Terms Of Service

Terms of Service for the Nearbyto.me Service (nearbyto.me)

The operator of the Nearbyto.me Service (hereinafter — the "Company", also referred to as the "Controller" in the Privacy Policy) offers any legally capable individual (hereinafter — the "User") to enter into these Terms of Service (hereinafter — the "Terms") on the conditions set forth below.

Article 1. Definitions

1.1. Service — an AI assistant for emotional support based on cognitive behavioral therapy (CBT) self-help methods, available at nearbyto.me and through other access channels as determined by the Company. The Service operates under the name Nearbyto.me.

1.2. AI Assistant — software based on artificial intelligence technologies (generative language models) that performs automated generation of text responses. The AI Assistant is not a natural person, does not hold qualifications as a psychologist, psychotherapist, psychiatrist, or any other healthcare professional, and does not hold a license to practice medical or psychological services.

1.3. User — a natural person who has reached the age of sixteen (16) years, has accepted these Terms, and uses the Service in accordance with these Terms. Users under the age of 16 may use the Service only with the consent of a parent or legal guardian.

1.4. Content — text messages, recommendations, exercises, and other materials generated by the AI Assistant during interaction with the User.

1.5. User Content — any information (text, images, voice messages) that the User transmits to the Service during interaction.

1.6. Session — a single interaction session between the User and the AI Assistant.

1.7. Account — the User's personal section within the Service, containing information about the account, usage history, subscriptions, and settings.

1.8. Subscription — a paid service granting the User expanded access to Service features on the terms defined by the applicable plans.

1.9. Personal Data — any information relating to an identified or identifiable natural person.

1.10. Sensitive Data — personal data concerning health (including emotional and psychological state), as well as biometric and other special categories of data, the processing of which requires explicit consent under the Law on Personal Data Protection (No. 3144/2023).

1.11. Plans — the terms of paid Service features, including pricing, feature sets, and payment procedures, as published at nearbyto.me.

Article 2. Subject of the Terms

2.1. The Company provides the User, subject to these Terms, access to the Nearbyto.me Service — an AI assistant for emotional support that uses evidence-based CBT self-help techniques. The Service provides informational materials, exercises, and self-reflection tools.

2.2. The Service is not and shall not be construed as:

• (a) psychological assistance or psychological counseling;
• (b) a medical service;
• (c) psychotherapy;
• (d) diagnostic activity, diagnosis, or prescription of treatment;
• (e) a substitute for a qualified psychologist, psychotherapist, psychiatrist, or any other mental health professional.

2.3. Acceptance of these Terms is accomplished by the User performing all of the following actions:

• (a) reviewing the full text of these Terms;
• (b) checking the box "I accept the Terms of Service" (თანახმა ვარ მომსახურების პირობებზე) during registration;
• (c) commencing actual use of the Service.

Acceptance of this offer constitutes full and unconditional agreement by the User to all conditions of these Terms.

2.4. All recommendations provided by the Service are of an exclusively informational and educational nature and are based on publicly available CBT self-help methods. Content is generated automatically by an artificial intelligence system and may contain inaccuracies.

Article 3. Nature of the Service and Status Limitation

3.1. The Nearbyto.me Service operates on the basis of artificial intelligence technologies (generative language models). The User interacts exclusively with software, not with a natural person.

3.2. The AI Assistant:

• (a) is not a licensed professional in the field of psychology, psychotherapy, or medicine;
• (b) does not possess the qualifications, education, certification, or license required to provide psychological or medical assistance;
• (c) is not registered in any professional registry of healthcare specialists;
• (d) does not perform clinical diagnostics, render diagnoses, prescribe treatment, or prescribe medication;
• (e) does not form a therapeutic relationship with the User;
• (f) does not bear the professional liability established for medical or psychological practitioners.

3.3. The Service is an information technology tool for self-help. No statement by the AI Assistant shall be construed as a professional opinion, diagnosis, or treatment recommendation.

3.4. Wrapper disclosure. Nearbyto.me is an independent product that provides a custom user interface and a proprietary CBT-based prompting layer built on top of large language models supplied by third-party providers (currently Anthropic Claude, accessed via AWS Bedrock in the EU region). Nearbyto.me is not affiliated with, endorsed by, or sponsored by Anthropic, Amazon Web Services, or any other model provider. The Company does not develop the underlying language models and is not responsible for their training data or behavior outside the Nearbyto.me interface.

