These Terms of Service ('Terms') form a binding legal agreement between you and QuickGive, LLC ('NearTree,' 'we,' 'us,' or 'our'), governing your access to and use of the NearTree mobile app and related services (the 'Service'). By creating an account, tapping 'I agree,' or otherwise using the Service, you accept these Terms, our Privacy Policy, and our Community Guidelines, all of which are incorporated here by reference. If you don't agree, don't use the Service.
These Terms include an arbitration agreement and class action waiver in Section 26 that affects how disputes between you and NearTree are resolved. Please read it carefully — it includes a time-limited right to opt out.
We may add, change, suspend, or discontinue any feature of the Service at any time, including features described in these Terms, our Privacy Policy, or the Community Guidelines.
We may update these Terms from time to time. If we make a material change, we will notify you in-app before it takes effect. Continuing to use NearTree after a change takes effect means you accept the updated Terms; if you don't agree with a change, your remedy is to stop using the Service and delete your account.
NearTree is a consent-based, proximity-aware social discovery app. It is broader than a dating app: for each encounter context, you choose a discovery mode — off, invisible, friend, professional, romantic, or mixed — reflecting what kind of connection you're open to. Because the romantic mode enables dating-style discovery, photo sharing, and chat, we treat the whole Service as dating-app-adjacent for eligibility, safety, and content-moderation purposes, including throughout these Terms and the Community Guidelines.
NearTree's core safety design is a two-sided consent gate, and by using the Service you agree that this is how discovery and matching work: discovery is off by default; you choose to turn it on per mode, and can turn it off or pause it at any time.
Proximity is detected via a rotating, non-identifying Bluetooth Low Energy token — never GPS or any other precise-location technology. Two nearby devices detecting each other creates an 'encounter,' which does not reveal any identity and does not create a match by itself — it is placed into each side's private consent queue, described fully in our Privacy Policy.
Each side independently chooses 'interested' or 'pass.' Only a mutual 'interested' from both sides unlocks a match, at which point identity, photos, and chat become visible to both people. You agree not to attempt to circumvent, disable, reverse-engineer, or otherwise defeat this consent mechanism, including by attempting to identify, de-anonymize, or track a user who has not mutually matched with you, or by using external tools, hardware, or automation to intercept or interpret Bluetooth signals from other users' devices.
You must be at least 18 years old, and at least the age of majority where you live if that's older than 18, to create an account and use NearTree. By using NearTree, you represent and warrant that you meet this requirement. Age is confirmed from the birthdate you provide during onboarding; we do not currently perform government-ID or third-party age verification, so this is a self-attestation, and completing onboarding truthfully is a condition of using the Service.
You must have the legal capacity to enter into a binding contract in your jurisdiction, and you must not be located in, or a national or resident of, any country subject to a US government embargo, or be listed on any US government list of prohibited or restricted parties (including the US Treasury Department's Specially Designated Nationals list).
You may not use NearTree if you have been previously banned from the Service for violating these Terms or our Community Guidelines, whether under this or another identity, or if you are required to register as a sex offender under the laws of any jurisdiction.
You're responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@neartreeapp.com if you suspect unauthorized access.
You may sign up using an email and password, or via Google or Sign In with Apple. You agree to provide accurate information and to keep it up to date.
Accounts are personal to you. You may not sell, transfer, share login access to, or let anyone else use your account, and you may only maintain one active account at a time.
You may delete your account at any time from Settings → Account.
NearTree does not perform criminal background checks, sex-offender registry checks, or government-ID verification on any user, and cannot and does not verify that any user is who they claim to be, or that their stated age, intentions, or relationship status are accurate. You should independently exercise caution and judgment before trusting, communicating further with, or meeting any user, exactly as you would with anyone you meet through any other means.
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to download, install, and use the NearTree app on a device you own or control, solely for your own personal, non-commercial use. You may not sublicense, resell, rent, lease, distribute, or otherwise commercially exploit the app.
We reserve all rights not expressly granted to you in these Terms.
If you downloaded the app from Apple's App Store, the following additional terms apply, and in the event of a conflict, they take priority over the rest of these Terms solely with respect to your use of the iOS app: this license is limited to a non-transferable license to use the app on an Apple-branded device that you own or control, as permitted by Apple's Usage Rules in the App Store Terms of Service.
Apple has no obligation to furnish any maintenance or support services for the app. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
Apple is not responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
Apple is not responsible for investigating, defending, settling, or discharging any claim that the app or your possession and use of it infringes a third party's intellectual property rights.
You represent that you are not located in a country subject to a US government embargo or listed on any US government list of prohibited or restricted parties, and that you are not on any such list.
You agree to comply with any applicable third-party agreement (for example, your wireless data service agreement) when using the app.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
If you downloaded the app from Google Play, your use is also subject to Google Play's then-current Terms of Service. Nothing in these Terms limits any rights you have, or obligations Google has, under Google Play's own terms.
You retain ownership of the photos, bio text, messages, and other content you submit to NearTree ('Your Content'). By submitting Your Content, you grant NearTree a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, and display Your Content solely as necessary to operate and provide the Service to you and the users you interact with (for example, showing your photos to a mutual match) — this license ends when you delete the content or your account, subject to the retention described in our Privacy Policy.
