Terms
of use.

1. Publisher and contact

Nearly is published under the trade name Archange, a French sole-trader business registered under SIREN 109 209 270 and SIRET 109 209 270 00015.

Legal and data-protection contact: support@hellonearly.com.

2. Purpose and acceptance

These terms govern access to and use of Nearly. Nearly lets people create private spaces with people close to them and share content, memories, calendars, expenses, answers, games and, only when enabled, certain location information.

By creating an account or using Nearly, you accept the version displayed when you agree. If you do not accept these terms, you must not use the service.

3. Age and capacity

Nearly is for people aged 13 or over. Minors must have permission from their legal representative where required by law. For optional processing based on consent, the parental authorisation required by applicable law must be obtained, including in France for people under 15.

Adult-only features are unavailable to users identified as minors. Anyone purchasing a subscription confirms that they have legal capacity or the necessary authorisation.

4. Accounts and private spaces

You must provide accurate information, protect your credentials and tell us about unauthorised access. You are responsible for actions taken through your account until they are reported.

A Nearly space is shared with members you invite or join. You must have a person’s permission before posting information about them. Removing a member may end their access without deleting content owned by other members.

5. Acceptable use

You agree to use Nearly lawfully, fairly and respectfully. In particular, you must not:

• post unlawful, threatening, hateful, fraudulent or harassing content, or content that infringes privacy, copyright or image rights;
• impersonate anyone, bypass permissions, access another person’s account or space, or use location features to monitor someone without consent;
• disrupt, probe, abusively automate, reverse engineer or compromise the service, systems or security mechanisms;
• use Nearly as an emergency, medical, navigation, road-safety or professional surveillance service.

6. Content and intellectual property

You retain ownership of content you create. You grant Archange a non-exclusive, worldwide, royalty-free licence, limited to the time needed to host, encrypt, back up, display and transmit that content solely to provide Nearly to authorised members of your spaces.

You confirm that you have the necessary rights and permissions for anything you post. Nearly, its brand, interface, software and proprietary elements remain the property of Archange or its licensors.

7. Subscriptions, trials and payments

Some features require a monthly or yearly subscription. The price, billing period, any trial period and first billing date are shown before confirmation. Unless stated otherwise, subscriptions renew automatically until cancelled.

On iOS and Android, purchases, billing, cancellations and refunds are handled under App Store or Google Play rules, with RevenueCat synchronising access. Web payments are processed by Stripe. Nearly does not receive or store your full card number.

You must cancel through the provider used for purchase or contact Archange when that option is unavailable in the app. Cancellation normally takes effect at the end of the paid period. Mandatory consumer rights, including refund or withdrawal rights where applicable, remain unaffected.

8. Personal data protection

Archange is the controller for Nearly processing. Data may include account and profile information, space content and interactions, settings and consent records, technical and security data, subscription status and, only when enabled, cycle, recommendation, notification or location data.

Core features are processed to perform the contract; security, abuse prevention, strictly necessary improvement and the audience measurement described below rely on Archange’s legitimate interests; billing and lawful requests rely on legal obligations; recommendation usage analytics, marketing, notifications and optional sensitive sharing rely on consent where required. Withdrawal does not affect earlier lawful processing.

Audience measurement is carried out using PostHog, whose servers used here are located in the European Union. It builds no individual record: neither your email address nor your username is sent to it, no session is recorded, no on-screen interaction is captured, and no content created in your spaces is passed to it. This data is never sold, never used for advertising, and never combined with data from other services.

In the app, the screens you visit are recorded, along with app opens, backgrounding, installs and updates, unlinked to any account; screen addresses are stripped of any identifier they contain before being sent. On Archange’s servers, the occurrence of certain structural actions is recorded — sign-up completed, space created, invitation accepted, question answered, expense, goal, wish, destination, subscription started — under a technical account identifier and without their content, that identifier ceasing to designate anyone once the account is deleted. You may object to this measurement by writing to support@hellonearly.com.

If you choose to sign in with Google or Apple, that provider sends Nearly a signed token containing your identifier with them, your email address, whether they have verified it and, where available, your name and profile photo. Nearly verifies this token with the provider and never receives your password.

Advertising: in a space without a subscription, you can choose to watch a video ad to unlock a feature temporarily, and an ad may appear between two games. These ads are provided by Google AdMob (Google Ireland Limited). Before any ad, Nearly asks for your choice through Google’s consent form: with your consent, AdMob may use your device’s advertising identifier, your IP address and technical data about the device and app to show personalised ads and measure their performance; without it, only non-personalised or limited ads are shown. On iPhone, the advertising identifier is used only if you allow it in Apple’s tracking prompt. Nearly never sends AdMob your name, your email address or the content of your spaces: the only Nearly-specific value it receives is a random identifier used to verify the reward. Google retains this data under its own policies. You can change your choice at any time in Profile > Privacy > Ad preferences. No ads are shown in a Premium space.

