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NEARENCE TERMS OF SERVICE

Effective Date: August 8, 2026

These Terms of Service (“Terms”) form a binding agreement between you and Appertini LLC, a Colorado limited liability company, doing business as Nearence (“Nearence,” “Appertini,” “we,” “us,” or “our”).

Nearence is a location-based social and event-discovery service that may allow adults to discover and communicate with people nearby, form social, friendship, dating, romantic, or consensual adult connections, discover nearby events and activities, share content, and use other social and location-based features.

By creating an account, accessing, or using Nearence, you agree to these Terms, our Privacy Policy, and applicable Community Guidelines.

1. Eligibility — Adults Only

You must be at least 18 years old to create an account or use Nearence.

By using Nearence, you represent that:

  • you are at least 18 years old;
  • you have legal capacity to enter into these Terms;
  • you are not prohibited by law from using the Service; and
  • the information you provide about yourself is materially accurate.

Nearence may suspend or permanently terminate an account if we reasonably believe the user is under 18.

If you believe a person under 18 is using Nearence, contact support@nearence.com.

2. Your Account

You are responsible for activity occurring through your account and for maintaining control of the email account or other authentication method associated with it.

You may not impersonate another person, create materially deceptive profiles, sell or transfer accounts without authorization, or use another person’s account without permission.

We may use reasonable measures to verify accounts or investigate suspected fraud, abuse, safety concerns, or violations of these Terms.

Verification does not constitute a guarantee of a user’s identity, age, background, intentions, character, or safety.

3. Location-Based Services

Nearence uses location information to provide features such as nearby-person discovery, distance ordering, maps, local event discovery, and other location-based functionality.

Nearence may offer privacy controls, including features designed to limit how location information is displayed to other users. Such controls reduce certain disclosures but cannot eliminate every privacy or safety risk associated with using a location-based service.

You control whether to provide Nearence with device permissions required for location functionality, although disabling required permissions may make some features unavailable.

4. Interactions With Other Users

Nearence facilitates connections between adults but is not a party to interactions, relationships, communications, meetings, sexual activity, transactions, or other arrangements between users.

Nearence does not guarantee the identity, age, intentions, statements, conduct, compatibility, health status, criminal history, or safety of another user.

Unless expressly stated otherwise, Nearence does not conduct criminal background checks on every user.

You are responsible for deciding whether, when, and where to communicate with or meet another person.

Exercise appropriate precautions when meeting someone for the first time, including considering a public location, telling someone you trust where you will be, maintaining your own transportation when appropriate, and protecting personal and financial information.

5. Consent and Sexual Conduct

Nearence may be used by adults seeking dating, romantic relationships, social connections, or consensual adult sexual encounters.

Use of Nearence never constitutes consent to sexual activity or any other physical interaction.

Consent must be freely and affirmatively given by the people involved and may be withdrawn at any time.

You may not use Nearence to facilitate sexual assault, coercion, exploitation, trafficking, prostitution where prohibited by law, non-consensual sexual activity, or other unlawful conduct.

6. User Content

“User Content” includes profile information, photographs, messages, posts, event-related content, and other material users submit through Nearence.

You retain ownership of User Content you own.

By submitting User Content, you grant Appertini LLC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, transmit, adapt, and otherwise use that content as reasonably necessary to operate, secure, improve, moderate, and provide Nearence.

This license ends when the content is deleted from our active systems, except to the extent retention is reasonably necessary for backups, legal compliance, fraud prevention, safety investigations, enforcement, or other legitimate purposes permitted by law.

You represent that you have the rights necessary to submit your User Content and that doing so does not unlawfully violate another person’s rights.

7. Adult and Explicit Content

Nearence is an adults-only service and may permit non-explicit adult-oriented or suggestive content consistent with our Community Guidelines.

At launch, Nearence does not permit pornography, visible genitals, explicit depictions of sexual acts, or other sexually explicit images or video in public profiles or through private messaging.

Nearence may modify its content rules as the Service develops. Current content standards are described in the Community Guidelines.

Regardless of future policy changes, content involving minors, sexual exploitation, non-consensual intimate imagery, or unlawful sexual content is strictly prohibited.

8. Prohibited Conduct

You may not use Nearence to:

  • harass, threaten, stalk, exploit, defraud, or impersonate another person;
  • distribute non-consensual intimate imagery;
  • solicit, create, possess, or distribute sexual content involving minors;
  • promote human trafficking or sexual exploitation;
  • engage in scams, phishing, financial fraud, or deceptive commercial activity;
  • distribute malware or interfere with Nearence’s systems or security;
  • scrape, crawl, harvest, index, or systematically collect Nearence data without written authorization;
  • use bots, scripts, automated accounts, or unauthorized automated systems;
  • attempt to obtain source code or circumvent technical protections except where applicable law expressly permits such activity notwithstanding this restriction;
  • copy, reproduce, or commercially exploit Nearence’s protected software, branding, graphics, designs, content, or proprietary materials without permission;
  • use Nearence or its proprietary materials to train, develop, benchmark, or create a competing product in violation of applicable intellectual-property, contractual, or other legal rights;
  • collect or publish another user’s precise location or private information without authorization;
  • interfere with another person’s use of the Service; or
  • use Nearence for unlawful purposes.

9. Nearence Intellectual Property

Except for User Content and third-party materials, Nearence and its associated software, source code, logos, trademarks, graphics, original designs, documentation, databases and compilations, text, and other proprietary materials are owned by or licensed to Appertini LLC and are protected by applicable law.

Your access to Nearence gives you a limited, personal, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms. It does not transfer ownership of Nearence intellectual property to you.

Publicly available features, functionality, concepts, or ideas are not automatically confidential merely because they appear within Nearence. However, non-public technical information, source code, credentials, security information, or other material expressly disclosed to you as confidential must not be disclosed or misused except as permitted by law.

Nothing in these Terms prevents lawful competition or use of information that cannot legally be restricted.

10. Events and Event Discovery

Nearence may display events, venues, gatherings, activities, promotions, or other information based on your location or interests.

Unless an event is expressly identified as being organized by Appertini LLC or Nearence, Nearence is not the organizer, operator, owner, sponsor, or controller of that event.

Event information may originate from organizers, venues, users, public information, APIs, or other third-party sources. Event information may be incomplete, inaccurate, changed, postponed, or canceled.

You should independently verify important information with the organizer or venue, including location, time, admission requirements, age restrictions, accessibility, pricing, rules, and cancellation status.

Attendance at a third-party event is between you and the applicable organizer, venue, and other participants. Nearence does not guarantee the quality, legality, accessibility, availability, or safety of third-party events.

Different or supplemental terms may apply to an event expressly organized or sold by Nearence.

11. Promotional Free Access

Nearence may provide new or existing users with a free or promotional access period.

The duration of promotional access will be displayed or otherwise communicated to the user and may vary by promotion, user, or time period.

Unless expressly disclosed otherwise when you enroll, expiration of promotional access does not automatically enroll you in a paid subscription or charge you.

When promotional access expires, some or all Nearence functionality may become unavailable until you purchase a subscription.

Appertini may extend, modify, discontinue, or introduce promotional programs subject to applicable law.

12. Paid Subscriptions

After promotional access expires, Nearence currently intends to offer continued access through a subscription priced at $9.99 per month.

The actual price and billing terms displayed at checkout when you subscribe control your purchase. Prices may change in the future.

You will not be charged merely because your promotional access expires. You must affirmatively choose to purchase a paid subscription and provide or authorize an accepted payment method.

Once purchased, a monthly subscription automatically renews for successive monthly periods until canceled unless otherwise disclosed at checkout.

Before purchase, Nearence will disclose the applicable price, billing frequency, automatic-renewal terms, and material subscription conditions.

13. Cancellation and Billing

You may cancel a subscription using the cancellation method made available through Nearence or the applicable payment provider.

Cancellation prevents future renewal charges but generally does not retroactively refund amounts already properly charged, except where required by law or expressly provided by Nearence.

After cancellation, paid access may continue through the end of the already-paid billing period.

If Nearence is later distributed or billed through an app store or third-party platform, purchases made through that provider may also be subject to its billing, cancellation, and refund rules.

Nearence may change subscription prices. Where required, we will provide notice before a changed price applies to a subsequent renewal.

14. Account Suspension and Termination

You may stop using Nearence and may delete your account using available account controls.

We may warn, restrict, suspend, or terminate an account where we reasonably believe doing so is necessary to enforce these Terms or Community Guidelines, comply with law, protect users or the public, investigate fraud or security issues, or protect Nearence and Appertini.