You represent and warrant that you own or have the necessary rights to submit Your Content, that it doesn't infringe or violate any third party's intellectual property, privacy, or other rights, and that it complies with these Terms and our Community Guidelines.
If you send us feedback, suggestions, or ideas about the Service, you agree that we may use them for any purpose without any obligation to compensate you, credit you, or keep them confidential.
Your profile must accurately represent who you are — no impersonation, no fake or stolen photos, no misrepresenting your age, identity, or intentions.
You may not harass, threaten, stalk, or endanger another user, or solicit money, gifts, cryptocurrency, services, or explicit content from someone you haven't mutually matched with, or engage in or facilitate a romance scam of any kind.
You may not use NearTree for commercial solicitation, advertising, spam, or to promote or sell products, services, or sexual services.
You may not upload or transmit content that is sexually explicit involving minors, non-consensual intimate imagery, hate speech, or content that incites violence, or that otherwise violates our Community Guidelines, which are incorporated into these Terms by reference.
You may not use bots, scrapers, or other automated means to access NearTree, extract data, or interact with other users, and you may not attempt to reverse-engineer, decompile, or otherwise derive the source code of the app.
You may not attempt to circumvent blocking, reporting, or discovery-visibility controls, or reverse-engineer our proximity, matching, or compatibility-scoring systems.
You may not use NearTree to facilitate or participate in human trafficking or the sexual exploitation of any person.
NearTree has zero tolerance for child sexual abuse material (CSAM), any content or communication that sexualizes or exploits a minor, or any form of human trafficking or sexual exploitation. Violating this section results in immediate, permanent account termination, a report to the National Center for Missing & Exploited Children's CyberTipline where CSAM is apparent (as described in our Privacy Policy), and referral to law enforcement.
If you become aware of any such content or activity on NearTree, report it immediately at safety@neartreeapp.com or using the in-app reporting tools, and if there is an immediate threat to a child's safety, contact local law enforcement first.
You can block another user at any time, which immediately ends any connection and hides you from each other. You can report a user or a specific interaction for review.
We use a combination of automated safety signals and human moderation review to evaluate reports and enforce these Terms and our Community Guidelines. Automated signals inform and prioritize review; enforcement decisions go through our moderation process rather than automated action alone.
We may warn, suspend, or terminate accounts that violate these Terms, our Community Guidelines, or applicable law, at our discretion and based on severity, based on user reports, moderation review, or automated safety signals. We may do so without prior notice where we believe it's necessary to protect the safety of our users or the integrity of the Service.
We may suspend or terminate your account, with or without notice, for violating these Terms, our Community Guidelines, or applicable law, or for conduct we believe harms another user, a third party, or NearTree itself. You may also terminate your account at any time by deleting it from Settings → Account.
If you believe an enforcement action was made in error, you may appeal by contacting us at support@neartreeapp.com within 30 days of the action, explaining why you believe it was made in error. We will review the appeal, but our decision on appeal is final.
Provisions of these Terms that by their nature should survive termination — including Sections 11 (Content You Submit, as to content already licensed), 17 through 26 (safety disclaimers through dispute resolution), and any accrued rights or obligations — will survive termination of your account or these Terms.
NearTree is a discovery and communication tool. As described in Section 7, we do not conduct background checks and cannot guarantee the identity, intentions, or safety of any user. You understand and agree that meeting anyone through NearTree, in person or otherwise, is voluntary and at your own risk.
If you decide to meet someone, we strongly recommend meeting in a public place, telling a friend or family member where you're going and who you're meeting, arranging your own transportation, considering a video call first, and trusting your instincts if something feels wrong.
In an emergency or immediate safety threat, contact local emergency services first — do not rely on in-app reporting for time-sensitive safety situations.
Because NearTree does not control the conduct of its users, in the event you have a dispute with one or more other users, you release NearTree (and our officers, directors, employees, and agents) from any and all claims, demands, and damages of every kind arising out of or in any way connected with such disputes, to the fullest extent permitted by law. This release does not apply to claims arising from NearTree's own gross negligence or willful misconduct, and does not limit any right that cannot be waived under applicable law. Some jurisdictions limit the enforceability of broad releases like this one; if yours is one of them, this release applies to the maximum extent that jurisdiction allows.
NearTree integrates third-party services to operate the Service, including Google and Apple for sign-in, and Apple/Google push notification infrastructure delivered via Expo. Your use of those sign-in methods is also subject to the relevant provider's own terms. See our Privacy Policy for the full list of service providers and what they receive.
NearTree and its original content, features, branding, and functionality (excluding Your Content) are owned by NearTree and protected by US and international intellectual property laws. You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the Service or its software without our prior written permission.
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).
If you believe content on NearTree infringes your copyright, send a written notice to our designated DMCA agent at dmca@neartreeapp.com (or by mail to QuickGive, LLC, Attn: DMCA Agent, 36098 Hees Street, Livonia, Michigan 48150) that includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner's behalf.
