Terms of Use

Effective Date: January 3rd, 2026

Welcome to NearByPROMO! These Terms of Use ("Terms") govern your access to and use of the NearByPROMO website, mobile application, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old.

If you are using our Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Account Registration

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information

• Maintain and update your account information

• Maintain the security of your password

• Accept responsibility for all activities under your account

• Notify us immediately of any unauthorized use of your account

3. Purchases and Payments

Deal Purchases

When you purchase a deal from NearByPROMO:

• You are purchasing the right to redeem the deal with the merchant

• All sales are final unless otherwise required by law

• Deals are subject to availability and may expire

• You are responsible for any taxes on your purchases

Payment

We accept various payment methods as indicated on our Services. You authorize us to charge your selected payment method for the total amount of your purchase.

4. Deal Redemption

Deals purchased through NearByPROMO are subject to:

• Expiration dates and redemption periods

• Merchant terms and conditions

• Any restrictions specified in the deal description

• Merchant availability and capacity limitations

NearByPROMO is not responsible for merchant closures, changes in merchant services, or merchant refusal to honor deals.

5. Refunds and Cancellations

Refunds are generally not available for deal purchases, except:

• As required by applicable law

• If the merchant fails to honor the deal

• If the deal is defective or misrepresented

• Within the first 3 days of purchase for certain qualifying circumstances

To request a refund, contact our customer support team. All refund requests are subject to review and approval.

6. User Content

You may submit reviews, comments, photos, and other content ("User Content"). By submitting User Content, you grant NearByPROMO a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, display, and distribute your User Content.

You are responsible for your User Content and agree not to submit content that:

• Is unlawful, defamatory, or obscene

• Infringes any third-party rights

• Contains viruses or malicious code

• Is false or misleading

• Violates any applicable laws or regulations

7. Intellectual Property

All content on our Services, including text, graphics, logos, and software, is the property of NearByPROMO or its licensors and is protected by copyright and other intellectual property laws.

You may not use our content without our express written permission.

8. Prohibited Activities

You agree not to:

• Use our Services for any illegal purpose

• Attempt to gain unauthorized access to our systems

• Interfere with the proper working of our Services

• Use automated means to access our Services

• Circumvent any security measures

• Resell deals for commercial purposes

• Create multiple accounts to exploit deals

• Use our Services to harass or harm others

9. Termination

We may terminate or suspend your account and access to our Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Upon termination, your right to use our Services will immediately cease.

10. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEARBYPROMO DOES NOT WARRANT THAT:

• OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE

• DEFECTS WILL BE CORRECTED

• OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

• THE INFORMATION ON OUR SERVICES IS ACCURATE OR RELIABLE

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEARBYPROMO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO NEARBYPROMO FOR THE SERVICES GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless NearByPROMO and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of:

• Your use of our Services

• Your violation of these Terms

• Your violation of any rights of a third party

• Your User Content

13. Dispute Resolution

Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its conflict of law principles.

Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in San Francisco, California, rather than in court.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date.

Your continued use of our Services after any changes constitutes your acceptance of the updated Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Email: info@nearbypromo.com

Address: 3654 Thornton Ave # 1000 Fremont, CA, 94536

Phone: (510) 509-7009