Terms of Service

By creating an account, accessing, or using the Nearfo mobile application, website, or any related service (the "Services"), you ("User", "you") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation. If you do not agree, you must immediately discontinue use.

To use the Services you must: be at least 18 years of age with legal capacity to contract under Indian law; provide accurate, current, and complete information during registration; not be prohibited from using the Services under applicable law; not have been previously banned or suspended (unless reinstated by us in writing). Business owners on Boost Circle and creators withdrawing earnings must complete additional KYC requirements including PAN and bank verification through Razorpay.

4.1 Account Creation

Register using your mobile phone number, verified via OTP. You agree to provide accurate information. Choose a handle subject to availability and our reserved-handles policy.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must: not share OTP, PIN, or biometric credentials; notify us at admin@nearfo.com upon suspected unauthorised access; not impersonate; use the in-app App Lock and biometric features where available.

4.3 One Account Per Person

Each individual may maintain only one personal Nearfo account. Multiple accounts to circumvent bans, manipulate cashback, or engage in sybil attacks is prohibited and may result in permanent termination.

5.1 Prohibited Content

You shall NOT upload, post, transmit any content that:

• belongs to another person to which you do not have rights;
• is defamatory, obscene, pornographic, paedophilic, invasive of privacy, harassing on basis of gender, libellous, racially objectionable, encouraging money laundering or gambling, or contrary to the laws of India;
• is harmful to children;
• infringes any patent, trademark, copyright or proprietary rights;
• violates any law for the time being in force;
• deceives or misleads about origin, or is patently false/misleading information communicated as fact;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly foreign relations, public order, or incites cognisable offence;
• contains virus, harmful code, or designed to interrupt/destroy/limit functionality;
• is patently false, published with intent to mislead/harass any person, entity or agency for financial gain.

5.2 Prohibited Actions

• Unauthorised access attempts (SQL injection, XSS, DDoS, social engineering);
• Use bots/scrapers/automated extraction;
• Reverse engineer, decompile, disassemble;
• Fraudulent activities — fake walk-ins, fake transactions, manipulated cashback, fake business listings;
• Sell, transfer, sublicense your Nearfo account;
• Spam, unsolicited commercial communications, or pyramid schemes.

5.3 Hyperlocal Etiquette

Nearfo is a community-first hyperlocal network. Treat fellow users, businesses, and creators with the same dignity you would show in person. Hate speech, harassment, or doxxing of neighbours/businesses is grounds for immediate termination.

6.1 Your Content

You retain ownership of all User-Generated Content you create and post. We claim no ownership.

6.2 Licence Granted to Nearfo

By uploading UGC, you grant Nearfo a non-exclusive, royalty-free, worldwide, sub-licensable, transferable licence to host, store, reproduce, modify (e.g., resize, transcode), distribute, publicly display, and perform your content solely for operating and improving the Services. This licence ends when you delete your content, except where retention is required.

6.3 Nearfo's Intellectual Property

The Nearfo name, logo, "Know Your Circle" tagline, app design, source code are intellectual property of Nearfo, protected under Indian and international IP laws. You may not use without our prior written consent.

6.4 Reporting Copyright Infringement

If you believe content infringes your copyright, submit a notice per Section 79 IT Act 2000 and Rule 3(2)(b) IT Rules 2021 via the in-app "Report Copyright Infringement" option or email admin@nearfo.com.

7.1 Eligibility

Complete KYC through Razorpay including PAN, business documents, and bank account details. Only verified Indian businesses may register.

7.2 Subscription

Boost Circle subscription is a monthly recurring fee via Razorpay. Cancellation takes effect at end of current billing cycle. No partial refunds for unused days.

7.3 Anti-Markup Policy (Hawk)

Prices on Pay-at-Business through Nearfo must match in-store prices. Our Hawk anti-markup system monitors and flags businesses with systematic discrepancies. Violations may result in suspension or permanent removal. Repeat offenders may be referred to consumer protection authorities.

7.4 Refunds and Disputes

Customer-initiated price disputes are resolved through our Price Dispute system. Where decided in customer's favour, disputed amount is automatically refunded from the merchant's Razorpay-linked account, and anti-markup penalty may apply.

7.5 Boost Campaigns

Paid boost campaigns subject to scope tiers (street/neighborhood/city/state/country/global) with daily caps and IST time-window controls. Campaign performance is best-effort and not guaranteed.

8.1 Cashback Eligibility

Cashback is credited to your Nearfo Cash wallet only after the underlying transaction is confirmed. Cashback may be clawed back if the underlying transaction is refunded, cancelled, or disputed.