If you believe content you posted was removed in error, you may submit a counter-notice to the same address containing: (a) your physical or electronic signature; (b) identification of the material removed and its location before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; (d) your name, address, and phone number, and a statement consenting to the jurisdiction of the federal court in your district (or, if outside the US, an appropriate judicial district) and that you'll accept service of process from the person who filed the original notice.
We may terminate the accounts of users who are found to be repeat infringers.
THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE,' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
We do not warrant that the Service will be uninterrupted, secure, or error-free, that any defects will be corrected, or that compatibility scores, matches, or other users' conduct or identity claims will meet your expectations. Some jurisdictions don't allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEARTREE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM YOUR USE OF THE SERVICE OR YOUR INTERACTIONS WITH OTHER USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED US DOLLARS (USD $100).
Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law, including liability for our own gross negligence, willful misconduct, or fraud, or death or personal injury caused by our negligence, where applicable law prohibits limiting such liability.
You agree to indemnify, defend, and hold harmless NearTree and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: your access to or use of the Service; Your Content; your violation of these Terms; or your interactions, disputes, or in-person meetings with other users, to the fullest extent permitted by law.
Before filing a claim against NearTree, you agree to first contact us at legal@neartreeapp.com and describe the nature of your claim and the relief you seek. We'll do the same if we have a claim against you. Both parties agree to negotiate in good faith to try to resolve the dispute informally for at least 60 days after notice is given before either party initiates arbitration or a court proceeding (except as permitted under the small-claims and injunctive-relief exceptions in Section 26).
PLEASE READ THIS SECTION CAREFULLY — IT REQUIRES YOU TO ARBITRATE DISPUTES WITH NEARTREE ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Except for disputes that qualify for small claims court, or claims for injunctive relief relating to intellectual property or misuse of the consent/safety mechanisms described in Section 4, you and NearTree agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than in court, except that either party may bring an individual action in small claims court.
The arbitration will be conducted by a single arbitrator and, unless you and NearTree agree otherwise, will take place in Michigan or, if you prefer, may be conducted by telephone, video conference, or based on written submissions, consistent with the AAA's Consumer Arbitration Rules. NearTree will pay the AAA filing, administration, and arbitrator fees for any claim under $10,000 that isn't determined to be frivolous, and each party will otherwise bear its own attorneys' fees unless the arbitrator awards them as part of the relief.
YOU AND NEARTREE EACH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court or arbitrator decides that this class-action waiver is unenforceable as to a particular claim or request for relief, that claim or request must be brought in court, and all other claims remain subject to arbitration.
If 25 or more similar arbitration demands are filed by the same or coordinated counsel within a short period of time (a 'mass filing'), the parties agree to a batching process: the AAA will administer the arbitrations in batches of no more than 50 at a time, resolving them in a coordinated and staged manner, with the aim of managing the process efficiently for all parties while preserving each claimant's right to an individual arbitration.
You have the right to opt out of this arbitration agreement. To do so, send written notice to arbitration-optout@neartreeapp.com within 30 days of the date you first agreed to these Terms, including your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, this arbitration section won't apply to you, but the rest of these Terms will, and any dispute will instead be resolved in the courts identified in Section 27.
This arbitration agreement will survive termination of your relationship with NearTree. If any part of this Section 26 (other than the class-action waiver) is found unenforceable, the rest of this Section will remain in effect; if the class-action waiver is found unenforceable as to a claim, that claim (and only that claim) will proceed in court rather than in arbitration.
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles, except to the extent preempted by (or inconsistent with) the Federal Arbitration Act, which governs Section 26.
For any dispute not subject to arbitration under Section 26 (including if you've validly opted out under that section), you and NearTree agree that the exclusive venue will be the state and federal courts located in Michigan, and you consent to personal jurisdiction there.
You may not use or export the Service in violation of US export laws and regulations, including sanctions programs administered by the US Treasury Department's Office of Foreign Assets Control. By using the Service, you represent that you're not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties.
We won't be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disaster, war, terrorism, riots, labor disputes, internet or telecommunications failures, or failures of our third-party service providers.
Assignment: you may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
Severability: if any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.
No waiver: our failure to enforce any right or provision of these Terms won't be considered a waiver of that right or provision.
Entire agreement: these Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and NearTree regarding the Service, and supersede any prior agreements.
Relationship of the parties: nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and NearTree.
Headings: section headings are for convenience only and don't affect interpretation.
Language: these Terms are drafted in English. Any translation is provided for convenience only, and the English version governs in the event of any conflict.
We may provide notices to you by email, push notification, or by posting in the app. Notices to us should be sent to legal@neartreeapp.com or to QuickGive, LLC, 36098 Hees Street, Livonia, Michigan 48150.
We're committed to making NearTree usable by people with disabilities and aim to align with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where applicable to a native mobile app. If you encounter an accessibility barrier, contact support@neartreeapp.com so we can address it.
Questions about these Terms: legal@neartreeapp.com. General support: support@neartreeapp.com. Safety concerns: safety@neartreeapp.com or in-app reporting.