Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the NearChat mobile application ("App") provided by NearChat ("we", "our", or "us").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

These Terms are governed by the laws of England and Wales.

2. About the App

NearChat is a peer-to-peer messaging application that uses Bluetooth Low Energy (BLE) mesh networking to enable communication between devices without requiring internet connectivity or cellular service.

The App is provided free of charge and does not require account registration.

3. Eligibility

You must be at least 13 years old to use the App. If you are under 18, you should review these Terms with a parent or guardian to ensure they understand and agree to them.

By using the App, you represent that you meet these eligibility requirements.

4. Licence to Use

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes, subject to these Terms.

This licence does not include the right to:

• Modify, reverse engineer, decompile, or disassemble the App
• Copy, distribute, or create derivative works based on the App
• Remove or alter any proprietary notices or labels
• Use the App for any commercial purpose without our written consent
• Use the App in any way that violates applicable laws

5. Acceptable Use

You agree to use the App responsibly and lawfully. You must not use the App to:

• Send or share content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Transmit malware, viruses, or any harmful code
• Harass, bully, stalk, or intimidate other users
• Impersonate any person or entity
• Engage in any activity that is illegal under the laws of England and Wales or your local jurisdiction
• Interfere with or disrupt the App or devices of other users
• Attempt to gain unauthorised access to other users' devices or data

You are solely responsible for the content of messages you send using the App.

6. Peer-to-Peer Nature of the Service

You acknowledge and understand that:

• Messages are transmitted directly between devices via Bluetooth, not through our servers
• We have no ability to monitor, read, or store your messages
• We cannot recover lost messages or data
• Message delivery depends on the physical proximity of devices and cannot be guaranteed
• Your messages may be relayed through other users' devices to reach the intended recipient, though they remain encrypted and unreadable by intermediary devices

7. Privacy and Data

Your privacy is important to us. Our Privacy Policy explains how we handle information. Key points:

• We do not collect personal data
• All data is stored locally on your device
• Messages are end-to-end encrypted
• We cannot access your messages or contacts

8. Intellectual Property

The App, including its design, features, code, graphics, and trademarks, is owned by us and is protected by copyright, trademark, and other intellectual property laws.

"NearChat" and associated logos are our trademarks. You may not use these without our prior written consent.

9. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, to the fullest extent permitted by law.

We do not warrant that:

• The App will meet your specific requirements
• The App will be uninterrupted, timely, secure, or error-free
• Messages will always be delivered successfully
• The App will be compatible with all devices

Nothing in these Terms excludes or limits any warranty implied by law that it would be unlawful to exclude or limit under the Consumer Rights Act 2015.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any loss of data, profits, goodwill, or other intangible losses
• Our total liability shall not exceed the amount you paid for the App (which is zero, as the App is free)

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under English law

If you are a consumer, you have legal rights in relation to services that are not performed with reasonable skill and care. Nothing in these Terms affects those statutory rights.

11. Not for Emergency Use

Important: NearChat is not a replacement for emergency services.

While the App may be useful in situations where traditional communications are unavailable, you should not rely solely on the App for emergency communications. Message delivery cannot be guaranteed, and the App should not be used as a primary means of contacting emergency services.

Always contact official emergency services (999 in the UK) when possible in emergency situations.

12. Updates and Changes

We may update the App from time to time. Updates may be required to continue using the App. We may also modify these Terms at any time by posting updated Terms on our website.

Your continued use of the App after changes constitutes acceptance of the modified Terms.

13. Termination

You may stop using the App at any time by uninstalling it from your device. This will remove all locally stored data.

We reserve the right to discontinue the App at any time without notice.

14. Third-Party App Stores

The App may be downloaded from third-party app stores (such as Google Play Store or Apple App Store). Your use of these stores is subject to their respective terms and conditions. We are not responsible for these third-party platforms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, you may also have the right to bring proceedings in your country of residence.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding your use of the App.