Terms of Service

Last updated June 13, 2022

Terms of Service pages are always complicated and filled with a bunch of jargon that normal people don’t really understand. How is that useful? It’s not. So we made this: A simple Terms of Service designed to make it clear to everyone what our terms are.

So here it is in it’s simplified glory:

We have decided that these are our Terms of Service. If you have feedback on our Terms of Service, please email us at tos@nearbynow.co, but we control the Terms of Service and can and will change them. While we are under no obligation to notify anyone of changes to our Terms of Service, we like transparency and will probably notify you. We can remove any content we choose for any reason. There is an underlying theme with the Terms of Service. Be Professional!

1. Keep it professional. Nearby Now is a professional service. Don’t be unprofessional in any of your contributions.
2. Sign-up, payment and renewal.
   1. Monthly plans. If you sign-up for a monthly paid plan directly with Nearby Now for yourself or as a reseller on behalf of a client, you will be automatically charged monthly. Renewal each month is automatic until you choose to cancel the account.
   2. Annual, biennial, and triennial plans. If you sign-up for an annual, biennial, or triennial plan directly with Nearby Now for yourself or as a reseller on behalf of a client, you will be charged up front for the full contract period (one year, two years, or three years). Renewal for the next contract period (an additional year, additional two years, or additional three years) is automatic and you will be billed for the next contract period automatically unless you choose to cancel the account.
3. Cancellation.
   1. Canceling direct accounts. If you no longer want to use the Nearby Now services, please cancel your account.
   2. Canceling accounts acquired through a reseller. If your Nearby Now account was acquired on your behalf by an agency reseller, and you no longer want to use the Nearby Now services, please ask your reseller to cancel your account. If you wish to cancel your reseller relationship but remain with Nearby Now, please see Account transfers below.
   3. Canceling agency reseller accounts. If you no longer want to be a Nearby Now reseller, please cancel your account.
4. Upgrade and downgrade. Accounts can be upgraded and downgraded at any time.
5. Account transfer to a different agency reseller. If your account was setup or is being managed by a Nearby Now reseller, and you wish to be transferred to be managed by a different agency:
   1. Client responsibility. terminate any relevant relationship with the old reseller; forward proof of termination to the new reseller with your request for them to assume management of your account; email a request to support@nearbynow.co indicating that you have terminated the relationship with the prior reseller, and are requesting transfer to the new reseller. Please identify both resellers by name, and ensure this request is sent by someone authorized to to make this request on behalf of your business.
   2. New reseller responsibility. apply updated billing information to the client account when requested by Nearby Now after the transfer. Pay relevant account transfer fees.
6. Account transfer to direct responsibility. If your account was setup or is being managed by a Nearby Now reseller, and you wish to assume direct responsibility for managing your account:
   1. Client responsibility. terminate any relevant relationship with the agency reseller; contact Nearby Now requesting the transfer, identify your account, the person authorizing the transfer, provide the proof of cancellation of the prior reseller relationship; pay relevant account transfer fees.
7. Password. Don’t share your password. Protect your password like you protect your own privacy and your customer’s privacy.
8. Spamming. No Spamming.
9. Age. You must be 14 years or older to use the Nearby Now services.
10. Don’t use automated web queries (such as but not limited to spiders, robots, screen scraping, database scraping, crawlers and any other automation) to extract or monitor content on sites and pages owned by Nearby Now, or that leverage Nearby Now. Non-commercial public archives and general purpose Internet search engines using such methods for the sole purpose of displaying hyperlinks to sites and pages that leverage Nearby Now are exempt assuming they use a stable IP address or range of addresses and an clearly-identifiable agent. Use of the following content display API endpoints is included in SEO Pro or SEO Master membership: Recent Review, Service Area Map & Recent Check-ins, Service Area Review Combo, Audio Testimonials, Photo & Video Gallery. Use of any other API endpoints or functionality will be subject to a separate API access agreement. If you don’t have one, you are not authorized.
11. Reuse. Don’t retrieve, index, or access any portion of Nearby Now sites, or of sites and pages leveraging Nearby Now, for purposes of constructing or populating a searchable database of business reviews.
12. Reasonable use. Don’t take any action that we judge to place an unreasonable or disproportionately large load on Nearby Now sites, sites leveraging Nearby Now, or Nearby Now technology infrastructure.
13. Unauthorized access. Don’t try to gain access to Nearby Now sites, user accounts, systems or networks connected to Nearby Now through hacking, social engineering, password mining, or any other means.
14. User information. Don’t record, process, or mine information about other users, clients, or agency resellers.
15. Proprietary Rights. This is an agreement for access to and use of the Services the Nearby Now platform provides, and you are not granted a license to any software by this agreement. You acknowledge that you have no proprietary interest in the Services that the Nearby Now platforms provides, including, but not limited to, the servers, software, mobile apps, or data used by Nearby Now in the provision of the Services. All right, title and ownership to the Services, data, or any software (both in object code and source code format), hardware or know-how which we license or develop to provide the Services is owned exclusively by us or our licensors (if any). We retain all ownership rights in the data and the Services. You may only use the data in connection with your use of the Services during the Term. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Services or the Refined Data in whole or in part, by any means, except as expressly authorized in writing by us.
16. Reverse engineering. You agree not to, and to not cause, permit, allow or facilitate others (directly or indirectly) to, modify, copy, or reverse engineer the Services, or any part thereof, or any capability of Nearby Now and the Nearby Now Platform.
17. Authorized users. Only prospects evaluating whether to enter into a business relationship with Nearby Now, customers pursuing an ongoing business relationship with Nearby Now, or the authorized agents of prospects or customers should use Nearby Now.
18. Unauthorized users. Don’t use Nearby Now for the purpose of competitive analysis or in the development of any similar products, services or technology for your use, or the use of any third party.
19. Nearby Now branding. Don’t remove, hide or alter Nearby Now branding when leveraging plugins or our API on your sites or pages unless you are operating under and within the terms of a White Label Reseller Agreement with Nearby Now.
20. Nearby Now changes. We reserve the right to update, modify, or discontinue Nearby Now sites, products, services, and technologies at any time, at our sole discretion, without liability with email notification to account owner.