8.2 Creator Earnings (Reel-Shop)

Creators tagging products in reels earn a share of resulting confirmed sales. Self-referral not permitted. Earnings subject to status verification, anti-abuse checks, and TDS deduction per Sections 194-O / 194-R Income Tax Act 1961.

8.3 Withdrawal

Minimum withdrawal: ₹500 for cashback/walk-in wallets, ₹1,000 for creator ad earnings. A beneficiary-borne transaction fee of 2.36% applies. KYC verification mandatory for withdrawals above RBI thresholds.

8.4 TDS Deduction

Where applicable, TDS deducted at the prescribed rate and remitted to the Income Tax Department. A TDS certificate will be available in your account at end of each financial year.

8.5 Fair Use

Manipulating cashback through fake transactions, fake walk-ins, or coordinated abuse = permanent termination, clawback of all earnings, and where applicable, reporting to authorities.

9.1 Payments

All payments processed through Razorpay, a payment aggregator licensed by RBI. Nearfo does not store card details or banking credentials.

9.2 Refunds

Refunds for failed/disputed payments processed within 7 working days through the same payment method.

9.3 Payment Failures

If payment is debited but service not delivered, amount auto-refunded within 7-10 working days. If not, raise a grievance.

9.4 No Money-Back Guarantee on Boost Campaigns

Boost campaign fees are non-refundable once campaign has commenced delivery. Unspent budget at campaign end returns to your Boost Circle wallet.

10.1 Price Disputes

Disputes between customers and Boost Circle merchants may be raised via in-app Dispute system within 7 days of transaction. Both parties submit evidence; resolved by Nearfo moderation team.

10.2 Content Disputes

Use in-app Report function for content violating these Terms. Reviewed per IT Rules 2021 timelines.

10.3 Disputes with Nearfo

First attempted through good-faith negotiation. If unresolved, referred to arbitration under the Arbitration and Conciliation Act 1996, sole arbitrator by mutual consent, seat in Mumbai, language English.

Nearfo qualifies as an Intermediary under Section 2(1)(w) IT Act 2000. We claim safe-harbour under Section 79 and comply with due diligence obligations under IT Rules 2021, including: publishing rules, regulations, privacy policy, user agreement; requiring users to comply with applicable laws; taking down unlawful content within prescribed timelines; complying with valid court orders and government directives within IT Rules 2021 timelines (typically 36 hours for governmental orders); publishing periodic compliance reports.

We reserve the right (but undertake no obligation) to monitor, edit, or remove any content. We are not responsible for UGC and disclaim all liability arising from it to the maximum extent permitted by law.

Per Rule 3(2) IT Rules 2021:

• Name: Akash More
• Designation: Founder & Grievance Officer
• Email: admin@nearfo.com
• Postal Address: C/o Arpit Keaote, Rahatgaon Shegaon Road, Amravati, Maharashtra, India

Acknowledgement: within 24 hours. Resolution: within 15 days.

For CSAM, non-consensual intimate imagery, or impersonation: expedited 24-hour takedown per Rule 3(2)(b) IT Rules 2021.

13.1 By You

Stop using the Services any time and delete account via Settings → Account → Delete Account.

13.2 By Nearfo

We may suspend/terminate access with or without notice if you breach these Terms or applicable law; your conduct harms users, businesses, or Service integrity; required by law/court order/government directive; we discontinue the Services.

13.3 Effect of Termination

Upon termination, access ceases. Provisions surviving by nature (IP, indemnity, liability limits, governing law) continue.

Nearfo does not warrant that the Services will be uninterrupted/error-free/secure; information obtained will be accurate or reliable; defects will be corrected; the Services/servers are virus-free. Your use is at your sole risk.

To the maximum extent permitted by Indian law, in no event shall Nearfo, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenue, data, goodwill — arising out of or related to your use of the Services.

Nearfo's aggregate liability for all claims shall not exceed the amount paid by you in the three (3) months immediately preceding the event giving rise to the claim, or INR 1,000, whichever is higher. This limit applies regardless of legal theory.

You agree to indemnify, defend, and hold harmless Nearfo, its directors, officers, employees, agents, and affiliates from all claims, demands, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising from your use of the Services; breach of these Terms or applicable law; your UGC; infringement of any third-party rights.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of laws principles. Subject to Section 10.3, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction.

We may modify these Terms. "Last Updated" date reflects the most recent revision. For material changes: 30-day in-app/email notice, and where required by law, fresh consent. Continued use after the effective date = acceptance.

If any provision is held invalid/unenforceable by a competent court, remaining provisions remain in full force. Our failure to enforce any right is not a waiver of such right.

• General: admin@nearfo.com
• Legal: admin@nearfo.com
• Grievance: admin@nearfo.com
• Copyright: admin@nearfo.com
• Security: admin@nearfo.com