Effective date: August 14, 2025
Legal entity: NearNudge LLC, a Delaware LLC with principal office at United States.
Contact: contact@nearnudge.com
By creating an account, using the App, or clicking "I agree," you accept these Terms and our Privacy Policy (together, the "Agreement"). If you do not agree, do not use the App.
Minimum age (our recommendation): 13+. If you are 13–17, you represent you have parent/guardian consent and are capable of complying with these Terms. We do not knowingly collect personal data from children under 13 (U.S. COPPA) and will delete such accounts if discovered.
EEA/UK travelers: If you are in a country where a higher digital age of consent applies (up to 16 under EU GDPR; 13 in the UK), you must meet that higher age or have parental authorization where required.
The App is offered for residents of the United States and U.S. territories. You may access and use the App while traveling internationally, but you're responsible for complying with local laws. Data is processed and stored primarily in the United States.
NearNudge lets you create and manage location‑based reminders ("Nudges"):
• Create a Nudge: Search for a place (via Google location services), set a trigger radius (0.1–50 miles), choose push and/or SMS notifications, add to a named list, give it a title, and categorize it (e.g., restaurant, shop, friend, tourist attraction).
• Proximity messages: We may send messages such as: "Hey! [X] days ago you asked to be nudged about a cool [category] nearby. Don't forget to check out [place]. It's currently [distance] away!" If we detect that you're at the location, we may ask: "Hey! it looks like you are at [place] — mark this Nudge visited?"
• Review Nudges: Browse lists, create lists, mark Nudges completed, and share lists with friends.
• Nudge Dashboard: See completion percentages across lists.
• Account Info: View/edit profile and avatar.
Important: Location features depend on device sensors, OS permissions, connectivity, and third‑party services. Distance and "arrival" detection may be approximate and not real‑time. Do not rely on the App for emergency or safety‑critical purposes.
Provide accurate information, keep credentials secure, and promptly notify us of unauthorized use. You are responsible for activity on your account.
The App requests Location (foreground and, if you enable background geofencing, background) and Notifications permissions; Photos/Camera is optional for avatar upload. Disabling permissions may break features. You can change permissions in OS settings at any time.
Operation: When Nudges are enabled, the App may process device location in the foreground and/or background to determine proximity to your chosen places and send notifications when you're within your selected radius.
Accuracy & delays: Location can be imprecise or delayed due to environment, device/OS behavior, or service issues.
Battery/data: Continuous or background location may increase battery and data usage.
Safety: Don't interact with the App while driving or when unsafe. The App is not a navigation or emergency service.
What you'll receive: You can opt to receive push and/or SMS solely for transactional Nudge alerts. No marketing texts at this time.
Opt‑in/opt‑out: SMS requires your explicit opt‑in. You can opt out at any time (e.g., reply STOP; reply HELP for help). Message frequency varies with your settings and travel. Message & data rates may apply; carriers are not liable for delayed or undelivered messages.
Your Content: You own the Nudge names, lists, categories, notes, and completion statuses you create ("User Content"). You grant us a worldwide, non‑exclusive, royalty‑free license to host, process, display, and share User Content as needed to operate the Service.
Sharing: If you share lists, you represent you have the right to share them; you will not disclose others' personal data or sensitive locations without consent; and recipients may reshare the link or content.
Prohibited conduct: No unlawful, infringing, harassing, hateful, deceptive, or harmful content; no stalking or surveillance of any person; no scraping or misuse of location data.
You agree not to: (a) misuse location data; (b) probe, scan, or test system vulnerabilities; (c) use bots/automation to access the App; (d) circumvent technical limits; (e) export, cache, or reuse Google Maps Platform content beyond what is permitted by Google; or (f) build a competing mapping or POI database using our outputs.
Infrastructure: The App is built/hosted on Replit, which runs on Google Cloud Platform (GCP). Data is stored primarily in U.S. GCP data centers. Replit maintains SOC 2 Type II compliance and leverages GCP's security certifications.
Google Maps Platform: We use Google Maps Platform for location search and services. Your use of Google‑powered features is subject to Google Maps Platform Terms and attribution requirements. We follow Google's policies including caching limits and attribution requirements.
NearNudge is currently offered as a free service. We reserve the right to introduce paid features or subscription plans in the future with appropriate notice.
Our Privacy Policy explains what we collect and why, and your rights and choices.
Data retention: We delete Nudge definitions, completion logs, and location events when you delete your account. We do not retain this information beyond account deletion, subject to system backups and legal obligations.
Processing location: Primary processing/storage is in the United States.
We and our licensors own the Service and related IP. Subject to these Terms, you receive a limited, revocable, non‑transferable, non‑sublicensable license to use the App for personal, non‑commercial purposes. All trademarks remain the property of their owners.
We may modify the App or these Terms. If changes are material, we will provide notice as required by law. Continued use after the effective date constitutes acceptance.
THE APP, LOCATION FEATURES, AND THIRD‑PARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT ACCURACY, RELIABILITY, AVAILABILITY, OR TIMELINESS OF LOCATION OR NOTIFICATIONS. THE APP IS NOT FOR EMERGENCY OR SAFETY‑CRITICAL USES. YOUR USE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, OR GOODWILL; OR OUTAGES/FAILURES OF THIRD‑PARTY SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12‑MONTH PERIOD WILL NOT EXCEED US $100.
You agree to indemnify and hold us harmless from claims arising out of your misuse of the App, violation of these Terms, or infringement of third‑party rights.
Governing law: Delaware law governs this Agreement, and the U.S. Federal Arbitration Act governs arbitrability.
Dispute resolution: Any dispute will be resolved by binding arbitration on an individual basis. Class actions are not permitted.
Court venue: Delaware state and federal courts have exclusive jurisdiction for certain matters including injunctive relief and arbitration enforcement.
You represent you are not on any restricted list and will not use, export, or transfer the App in violation of applicable export/sanctions laws.
We may send legal notices electronically (email or in‑app). You consent to receive them electronically.
This Agreement is the entire agreement between you and us regarding the App. If any part is invalid, the rest remains effective. We may assign this Agreement; you may not assign without our consent.
Last updated: August 14, 2025