Content

20. Ownership. You have sole responsibility for your content contributions, in the form of checkins, photos, videos, reviews received, and comments you have made on those reviews. You have the right to export your own content and download your own photos and videos from Nearby Now at any time, or on an ongoing basis leveraging paid features such as our API, Webhooks, and Zapier integration. If you choose to display any photos or videos through any means other than our plugins, content display API, or JavaScript widgets, you must host those photos or videos yourself. If you choose to cancel services, we will retain your content in the event you wish to reactivate in the future. If you wish, you can request that we delete all of this content. To make this request, send an email to support@nearbynow.co outlining your request and verify that you are authorized to make this request on behalf of your business.
21. Responsibility. You alone are responsible for any violations of applicable laws in the content that you’ve posted to Nearby Now. Any content you add to Nearby Now is yours, not ours. You are responsible for ensuring that nothing you contribute violates any law or any third-party right including copyright, trademark, privacy right, right of publicity, moral right, trade secret, patent, or other intellectual property or proprietary right. Your responsibility extends to all content posted in your account or approved to be posted in your account by anyone to whom you have granted access to your account. Granting, managing, and revoking access to your account is your sole responsibility. Your responsibility includes manually authored content, content edited or enhanced by artificial intelligence (AI), or content authored by AI. This includes all methods for creating Nearby Now content including through the Nearby Now or white label websites, mobile apps, API, Zapier, or any other method. This responsibility applies regardless of how the content is originally created: wholly manual, with the assistance of AI, originally authored by AI, or any other method. You must ensure that all content adheres to all aspects of these terms and of our Privacy Policy whether or not AI is involved in any way in content creation or enhancement. AI content generation is imperfect and can make mistakes. You are responsible for reviewing AI generated content for errors or inaccuracies.
22. Privacy. Don’t publicize other people’s private information such as a full name, full address, or a photo of their license plate unless you are referring to members of your organization with permission, or service providers who commonly share or are commonly identified by their own full names. Please don’t post close-up photos of anyone without their permission.
23. Unacceptable content. Don’t threaten or harass anyone. Avoid lewdness, defamation, hate speech, and other displays of bigotry in all of your contributions. Don’t post pictures of anything not considered to be a “G” rating.
24. Review requests. Review requests should be sent exclusively to those individuals who have had a legitimate business interaction with the entity they are reviewing. For email or SMS review requests, those requests must be sent directly to those individuals at their own email addresses or cell phone numbers, and the individual must give you verbal or written authorization to send them a review request via their preferred method (email or sms). Do not provide kiosks or other company owned devices for use by potential reviewers to provide reviews. Do not offer or provide payment or other incentives to potential reviewers to obtain reviews, or to improve the quality of reviews.
25. Review authorship. Reviews shall only be authored by those individuals who have had a legitimate business interaction with the entity they are reviewing. No one other than the individuals who have had a legitimate business interaction with the entity they are reviewing may draft review content, fill out review content, or otherwise participate in writing or entering a review. Don’t review businesses you own or that employ you, businesses owned by your friends or relatives, or businesses owned by your competitors or fellow members of business networking groups. Do not request or accept payment or other incentives to provide a review, or to improve the quality of a review.
26. Accuracy. Please ensure that your contributions are factually correct and reflect your personal experiences. Your opinions, particularly in reviews, are welcome but please don’t exaggerate or misrepresent your experiences. Nearby Now won’t take sides in a disagreement as to accuracy, but we expect you to take responsibility for the accuracy of your review.
27. Relevance. Make sure the content of your checkins and reviews pertain directly to the work performed, service provided, products sold, projects estimated, etc. Don’t post repetitive descriptions or mentions of the services or products you provide in general, your company name or information, the types of customers you serve in general, or anything else that is not directly related to the specific customer event described in each specific checkin.
28. Checking in. When checking in to a customer location, or anywhere, you have the option to post messages, photos, and videos. Keep it professional. Don’t post the same marketing Spam over-and-over. If this seems redundant, it is. We want you to be professional so we listed it twice.
29. Our rights. We will use your content for your benefit as you direct, or as your agency reseller directs on your behalf, through the capabilities of Nearby Now. We may also use or reference your content in marketing, demonstrating, training, or advertising Nearby Now.
30. Syndication. You, or your reseller agency on your behalf, can enable automatic sharing and/or reposting of your content to third-party sites or services. Once any content has been shared or reposted to such a third-party site, Nearby Now no longer has the responsibility or capability to manage that content in any way.
31. Referrals. You, or your reseller agency on your behalf, can enable links to third-party sites for the purpose of providing additional reviews on those sites. Those sites are entirely in control of the experience for any customer that chooses to click on one of those links.

Enforcement

32. We are under no obligation to enforce these terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the terms, but we reserve the right to investigate and take appropriate action at our sole discretion.
33. You agree not to violate these terms, and not to assist, encourage, or enable others to do so.
34. Violation of these terms may result in user account suspension or termination, business account suspension or termination, reseller account suspension or termination, and/or other appropriate action intended to stop the violations, remediate them, and prevent their reoccurence.