This Privacy Policy (the "Policy") is elaborated and approved to govern the use of the data that is processed (in respect of personal data for this Policy. It includes: collecting, storage, and disclosure), stored, used, and shared by Nearby (the "Application", "we", "us") within the use of the Application and concerning any activity that is done by the person in relation to Application. This Policy also governs the users' rights for the use of their personal data and contains different disclosures. We highly recommend that any user of the Application reads and acknowledges this Policy before the use of the Application. This Policy should not be read without the Cookie Policy and Terms of Use of the Application.

1. General Provisions on Personal Data

For legal purposes, the Nearby Application is the controller of your personal data. For a better understanding of the data collection processes, we split the data into two types: the data that is provided to us voluntarily and the data that is collected by us automatically.

Automatically collected data Cookies

Generally, the Application uses cookies and other similar technologies that assist us to provide better and more personalized service for a user. The peculiarities of the Cookies use are described in our Cookie Policy. It is strongly recommended to acknowledge the contents thereof before proceeding with the use of the Application.

Interaction Data

This concerns the information about how the user uses the Application, its features, content as well as frequency and duration of the use.

Referral Data

This is the data transmitted to us once you reach the Application via the advertisement publication. For this purpose, we collect the URL address that led you to the Application.

Technical Data

The types and extent of data collected upon the access of the Application depend on the permissions set out by the user. This data includes, inter alia, but not mandatory collected by us the following: IP address, device, and system information, language settings, ID's of hardware, Facebook, Apple Identifier for Advertising, Google Advertising (these two can be reset by user without our involvement), etc. The Application may associate the information about the user collected from the different devices.

Transactional Data

When you make payments through the Application, you need to provide payment data to our third-party service providers that serve us as data and payments processors. This data is not stored by the Application in its entirety. The only information about the payments that can be received by the Application and stored by it is the card-related information (including parts of the card number and a token reflecting your payment method), date and time of the transaction, amount, and type of the payment method. By providing your card information, you agree that we may retain parts of the card number and a token reflecting your payment method to streamline any future payments you authorize. You may request deletion of the token at any time by contacting Customer Support.

The Voluntarily Provided Data

This group concerns the data that is provided to us by a user voluntarily or to use the Application.

Identity-Related Data

This category concerns the data that is provided voluntarily by users, namely identification documents and related verification data submitted to us for billing verification purposes. It also includes cases where users may need to provide identification documents directly to our third-party identity verification provider for identity verification.

The data that is used in profiles

This category of data requires a user to provide his or her name, phone number, date of birth, and email address. In addition, a user may voluntarily provide the other data that is available in the interface of the Application. For instance, this may be the user's photographs, information about his or her education, favourite activities, and other data that is provided to the Application voluntarily and in accordance to the possibilities provided by the Application's interface that may be changed from time to time. Please note, any data that is provided to us within the relevant fields (placeholders) of the profile (a personal page on the Application) shall be publicly available. By fulfilling the relevant placeholders in the profile section you agree and acknowledge this. We may collect your personal data when you submit a request via online portals, forms, surveys, or interactive portions of our Application or when you use our Services. While you may voluntarily provide this information to us when you use our Services, there is no requirement to do so. Where you do upload and choose to tell us sensitive information about yourself, including through submitting it via online portals, forms, surveys, or interactive portions of the Application, you are explicitly consenting to our processing of this information. To avoid any misunderstanding, in case you have any information that you would not like to make public, please do not place it to any placeholder on your profile. Based on the above para it will be published. We process your communications as well as the content you publish to operate and secure the Application and services, keep our community safe and support seamless conversation between users. For your personal data security, the Application strictly prohibits the uploading of any documents to any public pages of the Application.

Device and Browser Information:

When you access Nearby through Nearby Application, we collect your Internet Protocol (IP) address and your device information (via user agent), including your operating system (OS) version and application version. While we do not collect your precise location, we use your IP address and the country code associated with your phone number to estimate your general location (e.g., city or country). When you access Nearby Services through Nearby Application, we collect standard information that web browsers and servers make available such as your IP address, browser type, language preference, time zone, referring URL, date and time of access, and details of your OS, including its version number ("Web Access Information"). We also use certain essential cookies to maintain your session, manage your account preferences, and ensure a consistent and secure connection with our services.

2. The Purpose of the Personal Data Processing

Below is a list of the purposes for the processing of any user's personal data.

For Analytics

The data that we use for analytics purposes helps us to analyse, improve and develop the Application and its separate features. This relates not only to the implementation of new features but also to the bug fixing or improvement of the existing ones. Thus, these data are necessary to make the Application more user-friendly based on the exact data from the users but not on the hypothesis or any other sources.

For Communication with Users

For the facilitation of communication between the users, the Application may communicate certain information such as statistics, profile reviews, and other activities that the other users do concerning the profile of a particular user. The personal data shall be used for the communication of the above information to the user in which personal information is used. For the avoidance of doubt, we do not communicate the information to non-intended users. To support seamless conversation between users, we may use chat translation services. For that purpose, we may process your communications in chats and correspondence using the AI tool. This processing involves only anonymized content, without any link to the personality (this section applies to certain groups of users who are offered by Nearby to a chat translation service to support seamless conversation).

For Customer Support

We may use the personal information to communicate with users through our human support or AI assistant on various customer service matters such as security, notices, Service functioning and availability, financial and legal matters. We may also use your data to access you on behalf of us by our support and other teams to provide you with additional Services (including client care, technical and other types of support).

For Customization

The data may be used for the customization of our Services, including promotion and other available features. The information is also used to suggest the most convenient payment processing provider. We may use industry-standard platform-level machine learning model to show you useful and relevant offers tailored to your profile. We do not build such model so that it can learn, memorize, or is able to reproduce personal data.

For Fulfilment of Contractual Obligations and Legal Requirements

This mainly refers to the execution and enforcement of the contractual obligations under the Terms of Use. However, this purpose also means the use of personal data for scams and fraud prevention on the Application. You can find out more on these matters in relevant sections on the Application. For this purpose, we may also use the personal data to share it with third parties but for the purposes to comply with the law (share data with law enforcement agencies, including based on the legally binding request) and for dispute resolution (under the Terms of Use).

For Identity Verification

We may process personal data to verify user identity, prevent fraud and comply with legal requirements, including identity verification procedures conducted either directly by us or through our third-party identity verification provider. For this purpose, the Application may process personal data and, where applicable, collect the respective documents from users.

For Marketing

The personal data for marketing/advertising purposes is used generally in two ways: communication of any marketing offers by mail and/or phone number and personalization of the advertisements. This may also be used in order to transfer the data to our marketing contractors (the list of contractors is set out by us). Our contractors may receive and process your personal data collected by us or directly by themselves using both our and their own technologies. The communication by mail and/or phone number includes information about specific events, offers, features of the Application, etc. To let us know that you are not interested in such communication please unsubscribe from marketing emails or messages. The personal information that may be used for marketing purposes serves the ground for us when deciding whether or not to demonstrate any particular advertisement to a particular user.

For Payment Processing

The Application uses several payment processing providers. To offer the user the most convenient payment provider, the Application uses the information to deliver the most convenient payment processing solutions.

For Service Provision

This includes the data that is required for the smooth and flawless use of the Application and its features (including for errors and bug fixing). This data is also used for authentication and authorization purposes. It is also used to enable the internal search function on the Application (i.e. when a user searches another user). We may communicate with you, for example, by email, mobile phone (including, but not limited to direct SMS and or with the use of your phone number for in-app communication such as WhatsApp, etc.) or directly on the Service, including through push notifications.

For Request and Complaint Management

We process data subject requests of our users, as well as their complaints to any of our data processing practices. In order to verify the person who submits a request or complaint we may ask such person to provide some additional personal data or documents.

3. How Do We Process Your Data

We believe that your private conversations belong to you alone. To protect your digital space, we make the following strict commitments regarding your data:

• We will never sell or rent your personal data to anyone.
• We will never share your data with third parties for targeted advertising.
• We will never process your messages or metadata to serve you ads.
• We will never use your private chat history or media to train AI models.
• We will never embed third-party behavioural trackers into our app.
• We will never read your E2EE messages (unless we receive the messages in unencrypted form as part of abuse reporting process) because we simply don't have the keys.
• We will only use sensitive data, such as your exact location, for the explicit purpose of providing the service you requested (e.g., sharing your live or current location with a friend).

Automated processing of data

To keep Nearby fast, secure, and free of spam, our systems rely on certain automated processing methods. Our automated systems are used only for operational and security purposes such as:

• Service functionality and personalization: To make the app easier to use, our systems automatically process basic interaction metadata (such as the frequency of your communications) to provide convenient features, such as ranking your most frequently contacted friends at the top of your search results or share sheets.
• Spam and bot detection: We use automated algorithms to analyse account behaviour (e.g., account creation velocity, unusually high message volumes, or rapid group-joining) to detect and block spam bots before they can disrupt the platform.
• Account security & authentication: When you log in, our systems automatically process your phone number to generate and send a One-Time Password (OTP). Automated systems also monitor for suspicious, rapid login attempts to prevent unauthorized account takeovers.
• Abuse detection on reported content: When a user explicitly reports another user, a message or a file for violating our Terms of Service or Content and Conduct Policy, our automated systems may scan the content that is submitted as part of the report and match against the reported grounds for abuse detection, and against databases of known malicious links, malware, or illegal imagery (such as Child Sexual Abuse Material) to prioritise the report for review. (Note: Because of encryption, we cannot automatically scan your private chats. This only applies to content you or another user explicitly chooses to report to us).

Human review of automated processing and abuse reports

While machines help us operate at scale, we believe human judgment is essential for complex decisions, fair moderation, and providing quality support. Our trained trust and safety team members, subject to strict confidentiality agreements, may process your data in the following scenarios:

• Reviewing abuse reports: If an account, Group, or Channel is reported for severe violations of our Terms of Service or Content and Conduct Policy (such as harassment, hate speech, or illegal activity), a human moderator will review the specific messages or media included in the report. In the case of end-to- end encrypted chats, our moderators can only see the specific content that was reported to us; they cannot access your broader chat history.
• Profile and Public Content Moderation: If another user flags a specific element of your account that are visible to other users or public (such as your Profile Picture or "About" information), or a public-facing meta data (such as Channel/Group names or descriptions) for violating our guidelines, a human will verify the content and take appropriate action.
• Handling appeals and false positives: If our automated spam-detection and abuse-handling systems restrict or ban your account, you have the right to appeal. A human reviewer will look at the system logs and metadata to verify if the automated decision was correct or if it was a false positive, ensuring fair treatment.
• Customer support and grievance redressal: When you contact our support team, the privacy team or the Grievance Redressal Officer regarding technical issues, account recovery, to exercise your privacy rights, or to report a grievance, our human support agents will verify your identity and review the details of your request to assist you.

4. Core Rights for All Nearby Users

No matter where you are in the world, you enjoy the following privacy guarantees and can exercise the following rights using the settings inside the Nearby application:

• Right to Access & Information: You have the right to know what personal data we collect and how we use it. You can view your profile information, account settings, and the data you’ve shared with us directly within the application.
• Right to Correction: If your information is inaccurate or out of date, you can update your profile details (like your display name or profile picture) at any time through your account settings.
• Right to Withdraw Consent: Where we rely on your consent to use certain features such as accessing your device’s camera, microphone, or contact list, you can withdraw that permission at any time by changing the settings on your device.
• Right to Request Deletion: You can request the deletion of your account and personal data. Please note that local laws may require us to retain certain data for a minimum legally mandated period even after you delete your account.
• Right to Data Portability: You can request a copy of your personal data in a structured, commonly used, and machine-readable format to transfer it to another service.

Additional Rights Based on Your Location

Because data protection laws differ globally, users in certain regions have specific additional rights and responsibilities.

For Users Located in India

If you are using Nearby in India, the following applies to you:

• Right to Grievance Redressal: If you have an issue regarding how we handle your data, you have the right to have your grievance addressed. We require you to first contact our dedicated Grievance Officer using the contact details mentioned in our Terms of Service. You are expected to exhaust this internal support channel before escalating the matter to the Data Protection Board of India.
• Right to Nominate: You can nominate another individual who will be authorized to exercise your data privacy rights on your behalf in the event of your death or incapacity.
• Your Duties as a User: Along with your rights, the law expects you to fulfil certain duties. You must not register false or frivolous grievances, you must not impersonate others, and you must ensure the information you provide to us is authentic.

For Users Located in the European Economic Area (EEA) and the UK

If you are using Nearby in the EEA or the UK, you have the following additional rights:

• Right to Object & Restrict Processing: You can object to our processing of your data for specific purposes in our business interest, or ask us to temporarily freeze the processing of your data while a concern is being resolved.
• Right Regarding Automated Decisions: You have the right not to be subject to a decision based solely on automated processing (including profiling) if it significantly affects you, and you can request human review in such cases.
• Right to Complain to your Regulator: While we hope you contact us first to resolve any issues, you always have the right to lodge a complaint directly with the Data Protection Authority in your country of residence.

For Users Located in Certain US States

If you are a resident of certain US states that have enacted comprehensive consumer privacy laws, you have the following additional rights and clarifications:

• Rights Regarding Data Sales and Sensitive Data: While state laws give you the right to opt-out of the "sale" or "sharing" of your data for targeted advertising, and to limit the use of sensitive data (like precise location), Nearby does not engage in these practices. Because we do not sell your data and we strictly limit the use of sensitive data globally, you do not need to submit a request to exercise these specific rights.
• Right to Appeal: If you submit a privacy request and we decline to take action, you have the right to appeal our decision. We will provide you with instructions on how to submit your appeal when we communicate our decision.
• Right to Non-Discrimination: We will never deny you service, charge you different prices, or provide a different level of quality just because you chose to exercise your privacy rights.

How to Exercise Your Rights

For most actions like updating your profile, changing permissions, or deleting your account, you can use the options provided right inside the Nearby application settings. If you need to exercise any of the regional rights listed above, or if you need help with a privacy concern, please contact our privacy team at Nearby Email.

Data Retention and Account Clean-Up

Nearby is built on the principle of data minimization. We only keep your personal information for as long as it is necessary to provide our Services or to comply with applicable legal obligations.

• Standard Deletion Cycle: When your account is closed and marked for clean- up (whether due to voluntary deletion, or prolonged inactivity), your account data (including your profile information, group memberships, and any pending messages stored on our servers) will be permanently erased.
• To ensure system stability and efficiency, Nearby processes these permanent deletions in routine, automated clean-up cycles that occur every one hundred and eighty (180) days. Therefore, your data will be permanently wiped from our active servers during the next scheduled clean-up cycle following your account closure.
• Exceptions for Legal and Security Compliance: While we delete your account data as described above, Nearby is required to retain certain specific records to comply with applicable laws, respond to legal processes, and maintain the security and integrity of our platform. Under these legal and security obligations, we will retain the following information for the respective time period mentioned below after your account is closed and marked for clean-up:
  • User Registration Information: The basic information you used to create your account (such as your name and phone number) will be retained for a period of two (2) years.
  • Traffic Data and System Logs: Basic technical logs and routing metadata associated with your use of the app will be retained for a period of one (1) year.

Once these mandatory retention periods expire, these specific logs and registration details are also permanently and securely deleted from our systems.

Notifications of Changes to Privacy Policy

We may modify the Privacy Policy upon notice to you at any time through an in-app notification. Modifications to the Privacy Policy are effective upon publication on our Application. Your continued use of Nearby Services after the effective date of any change to the Privacy Policy will be deemed to be your agreement to the modified Privacy Policy.

Welcome to Nearby's Terms and Conditions of Use (these "Terms"). This is a contract between you and the Nearby Group (as defined further below) and we want you to know yours and our rights before you use the Nearby application. Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!). The Application (hereinafter collectively referred to as the “Platform”) is owned and operated by a Partnership Firm M/s CARNABY TECH.

This Agreement is published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. Users of the Platform are granted a nonexclusive, limited license to use and access the content and services offered in accordance with this Agreement.

Your access to, use of, browsing, or any other form of interaction with the Platform constitutes your acceptance of, and agreement to be bound by, this Agreement, as amended or modified from time to time. Continued use of the Application following any such amendment or modification shall be deemed to constitute your acceptance of the revised terms of the Agreement.

In order to use the Services on the Platform, a User must first register as a ‘Member’. For the purposes of this Agreement: “User” means any person who actively uses the Platform and intends to register for availing the Services and to display, promote, or manage his/her profile for legitimate purposes. “Member” means any User who voluntarily submits personal information to the Platform and registers on the Platform, whether such individual avails of the Services as a free or paid member.

Access to the Platform is free. However, Nearby App offers Premium Memberships that provide enhanced visibility and communication features, including but not limited to access to messaging and chat functionalities.

Nearby App reserves the right of admission and membership, and may, at its sole discretion, amend or update this Agreement from time to time. Continued use of the Platform constitutes acceptance of such modifications.

Nearby Application is committed to cooperating with law enforcement authorities, including police, the Cyber Crime Investigation Cell and other statutory bodies, in investigating and addressing fraudulent or unlawful activities on the Platform and its related applications on being specifically instructed by the said authorities to do so.

1. Acceptance of Terms of Use Agreement

a. The Application is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. This Agreement constitutes an electronic record within the meaning of the Information Technology Act, 2000 and the Rules made thereunder. This Agreement is an electronically generated contract and does not require any physical or digital signature. b. By registering on the Platform and using its Services, the Member hereby expressly consent to the collection, storage, processing, usage, and disclosure of your personally identifiable information, including sensitive personal data or information as defined under the applicable laws, which may include but is not limited to: i. contact details, photographs, and identity verification documents. ii. employment, educational, and financial information (if provided or required for paid memberships); and iii. any other information voluntarily submitted by you or generated as part of your usage of the Platform. c. The Member further consent to Nearby Application, using third-party tools, verification agencies, or subcontractors to validate the authenticity of the information submitted by the User. This includes conducting checks for past criminal records or other adverse information, at the sole discretion of Nearby Application, solely for the purpose of protecting the safety and interests of other Members. Please note that we will be unable to provide any Services without the retention and processing of your personally identifiable information. d. If you do not consent to the collection, use, or continued processing of your personal or sensitive personal data as outlined above, you are advised not to register or use the Platform / Application.

2. Information We Collect

To provide and improve our services, we may collect information including: a. Your email address and registration details. b. Device information such as device identifiers, operating system, app version, IP address, crash reports and other technical information. c. Usage and activity information required for security, fraud prevention, analytics, troubleshooting and compliance with applicable laws.

We collect only the information reasonably necessary to operate, secure and improve the application.

3. Eligibility

To register as a Member on the Platform and access or use the Services, the person must be an adult (or at least 18 years old) and have no legal restrictions to access the Service.

4. Registration

The registration on the Application is free of charge. To access the Service you have to create an account on the Application using your mobile number, email address, username, password, gender, and date of birth. You may also use the credentials of your Google account to accomplish the registration.

5. Events, Venues, Neighbourhoods and Local Information

The application may display information regarding Events, Venues, Restaurants, Pubs, neighbourhoods and other local places. Such information is obtained from third-party data providers and partner APIs. Although we aim to provide accurate and up-to-date information, we do not guarantee that any information is complete, accurate or current. Event schedules, venue details, opening hours, pricing, availability and local conditions may change without notice. Users should independently verify important information before making travel plans, purchases or attending events.

6. Maps and Local Information

Location-based results, search radius, nearby venues and recommendations are generated using third-party mapping and location services. These results may occasionally be inaccurate due to GPS limitations, mapping errors or third-party data. We do not guarantee the accuracy or completeness of location-based recommendations.

7. Private Messaging

Users may send you a connection request. If you accept a connection request, that user will be able to communicate with you through private messages.

You are solely responsible for the information you choose to share in private conversations. Please exercise caution when interacting with other users and never share confidential or sensitive personal information. The application is only a communication platform and is not responsible for the conduct, statements or actions of users, whether on public channels or in private conversations. If another user behaves inappropriately, harasses, threatens or attempts to scam you, please report the account immediately using the in-app reporting features.

You may disable incoming connection requests through the application's Settings at any time.

You are responsible for managing your privacy preferences and deciding who you communicate with.

8. Profile Restrictions

There are some limitations imposed on the Profile. They are as follows:

• You should use your real name to avoid any impersonation of other Users;
• Your username should not be subject to any rights of any other person, i.e. you should not use any other person's name; or
• Your username should not contain any offensive, vulgar, or obscene language;
• Your Username should not contain any contact information of yours such as telephone numbers, links to social media accounts, email addresses, etc.
• You should not create Multiple accounts for abusive, vulgar or obscene purposes.

Please note, a breach of the above may result in deletion of your account or other soft blocks or sanctions without any liability to you.

9. Account Security

a. The Member shall be solely and exclusively responsible for maintaining the confidentiality of the login credentials (including user ID and password) created or assigned at the time of registration on the Platform. b. The Member acknowledges and agrees that all activities conducted under their account shall be deemed to have been conducted by the Member, and the Member shall be liable for the same. The Member further expressly consents to the Platform collecting, storing, and using information relating to their activities on the Platform for the limited purposes of displaying curated advertisements, promotional offers, and recommendations, and for facilitating the provision of information about other Members, in accordance with the Platform's Privacy Policy. c. The Member undertakes to promptly notify Nearby Application, in writing, of any actual or suspected unauthorized access to or use of their account, or any other breach of security. Nearby Application shall not be liable for any loss, damage, or liability incurred by the User or any third party as a result of any unauthorized access to or use of the User's account arising from the User's failure to comply with this clause.

10. Paid Features

Some Services on our Application are paid. While searching is free, Online private chatting is not. The Application has paid Services for the Online Private Chatting.

All the prices are provided either on the User's profile page or at the page where a relevant paid feature is used.

11. Prohibited Conduct

You must not use the Platform to engage in any unlawful, harmful, deceptive, abusive, or exploitative behaviour, including but not limited to:

• Fraud, scams, and impersonation
• Sexual exploitation and human trafficking
• Harassment, abuse, and harmful behaviour
• Misuse of personal data and privacy violations
• Spam and unauthorised commercial activity
• Security and technical abuse
• Intellectual property infringement
• Unlawful or otherwise prohibited use

12. Prohibited Content

"Content" means any information, communication, media, and other files that the User publishes, sends, transmits, or makes publicly available on or through the Website. You must not post, share, or otherwise make available on the Platform any content that is unlawful, harmful, deceptive, abusive, or exploitative, including but not limited to:

• Sexually explicit material and child sexual exploitation content
• Content promoting human trafficking, modern slavery, and commercial sexual exploitation
• Hate speech and discrimination
• Violence and dangerous content
• Deceptive, malicious, and unsafe content
• Intellectual property infringement
• Spam, unauthorised advertising, and other prohibited material

The above breaches, in case it is possible, may be considered as breaches of Terms even in the cases where such breach was done outside of a Website.

13. Rights of the Application / Platform concerning Prohibitions

The Application / Platform is not limited to conducting internal investigations, background checks, or other screenings at any time and using available public records, social networks. This provision concerns any breach under these Terms and any User of the Application.

In case the Application discovers any breach committed by the User on the Application or outside of it we may deactivate your profile on the Application.

We are not limited in any other legal means for the protection of the rights because of such violation, without limitation, seeking civil, criminal, and injunctive redress.

In case the Application detects or receives a credible report from the User of any unauthorized access, retention and/or disclosure of Classified Information by the User on the Application, we may inform relevant law enforcement or national security agencies. We also reserve the right to cooperate fully with any government investigations regarding unauthorized access, retention or disclosure of Classified Information.

Notice of any such termination may be sent to the Member via the email address registered with your account, and such notice shall be deemed served upon dispatch. In the event your membership is terminated due to a breach of this Agreement, the Member shall not be entitled to any refund of subscription or membership fees, if any, paid by him/her.

14. Content uploaded at your Own Risk

The Application, regardless of its efforts to provide the best level of data security, does not guarantee protection from the unauthorized use of the User Content by third parties. To the furthest extent permitted by applicable law, you hereby release and forever waive any claims you may have against Nearby Application for any such unauthorized copying or usage of the User Content, under any theory.

THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

15. Interaction between Users

The Application / platform is not responsible for the communication between the Users and disclaims all liability for the interaction between them. The Application / platform is not in a position to control and have an impact on the Users and thus it is not in a position to make any guarantee as to the quality, duration, motivation of the Users, and any other similar matters. The Application will submit a Notification on the Application when any user will send you a connection request.

Subject to certain conditions, a User may request the contact information of another User. The contact information will be disclosed to the requesting User only if all the conditions for the request are fulfilled and the other User has provided voluntary consent to share their details. We may offer certain users a chat translation feature.

Translations are generated automatically and may contain errors, omissions, or inaccuracies. Nearby Application makes no representations or warranties with respect to the accuracy, reliability, or completeness of translations. You acknowledge and agree that any reliance on translated content is at your own risk, and Nearby Application shall not be liable for any loss, misunderstanding, or damage resulting from the use of the translation feature.

16. Public Content

Messages posted in public channels may be visible to other users.

Please think carefully before posting any content publicly. Once information is shared publicly, it may be copied, shared or retained by other users, and we may not be able to remove it completely.

17. Content Reliability

The Application /Platform does not guarantee with regards to any part of the User Content that it is reliable. Considering that each User is responsible for its contents the User hereby confirms that he or she shall not consider any User Content accurate, complete, or reliable.

Considering the above, the Application /Platform shall not be liable for any loss or damage arising from your reliance on information or other content posted on the Application / Platform or transmitted to or by any User or third party.

18. Disclaimer on Interaction between Users

The Application / Platform hereby disclaims all and any guarantees and representations as to:

• specific results a User may experience from the use of the Application or Services;
• any expectations of the User by the conduct of Users in any manner;
• the conduct of any criminal background checks or screenings on all Users by the Website.

You assume all risks associated with interacting with any and all Users or other third parties, including without limitation the risk that information about a certain User is posted on the Application or information provided by a User in the course of interactions with other Users on the Services may be false or misleading. The Application Nearby is not responsible or liable for any mishappenings or any act or any risks associated with interacting with any User and all Users or other third parties and disclaims all liability for the interaction between the Users.

19. Use of Contacts and Interaction with Customer Service

• Electronic Communication You hereby agree that the Application / Platform shall be entitled to communicate with you (including, but not limited to through email communication) on any issue arising from these Terms of Use.

Any communication with Nearby Application shall be deemed an electronic communication. This electronic communication shall consider all types of communication with Nearby Application.

All electronic communications shall be treated the same way as they were done in writing and will have the same effect as those that are required to be done generally in official communication (including the requirements of signing, sealing the documents, etc.). For the avoidance of doubt, any notification that is done in electronic communication shall be deemed duly executed.

• Messages You agree that by providing your mobile telephone number, you give your consent to receive text messages at that number as requested for account verification, message notifications, and other purposes related to the Services or Website.

The Website does not charge the user for receipt of the text messages. Thus, you shall be the sole responsible for any charges that may occur within receipt of the text messages.

We may use different means for the message delivery. Thus, we are not responsible for the timeliness of the message delivery and receipt.

Please consider that the use of your mobile phone number is done under our Privacy Policy.

• Customer Service Request You agree to treat the customer service representatives with full respect and do not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and behaving inappropriately anyhow.

We may terminate your use of the Services in case we detect a breach of this provision.

20. Termination of Account

"Termination" or "Blocking" temporary or permanent restriction of access to a User profile. The permanent restriction will trigger the deletion of all the information about the User from the servers and complete erasure of all data related to a User profile.

We reserve the right at our sole discretion to terminate or suspend any account at any time without liability. We will notify you when we take action against your account unless it is illegal for us to do so (for example, law enforcement agencies prohibit us to do so). Without limiting the above mentioned in any way, we specifically reserve the right of account's termination or suspension for these Terms violation, or if we define your conduct or content as inappropriate in our sole discretion.

The Termination may be done as well for non-activity of the User for at least six consecutive months.

A User may voluntarily Terminate or Delete his or her account temporarily or permanently at its sole discretion at the Application /Platform.

21. Third Party

The Application / Platform may provide links to third-party websites or services. Such links are provided "as is" and "as available" without any warranties, representations, or endorsements of any kind. You acknowledge and agree that your use of any third-party links, websites, or services is at your own risk and subject to the terms and conditions and privacy policies of the relevant third-party provider.

To provide the Service, we may engage various third parties, either directly or indirectly through our partners (collectively, "Suppliers") for the following: purposes such as affiliate marketing, advertising, user acquisition, identity verification, or the provision of additional services. All such Suppliers, partners, and affiliates act as independent contractors and are not agents, employees, joint venturers, or partners of Nearby Application. Nearby does not control the day-to-day operations, business decisions, or methods of any Supplier, partner, or affiliate. Each Supplier, partner, and affiliate is solely responsible for its own acts and omissions, including compliance with applicable laws and ethical standards.

Nearby strictly prohibits any form of fraudulent, deceptive, or illegal activity by its Suppliers, partners, or affiliates. Any engagement in such conduct is grounds for immediate termination of the relationship and may be reported to the relevant authorities. If you become aware of any suspected fraudulent or improper activity by a third party in connection with the Application or Services, please report it to us immediately at Contact Us provided in the Application.

Nearby does not guarantee, and expressly disclaims any responsibility or liability for, the actions, omissions, or services of any third party, Supplier, partner, or affiliate, including but not limited to any loss, damage, or harm resulting from third-party fraud, misconduct, or failure to perform. You acknowledge and agree that Nearby is not liable for any damages or losses arising from your reliance on, or interactions with, any third party, except as required by applicable law.

Nearby does not and cannot guarantee that the Application / Platform or Services are free from third-party fraud, scams, or misconduct. While we take reasonable steps to vet and monitor our partners and Suppliers, you acknowledge and accept that all interactions with third parties carry risks, and Nearby Application is not responsible for policing or preventing all such risks.

22. Copyright Policy

You hereby acknowledge and agree that Nearby owns, possesses, and has the title over the intellectual property, licenses, or otherwise retains all and any proprietary rights to the Application / Platform and the Services.

Those rights include but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other similar rights, wherever existing in the world, together with the sole and exclusive right to apply for the protection of the same on behalf of Nearby.

The Application / Platform contain the objects of intellectual property of other parties such as copyrighted material, trademarks, and other proprietary information. Except for the cases where it is permitted by the Application / Platform or the Law, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

The Application / Platform simply provides access to the Service to you, and the Application / Platform does NOT grant you any ownership rights in the Service, the Application, or any associated intellectual property. For the avoidance of any doubts, you may not post, transmit, distribute, reproduce or reverse-engineer in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the Application / Platform.

23. IP Rights Infringement

Any activity that infringes the intellectual property rights of or on the Application / Platform or Services is not allowed.

The Application / platform is entitled under a reasonable belief that the User infringes in any manner the intellectual property rights of the Website, Services, and or other third-party to remove or disable access to the content or the Application / Platform.

In case this type of infringement is done by using the intellectual property objects and posting them as User Content the Application / Platform shall be entitled to remove this content. This does not affect the possibility to apply the sanctions described herein.

The application of the said sanctions may be done upon the receipt of the intellectual property rights owner or holder or without it.

24. Exclusion of Warranties and Liabilities

We and our subsidiary companies, employees, owners, representatives, and agents:

(a) expressly disclaim (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to our Service or any content on it, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, any results from the use, and non-infringement, in particular:

• the Application / Platform or Services will meet your requirements,
• the Application / Platform or Services will be uninterrupted, timely, secure, or error-free,
• the results that may be obtained from the use of the Application / Platform or Services, including data, will be accurate or reliable,
• correctness of any information that is available on the Application / Platform,
• the quality of any data or service available on the Application / Platform or Services will meet your expectations,
• information in the profiles of its users,
• possibility to achieve a desirable relationship and outcome or a successful experience,
• that the particular User is using his or her profile personally, and
• any errors in the Application / Platform or Services will be corrected.

(b) won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:

• your inability to use our Service or any of its services, features or programs; or
• your use of or reliance on any content on our Service;

(c) won't be liable to you for any:

• loss of profits;
• loss of sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation;
• loss of data or information, including any content; or
• indirect or consequential loss or damage;

(d) won't be liable to you for any content you may access while using the Application / Platform or Services as well as for any damage to your computer system or mobile device or loss of data that results from the use of any such material.

(e) won't be liable to you for information in the profiles of the other users as well as for the behaviour of the other users. The main purpose of the Services is to create a space for communication between the users, thus, we do not check the information in the profiles of the users and do not control the actions of others.

(f) we do not guarantee that the Application / Platform or Services will be free from fraud, scams, or other unlawful conduct by third parties, partners, or affiliates. Nearby expressly disclaims any liability for losses, damages, or harm arising from the acts or omissions of any third party, Supplier, partner, or affiliate, including but not limited to fraudulent activity, misrepresentation, or failure to perform. You agree that your sole recourse in such circumstances is against the responsible third party, except as otherwise required by applicable law.