Serious safety violations may result in immediate termination.

Where appropriate and legally permitted, Nearence may consider appeals or requests for review.

15. Third-Party Services

Nearence may rely on or link to third-party services, maps, payment processors, event providers, APIs, websites, or other resources.

Third parties may have their own terms and privacy practices. Appertini is not responsible for third-party services that it does not own or control.

16. Service Changes and Availability

Nearence is under active development. We may add, modify, remove, test, or discontinue features and may change how the Service operates.

We do not guarantee uninterrupted or error-free availability.

Where legally required, material changes affecting paid services or contractual rights will be communicated appropriately.

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, NEARENCE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

APPERTINI LLC DISCLAIMS WARRANTIES THAT MAY LEGALLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USERS ARE WHO THEY CLAIM TO BE, THAT EVENTS OR USER-PROVIDED INFORMATION ARE ACCURATE, OR THAT USING NEARENCE OR MEETING PEOPLE THROUGH NEARENCE WILL BE SAFE OR PRODUCE A PARTICULAR RESULT.

Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, APPERTINI LLC AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO NEARENCE.

TO THE FULLEST EXTENT PERMITTED BY LAW, APPERTINI LLC’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NEARENCE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

These limitations do not apply where prohibited by law or to liability that cannot legally be limited.

19. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Appertini LLC and its affiliates, members, officers, employees, contractors, and agents from third-party claims, damages, liabilities, and reasonable expenses arising from your unlawful conduct, your material violation of these Terms, your User Content, or your infringement of another person’s rights.

This provision does not require you to indemnify Appertini for conduct for which indemnification cannot lawfully be required.

20. Informal Dispute Resolution

Before initiating arbitration or litigation, you and Appertini agree to make a good-faith effort to resolve the dispute informally.

A party seeking relief should provide written notice describing the dispute and requested resolution. Notices to Nearence may be sent to support@nearence.com with “Legal Dispute” in the subject line.

The parties will have 30 days after receipt of a sufficiently detailed notice to attempt informal resolution before commencing arbitration, except where immediate relief is legally necessary.

21. Individual Binding Arbitration

Except for qualifying small-claims matters, requests for emergency injunctive relief where legally permitted, or disputes that applicable law prohibits from arbitration, disputes arising from or relating to Nearence or these Terms will be resolved through individual binding arbitration under the Federal Arbitration Act.

Arbitration will be administered by a nationally recognized arbitration provider under applicable consumer arbitration rules identified in the notice initiating arbitration.

The arbitrator may award the same individual remedies available in court to the extent permitted by law.

Arbitration means you and Appertini waive the right to have covered disputes decided by a judge or jury.

22. Class-Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND APPERTINI AGREE TO BRING COVERED CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION.

If applicable law prevents enforcement of a particular portion of this waiver, that portion will be treated as required by applicable law without unnecessarily invalidating the remainder of the arbitration agreement.

23. Arbitration Opt-Out

You may opt out of Sections 21 and 22 by sending a written opt-out notice to support@nearence.com within 30 days after you first accept a version of these Terms containing the arbitration provision.

Your notice must identify the account email associated with Nearence and clearly state that you are opting out of the arbitration agreement.

Opting out of arbitration will not affect your ability to use Nearence.

24. Small Claims

Either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains an individual action.

25. Governing Law

Except where federal law or mandatory law provides otherwise, these Terms and disputes not subject to arbitration are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

Nothing in this section deprives a consumer of protections that cannot lawfully be waived.

26. Changes to These Terms

We may update these Terms as Nearence develops.

For material changes, we will provide notice appropriate to the circumstances and, where legally required, obtain renewed acceptance.

Changes will not retroactively alter rights or obligations where doing so would be prohibited by law.

27. General Terms

If a provision of these Terms is held unenforceable, the remaining provisions remain effective to the extent permitted by law.

Our failure to enforce a provision is not a waiver of that provision.

You may not transfer your contractual rights or obligations under these Terms without our permission. Appertini may transfer these Terms in connection with a merger, reorganization, financing, acquisition, sale of assets, or similar business transaction, subject to applicable law.

28. Contact

Nearence is owned and operated by:

Appertini LLC Colorado, United States Email: support@nearence.com

Questions concerning these Terms may be sent to the email address above.

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