does not warrant or guarantee the quality, completeness, timeliness, or availability of the App. Nearsy does not warrant or guarantee that the App will be uninterrupted or error-free, that any defects in the App will be corrected, or that the App or the servers that make the App available are free of viruses or other harmful conditions or components.
The laws of certain jurisdictions, including without limitation the State of New Jersey, may not allow the exclusion or limitation of warranties or conditions. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.
Except where prohibited by law, in no event will Nearsy or any and all of its officers, directors, members, employees, agents, or professional advisors (“Nearsy Parties”) be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages, including without limitation any such damages that result from (a) the use of, or inability to use, the App; or (b) the provision of the app, even if the Nearsy Parties have been advised of the possibility of such damages or such damages are otherwise foreseeable.
You assume total responsibility for your use of the App. Your only remedy for dissatisfaction with the App is to terminate your account and cease access.
Notwithstanding the foregoing, in no event will the Nearsy Parties’ liability to you for any damage or loss that arises out of or is in any way connected with these Terms or your use of the App exceed $100 U.S.D., even if such available remedy should fail of its essential purpose.
Some jurisdictions, including New Jersey, do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify, defend, and hold harmless the Nearsy Parties from and against any and all charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) incurred as a result of or arising from any claim, complaint, allegation, lawsuit or demand arising out of or relating in any way to your access to or use of the App or your violation of these Terms.
We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the App we become aware of.
If you believe that anything on the App infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
(a) a description of the copyrighted work(s) that you claim have been infringed;
(b) a description of the allegedly infringing material, including its location on the App;
(c) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) your email address, telephone number, and mailing address;
(e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
(f) an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is as follows:
You agree to resolve any disputes arising under these Terms or your use of the App through non-appealable binding arbitration, on an individual basis, as set forth below.
WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST NEARSY IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Nearsy’s right to appeal.
Good Faith Discussions. You and Nearsy must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
Rules. You agree that arbitration will be conducted by the American Arbitration Association (''AAA'') in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (''Rules''). The Rules can be found at: https://www.adr.org/Rules. You and Nearsy agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
Arbitrator. Arbitration will be before one (1) arbitrator who will have exclusive authority to resolve any disputes arising under these Terms or with regard to your use of the App including as to the enforceability and/or formation of this agreement to arbitrate made between you and Nearsy.
Location. You agree that arbitration will take place exclusively in Milwaukee, Wisconsin. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
Time Limit. Any claim by you arising in connection with these Terms or App must be commenced by you within one (1) year of the dispute giving rise to the claim.
Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator will not have the authority to award damages outside of those set forth in these Terms.
Costs and Expenses. Each party will pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
Exceptions. Notwithstanding anything to the contrary in this Section, you and Nearsy each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the App, are governed by the laws of the State of Wisconsin, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Milwaukee County, Wisconsin. The parties expressly agree to the exclusive jurisdiction and venue of those courts.
These Terms and the applicable End User License Agreement contain the entire agreement between you and Nearsy with respect to your access to and use of the App. These Terms and any other documentation, agreements, notices, or communications between you and Nearsy may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the App.
Please direct any questions and concerns regarding these Terms to us at: