Effective : November 04, 2024
Global Ressources System, denoted hereafter by the DEVELOPER, built the NearByes mobile application as a Free application. This SERVICE is provided by Global Ressources System at no cost and is intended for use as is. A USER of the application is a person that created an account in the NearByes mobile application from application stores like Apple AppStore and Google PlayStore. The NearByes mobile application is denoted hereafter as NearByes or Service or the App. These terms outline the rules and regulations for using NearByes. By creating an account on NearByes or using NearByes, you agree to comply with these terms. If you disagree with any part of these terms, please refrain from using the Service.
The content on NearByes, including text, images, logos, and trademarks, is protected by intellectual property laws. You may not use, reproduce, or distribute our content without our explicit permission. You’re not allowed to attempt to extract the source code of NearByes, and you also shouldn’t try to translate NearByes into other languages or make derivative versions. NearByes itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to the DEVELOPER.
You understand and agree that Global Ressources System is not responsible for the profile pictures or content posted by other users, and we do not endorse or support any messages or information contained therein. We reserve the right to make changes to NearByes or to charge for its services, at any time and for any reason. We will never charge you for NearByes or its services without making it very clear to you exactly what you’re paying for.
The NearByes app stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to NearByes secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the NearByes app won’t work properly or at all.
The NearByes app does use third-party services that declare their Terms of Service.
Global Ressources System will not take any responsibility for any use you make of NearByes. Certain features of NearByes will require the app to have an active internet connection and your location data. Global Ressources System does not take responsibility for the NearByes app not working at full functionality.
If you’re using NearByes outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing NearByes, or other third-party charges. In using NearByes, you’re taking responsibility for any such charges, including roaming data charges if you use NearByes outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using NearByes, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Global Ressources System does not take responsibility for the way you use NearByes. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Global Ressources System is not responsible.
Global Ressources System accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionalities of NearByes.
At some point, we may wish to update NearByes. Global Ressources System does not promise that it will always update NearByes so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to NearByes when offered to you. We may also wish to stop providing NearByes, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using NearByes, and (if needed) delete it from your device.
The services of NearByes are not guaranteed. Some or all functionalities may not be available occasionally or indefinitely. Global Ressources System does not ensure any responsibility regarding any damage or concern that may occur during this unavailability.
NearByes is Free for download and use of basic features. Some of the features of NearByes are not Free. NearByes offers payable subscriptions to use specific features listed in the subscription page.
By subscribing to any of NearByes’ payable services, including but not limited to NearByes Premium, you agree to the following terms and conditions:
NearByes rewards users with points, known as Flashes, each time they use the app. Flashes are designed primarily to enhance user interaction and engagement within the NearByes community. These points can be used in the following ways:
You are solely responsible for your use of the Service and any content that you post, send, or store through the Service. You agree not to upload, post, send, comment on, or store content that:
You are committed to using the report button to inform us of any disrespectful use of NearByes by other users as soon as you notice it.
You agree not to use the Services to:
We take safety and respect for the rights of others seriously. You are responsible for anything that happens in your account, so please keep it secure. You agree not to harass, stalk, or harm other users of our application. You also agree to respect the intellectual property rights of others.
You agree that the registration information you give to us is true and that you will keep it up to date. We reserve the right to terminate your account if we discover that you have provided false information.
By using the Services, you grant NearByes the permission to use your Instagram username, profile picture and location for the app's features, ads, and sponsored content. Specifically, you are aware that this information is available to the other NearByes users and may appear in our promotion and marketing supports (videos, pictures, posts, documents …).
Our privacy policy outlines how we collect, use, and protect your personal information. By using our services, you consent to our privacy practices.
In no event shall Global Ressources System be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
You agree to defend, indemnify and hold harmless Global Ressources System from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
These terms are governed by the laws of Morocco. Any disputes will be resolved in the appropriate courts within this jurisdiction. You agree that any action at law or in equity arising out of or relating to these terms of use or the services shall be filed only in the courts located in Marrakech, Morocco, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
We reserve the right to modify these Terms of Service at any time, with or without notice. Your continued use of our application after any such modification constitutes your acceptance of the modified terms. You can always access these Terms of Service from your Profile Page. These Terms of Service are concluded between you and Global Ressources System, and not with Apple Inc. (“Apple”). By using our NearByes social network application, you agree to these Terms of Service and any updates to them. Please contact us if you have any questions or concerns.
The NearByes app is not affiliated, endorsed, or sponsored by Instagram. We are using Instagram’s trademarks with their permission or in a descriptive manner, as allowed by their brand guidelines. We are not infringing on Instagram’s intellectual property rights or misrepresenting our relationship with them. We are not liable for any damages or losses arising from your use of Instagram’s trademarks or services. Please contact us if you have any questions or concerns regarding this disclaimer.
If you have any questions or suggestions about our Terms of Service, do not hesitate to contact us at contact@nearbyes.com.