Effective date: June 10, 2026
These Terms of Service ("Terms") govern your use of the NearMeep mobile application ("NearMeep," "the app," "we," "us," "our"), published by Mark Kaminsky. By installing or using NearMeep, you agree to these Terms. If you do not agree, do not use the app.
You must be at least 13 years old to use NearMeep. NearMeep requires an active iCloud account on your Apple device. If you are using the app on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
You may not use NearMeep if you have previously been banned from it, or if applicable law prohibits you from using a service like NearMeep.
NearMeep uses your Apple iCloud identity for authentication. You are responsible for any activity that occurs under your iCloud identity while using NearMeep. Each user is permitted one account.
NearMeep lets you create and share content with other users — including beacon labels, voice clips, voice drops, chat bubbles, status messages, and your display name. Collectively, this is "Your Content."
You retain ownership of Your Content. By submitting Your Content to NearMeep, you grant us a non-exclusive, royalty-free, worldwide license to host, store, display, and transmit Your Content as needed to operate the app and deliver it to the recipients you choose (your friends).
You are responsible for Your Content. You represent and warrant that you have the right to share it, and that it does not violate these Terms or any law.
You agree not to use NearMeep to create, share, or transmit content that:
You also agree not to:
We commit to reviewing user reports of abuse within 24 hours and removing content that violates our community guidelines.
Tap the Report option available on every reportable surface in the app — friend rows, voice clips, beacons. Choose a reason (harassment, hate speech, sexual content, self-harm, spam, impersonation, violence, or other) and optionally add detail. Reports are submitted directly to our moderation queue.
You can also report concerns by emailing msksoftware@yahoo.ca.
When we receive a report, we will:
We may also act proactively when we become aware of a violation, including through automated content filtering at the time content is created.
If your content is removed or your account is restricted and you believe this was in error, you may appeal by emailing msksoftware@yahoo.ca within 30 days. Include your friend code (in-app: Friends → My QR Code) and a brief description of the situation. We will review appeals within a reasonable time and respond.
You may stop using NearMeep at any time by uninstalling the app and signing out of iCloud. To delete your data, see the deletion process in our Privacy Policy.
We may suspend or terminate your access to NearMeep at any time, with or without notice, if we believe you have violated these Terms, if your conduct creates risk for other users, or if continued service would harm NearMeep, its users, or third parties. Termination may include removal of your content from CloudKit.
NearMeep is provided "as is" and "as available." We make no warranty that the app will be uninterrupted, error-free, accurate, or secure.
In particular: location data from your friends is dependent on their device, network, and CloudKit availability. Locations may be stale, missing, or inaccurate. Do not rely on NearMeep for safety-critical purposes (search-and-rescue, medical emergencies, child supervision in dangerous environments, etc.).
We make no representation that content shared by other users is accurate, lawful, or safe.
To the maximum extent permitted by law, Mark Kaminsky and our suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of NearMeep. Our total liability for any claim arising under these Terms is limited to the greater of (a) the amount you paid us for the app in the twelve months preceding the claim, or (b) CAD $10.
Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Mark Kaminsky from any claim, demand, loss, or damage arising out of (a) Your Content, (b) your use of NearMeep, or (c) your violation of these Terms or applicable law.
Your privacy is important to us. Our Privacy Policy describes what data we collect, how we use it, and your rights. By using NearMeep, you also agree to the Privacy Policy.
We may update these Terms from time to time. When we do, we will update the Effective date at the top of this document. Material changes will be communicated via the app or email. Your continued use of NearMeep after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the Province of Manitoba, Canada, without regard to its conflict-of-laws principles. You and we agree that any dispute arising under these Terms will be resolved exclusively in the courts of Manitoba, Canada, except where applicable law gives you the right to bring a claim in your local jurisdiction.
NearMeep is distributed through the Apple App Store. Apple is not a party to these Terms and bears no responsibility for the app. The App Store's own terms also apply to your use of NearMeep.
Questions, reports, appeals, or anything else: msksoftware@yahoo.ca
By installing or continuing to use NearMeep, you acknowledge that you have read these Terms of Service and agree to be bound by them.