Recipients are authorised members of your spaces according to your choices, Archange and strictly necessary providers for hosting and databases, private media storage, messaging and notifications, maps and weather, audience measurement, security, support, sign-in (Google, Apple), advertising (Google AdMob, only without a subscription) and payments. Payments may involve Stripe, Apple, Google and RevenueCat. Maps use services including OpenStreetMap and CARTO, which receive the map request from your device.

Where a provider processes data outside the European Economic Area, Archange must use a GDPR-recognised transfer mechanism, such as an adequacy decision or Standard Contractual Clauses, and supplementary safeguards where needed. Nearly makes no automated decision producing legal or similarly significant effects.

9. Retention periods

Account data and content are kept while the account is used, until deleted by the person concerned, the space or account is deleted, or an earlier deadline displayed in the relevant feature applies.

On the live map, switching sharing off immediately erases the last server-side position. Without switching it off, a dated last-known position is deleted within 12 hours; coordinate-free speed samples within 24 hours; and car-route traces within 7 days. Pending media uploads expire within 24 hours.

Security logs and consent evidence are kept only as long as needed for security and evidence, no later than account deletion unless law requires otherwise. Billing evidence and data held by payment providers may be kept for applicable legal, tax, accounting or dispute periods.

Audience measurement data is kept for thirteen months from collection, then deleted.

10. Your GDPR rights

You may request access, rectification, erasure, restriction, objection and, where the conditions apply, portability. You may withdraw consent at any time in the relevant settings and export your data from Profile.

To exercise a right, email support@hellonearly.com and describe your request. Identity evidence may be requested only where there is reasonable doubt. We respond within the GDPR deadline. You may lodge a complaint with the CNIL, the French data-protection authority.

11. Data deletion policy

You can delete your account from Profile > Privacy > Delete my account. After confirmation, Nearly revokes access and deletes from active systems the profile, sessions, consents, personal content, private media, positions, trip history, preferences, subscriptions and payment references associated with the account.

Deleting your account does not erase content created and owned by other members or copies an authorised person has already saved outside Nearly. Strictly necessary anonymised deletion evidence, legally required records and data temporarily present in secured backups pending rotation may remain. Payment providers retain their own evidence under their obligations.

If automated deletion fails or you no longer have account access, email support@hellonearly.com. Archange may delay or restrict erasure only where a legal obligation or the establishment, exercise or defence of legal claims requires it.

12. Availability and safety

Archange uses reasonable security measures and may temporarily suspend Nearly for maintenance, incidents, security risks or legal requirements. No digital service can be guaranteed free of interruption or risk, so keep a copy of anything essential.

Location, speed, weather, recommendations and dialogue features are indicative. They do not replace emergency services or medical, legal, safety or driving professionals.

13. Limitation of liability

To the fullest extent permitted by mandatory law, Archange is liable only for direct and foreseeable loss caused by a proven breach. Archange is not responsible for harm caused by another member, user content, lost connectivity, a third-party service, use contrary to these terms or a decision based on indicative Nearly information.

In no event, subject to the exceptions below, shall Archange’s aggregate liability for damages arising from Nearly exceed the amount actually paid by the user for Nearly during the twelve (12) months preceding the event giving rise to the claim.

This limit does not apply to fraud, gross or intentional misconduct, death or personal injury, breach of an essential obligation that would deprive the contract of its substance, or where liability or a warranty cannot legally be excluded or limited. It does not reduce mandatory consumer rights.

14. Indemnification

To the extent permitted by law, you agree to indemnify Archange against third-party claims, losses and reasonable costs directly caused by content you post without the necessary rights, unlawful use of Nearly or your culpable breach of these terms. Archange will notify you of the claim and allow you to participate meaningfully in the defence.

This duty does not cover loss attributable to Archange, waive any consumer right or apply beyond your liability under applicable law.

15. Suspension, termination and changes

Archange may restrict or suspend an account for a serious breach, risk to others, fraud, an attack on the service or a legal requirement, taking severity into account and allowing a challenge where possible. You may stop using Nearly and delete your account at any time.

These terms may change to reflect the service, security or applicable law. Material changes will be brought to your attention before taking effect where required. The current version and date remain available in the app.

16. Governing law and jurisdiction

These terms are governed by French law. If you are a consumer in the European Economic Area, this choice does not deprive you of mandatory protections in the country of your habitual residence.

The parties will first seek an amicable solution by emailing support@hellonearly.com. Otherwise, jurisdiction is determined by applicable mandatory rules; consumers retain any forum they cannot legally waive. Nothing in these terms requires you to waive a mandatory remedy or protection.