Any content you may access while using the Application / Platform or services is accessed at your own discretion and risk. The Application / Platform or Service shall not be responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material. The Services are provided on an "as is" and "as available" basis. You accept and agree that you use the Application / Platform and the Services at your own risk.

25. Absence of any Advice on the Service

Any content or statement that is published or posted by any User as a Chat on the Application / Platform shall not be deemed as any professional financial, medical, legal, or other advice. All the content and statements related to the Application / Website are placed here for informational and entertainment purposes.

Nearby makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Application / website or Services. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

26. Change of the Information

The Application / Platform has a right to change any information on the Application and on the Services at any time and in any manner. This also allows us to modify or discontinue, temporarily or permanently, the Application / Platform or Service (or any part thereof) at our sole discretion with or without notice.

The User hereby agrees that the Application / Platform shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the Application / Platform or Services.

27. Payment Terms

Nearby may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through paying with your credit card, debit card, Net Banking or UPI, which will be processed by a third-party processor.

Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal: Nearby may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one- month subscription, or three-month subscription (“Premium Services”).IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT NEARBY’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS.

To avoid charges for a new subscription period, you must cancel, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Nearby Application changes these prices and you do not cancel your subscription, you agree that you will be charged at Nearby’s then-current pricing for subscription.

28. Indemnity

All the actions you make and information you post on Nearby Application remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

• any negligent acts, omissions or wilful misconduct by you;
• your access to and use of the App;
• the uploading or submission of Content to the App by you;
• any breach of these Terms by you; and/or
• your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

The foregoing provision does not require you to indemnify Nearby Group for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application.

29. Third Party App store

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

• These Terms are concluded solely between you and the Nearby Group and not with the providers of the Third Party Store, and the Nearby Group (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
• The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Nearby Group is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Nearby Group.
• The Nearby Group, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
• The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

30. Contact

If you have any questions regarding these Terms, your privacy or user safety, please contact us through the support section of the application.

When you use or browse Nearby Application, cookies, pixels or similar technologies (hereinafter together "cookies") may be installed on your mobile phone or browser or other devices. We present you this Cookie Policy (the "Policy") to explain to you the principles of what cookies and similar technologies are, the purpose of their use, what types of them are placed on your mobile phone or browser or other devices when you visit Nearby, and how we manage them. You will also find various information concerning the collection of consent occurring prior to the deposit and reading of certain cookies on the browser you are using. Before using Nearby, you are invited to take knowledge of this Policy. For information about how we process, collect and process personal data more generally, please see our Privacy Policy.

What are cookies

Cookies are small data files that are placed on your computer or mobile device when you visit an application or a website. Cookies and other technologies are used to store and receive information (including identifiers) on or from computers, mobile phones and other devices. Cookies are widely used by online service providers in order to (for example) make their Application or websites or services work, or to work more efficiently, as well as to provide reporting information. Cookies that are required for the website or Mobile Application to operate properly are allowed to be set without your permission. All other cookies need to be approved before they can be set in the browser. We may use Cookies for a variety of purposes and to enhance your online experience, for example, by remembering your log-in status. We use both session and persistent tracking technologies. Tracking technologies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser or Application). We use first and third-party cookies. First party cookies are used and controlled by us to provide services. Third-party cookies are controlled by third-parties, mostly for marketing, advertising and analytics purposes. Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

Which Cookies does Nearby use and why do we use them

Cookies can be used for different purposes, including:

• Required/Strictly Necessary Cookies: These cookies are essential in order to enable you to move around the Services and use their features, such as accessing secure areas of the Services, enabling Applications or Websites functions and for limited internal analytics purposes. We preserve your privacy when we collect cookies for our internal analytical purposes and we set only first-party cookies. Without these cookies, core services, Application or Websites features cannot be provided.
• Performance Cookies: These cookies collect information about how visitors use the Services — for instance, which pages are visited most often and whether visitors encounter error messages. All information these cookies collect is aggregated and is only used to improve how Nearby works.
• Functional Cookies: These cookies allow Nearby to remember choices you make — such as your language or region — and provide enhanced, more personalised features. They can also remember customisations you have made, such as text size or font preferences. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
• Advertising/Targeting Cookies: These cookies are used to deliver advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with our permission. They record websites you have visited and this information is shared with other organisations, such as advertisers.

Please note: Our cookie set may change from time to time due to technical updates or changes in our business practices. We encourage you to review your cookie preferences periodically to stay informed.

How to control cookies

You can follow the instructions provided by your browser or device (usually located under "Settings" or "Preferences") to modify your cookie settings. Your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. These controls vary by browser, and manufacturers may change both the settings they make available and how they work at any time. Certain parts of Nearby App Products may not work properly if you have disabled browser cookies.