Terms of Service

Last Updated: 30 Aug 2024

1. Acceptance of Terms

Welcome to NearKeys! By accessing or using the NearKeys website, mobile application, or any related services (collectively, the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use the Service.

2. Eligibility

You must be at least 18 years old to use our Service. By using NearKeys, you represent and warrant that you have the legal capacity to enter into these Terms and comply with them.

3. Services Provided

NearKeys offers a platform for users to list, search, and manage real estate properties. We do not own, buy, or sell properties directly. The platform facilitates connections between property owners, agents, and potential buyers or renters.

4. User Accounts

To access certain features of our Service, you may need to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Responsibilities

You agree to use the Service in a lawful manner and in compliance with all applicable local, state, national, and international laws and regulations. You agree not to:

Use the Service for any illegal or unauthorized purpose.
Post or transmit any content that is harmful, abusive, defamatory, or otherwise objectionable.
Engage in any activity that could damage, disable, or impair the Service.

6. Content and Listings

Users may post property listings, reviews, messages, and other content on the platform ("User Content"). You retain ownership of your User Content, but by submitting it, you grant NearKeys a non-exclusive, worldwide, royalty-free, and fully sublicensable license to use, reproduce, modify, publish, and distribute such content in connection with the Service.

You represent and warrant that you have the rights to any content you post and that such content does not violate any third-party rights, including intellectual property rights.

7. Payments and Fees

Certain features of the Service may require payment. All fees are listed on the Service and are subject to change at any time. All payments are non-refundable, except as required by law or as otherwise provided in these Terms. You are responsible for providing accurate payment information and ensuring that your payment method is valid.

8. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your information. By using the Service, you agree to the collection and use of your information as outlined in the Privacy Policy.

9. Third-Party Services

The Service may include links to third-party websites or services that are not owned or controlled by NearKeys. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that NearKeys is not liable for any loss or damage related to your use of any third-party services.

10. Limitation of Liability

To the maximum extent permitted by law, NearKeys shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

Your use of or inability to use the Service.
Any unauthorized access to or use of our servers and/or any personal information stored therein.
Any interruption or cessation of transmission to or from the Service.
Any bugs, viruses, or other harmful code that may be transmitted to or through the Service by any third party.
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.

11. Indemnification

You agree to indemnify, defend, and hold harmless NearKeys, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or in connection with:

Your use of the Service.
Your breach or violation of any of these Terms.
Your violation of any rights of any third party, including any intellectual property rights.
Any User Content you submit, post, or transmit through the Service.

12. Termination

We reserve the right to suspend or terminate your account or access to the Service at any time, with or without cause, and with or without notice. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

13. Changes to the Service and Terms

NearKeys reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We may also revise these Terms from time to time. If we make material changes, we will provide notice through the Service or by other means. Your continued use of the Service after any changes constitute your acceptance of the new Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration in [Your Jurisdiction] or another location mutually agreeable to the parties.

15. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and NearKeys and supersede any prior agreements.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: The failure of NearKeys to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

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