Terms of Service

Welcome to NearbyAssist. The Service is provided and operated by DAICISION s.r.o., a limited liability company registered in the Slovak Republic ("DAICISION", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of the NearbyAssist website, mobile application, and services (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

1. Using NearbyAssist

1.1 Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are accessing or using the Service on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.

1.2 User Accounts

To access certain features of the Service, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.3 Acceptable Use

You agree not to use the Service for any purpose that is illegal, harmful, or prohibited by these Terms. You also agree not to:

• Post or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service, other accounts, or other systems or networks
• Use any robot, spider, scraper, or other automated means to access the Service
• Collect or harvest any information about other users without their consent

2. User Content

When you upload photos or videos as part of a review, you retain ownership of that content. By uploading, you grant NearbyAssist a non-exclusive, royalty-free license to display and distribute your content on the platform. You may request removal of your content at any time by contacting support.

3. Comment Threads

Review comments are visible to all users. Only participants in a review (the reviewer, the business owner, and prior commenters) may add new comments. You are solely responsible for any content you post.

4. Intellectual Property

4.1 NearbyAssist Property

The Service, including its text, graphics, logos, icons, and software, is owned by NearbyAssist and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works based on the Service without our express written permission.

4.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us the right to use such feedback without any restriction or compensation to you.

5. AR Features and Location Data

5.1 Augmented Reality

The Service includes augmented reality (AR) features that may require camera access and display digital content overlaid on your physical surroundings. You agree to use these features responsibly and in accordance with applicable laws and regulations. You should always be aware of your surroundings when using AR features.

5.2 Location Information

To provide location-based services, NearbyAssist may collect and process information about your location, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. You can opt out of location-based services by adjusting your device settings, but this may limit your ability to use certain features of the Service.

5A. AI-Powered Features

The Service includes features powered by artificial intelligence, including an AI Concierge, Business Assistant, Visual Search, and AI-generated recommendations. When using these features:

• AI responses are generated automatically and may contain inaccuracies. You should not rely solely on AI outputs for critical decisions.
• The AI assistant cannot make binding commitments on behalf of businesses. Bookings created through the AI are subject to business confirmation.
• AI-generated business insights and recommendations (revenue trends, pricing suggestions, staffing advice) are informational only and do not constitute professional advice.
• You may request human review of any AI-generated result by contacting our support team.

5B. Search Ranking Transparency

Business search results are ranked using a combination of keyword relevance, geographic proximity to your location, and AI-powered semantic matching. Businesses can improve their visibility by maintaining complete and accurate profiles, not exclusively through paid promotion. We do not guarantee any specific ranking position.

6. Availability Calendar Sharing

Businesses may voluntarily share their free/busy availability calendar. Only free or busy status is shown — no customer names, booking details, or personal data is ever disclosed. NearbyAssist is not liable for scheduling conflicts arising from calendar data.

7. Marketing Announcements

Businesses on the Pro plan may send availability announcements to users who recently searched for their service category. You can opt out of these notifications in your account settings at any time.

8. Privacy

Our collection, use, and disclosure of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

9. Third-Party Services

The Service may contain links to third-party websites, applications, or services that are not owned or controlled by NearbyAssist. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of such websites and services is at your own risk.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEARBYASSIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEARBYASSIST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Indemnification

You agree to indemnify, defend, and hold harmless NearbyAssist and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use of the Service, your User Content, or your violation of these Terms.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

14. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any dispute arising from or relating to the subject matter of these Terms shall be resolved exclusively in the state or federal courts located in San Francisco County, California.

16. Contact Information

If you have any questions about these Terms, please contact us at legal@nearbyassist.com or through our Contact Page.