Article 4. Registration and Account

4.1. To use the Service, the User must create an Account by providing the required information (email address or other method of identification offered by the Service).

4.2. The User is responsible for:

• (a) the accuracy of information provided during registration;
• (b) maintaining the confidentiality of Account credentials;
• (c) all actions performed under the User's Account.

4.3. The User undertakes to immediately notify the Company of any unauthorized access to the Account.

4.4. By registering, the User confirms that they:

• (a) have reached the age of 16, or have obtained the consent of a parent or legal guardian;
• (b) have read and accepted these Terms;
• (c) have read and accepted the Privacy Policy;
• (d) consent to the processing of personal data in accordance with the Privacy Policy and the Sensitive Data Consent.

Article 5. Usage Restrictions

5.1. The Service is not intended for use in the following situations, and the User acknowledges that the Service cannot provide adequate support in these cases:

• (a) suicidal thoughts or intent to self-harm;
• (b) psychotic states, hallucinations, or delusions;
• (c) substance abuse or addiction requiring professional treatment;
• (d) situations of domestic violence or abuse;
• (e) any acute medical or psychiatric emergency;
• (f) any condition requiring professional diagnosis or treatment.

5.2. In case of a crisis, the User must immediately contact emergency services:

5.3. The User shall not:

• (a) use the Service to cause harm to third parties;
• (b) transmit content that is illegal, threatening, defamatory, obscene, or that infringes on the rights of third parties;
• (c) attempt to gain unauthorized access to the Service or its systems;
• (d) use automated means (bots, scripts, scrapers) to access the Service without the Company's written consent;
• (e) reverse-engineer, decompile, or disassemble the Service;
• (f) misrepresent their age, identity, or other personal information.

5.4. Acceptable Use Policy — prohibited content and behavior. In addition to clause 5.3, the User shall not use the Service, including via prompts to the AI Assistant, to generate, request, solicit, store, or transmit:

• (a) sexually explicit, pornographic, or otherwise NSFW ("not safe for work") content of any kind;
• (b) content that sexualizes, endangers, or exploits minors in any way (CSAM is strictly prohibited and will be reported to the competent authorities);
• (c) content depicting or promoting non-consensual sexual acts, sexual violence, or human trafficking;
• (d) content promoting self-harm methods, suicide methods, eating-disorder behaviors, or other forms of harm to self or others;
• (e) hate speech, harassment, threats, or content inciting violence or discrimination against any individual or protected group;
• (f) instructions for the creation of weapons, malware, illegal drugs, or other unlawful goods;
• (g) content that infringes intellectual property, privacy, or publicity rights of third parties;
• (h) attempts to bypass, jailbreak, or manipulate the AI Assistant's safety filters or content moderation systems.

The Company employs automated and manual moderation, applies content-safety filters at the model-provider level, and reserves the right to suspend or terminate Accounts that violate this clause in accordance with Article 10. The Service is intended exclusively for emotional self-help based on CBT techniques and is not designed, marketed, or permitted to be used for adult, "uncensored," or entertainment purposes.

Article 6. Subscription, Payment, and Billing

6.1. The Service offers both free (basic) and paid (subscription) access tiers. The features available under each plan, as well as pricing, are published at nearbyto.me.

6.2. Payment is processed by Lava.top, which acts as the payment processor for the Service under its public offer. The Company provides the Service; Lava.top handles billing, invoicing, and processing of customer payments.

6.3. For billing inquiries, refund requests, and payment disputes, the User should contact Lava.top via the "My Purchases" section of their Lava account or in accordance with Lava's public offer.

6.4. Subscription terms:

• (a) Subscriptions are billed on a recurring basis (monthly or annually, as selected by the User);
• (b) Subscriptions auto-renew at the end of each billing period unless cancelled by the User prior to the renewal date;
• (c) The User may cancel their subscription at any time through the Account settings or via the "My Purchases" section of the User's Lava.top account;
• (d) Cancellation takes effect at the end of the current billing period; access to paid features continues until that date;
• (e) The Company may change subscription prices with at least 30 calendar days' prior notice. The new price takes effect from the next billing cycle after the notice period.

Article 7. Withdrawal Right and Digital Content Waiver

7.1. Exception for digital content: Pursuant to Article 30 of the Law on Protection of Consumer Rights, the User may waive the 14-day withdrawal right for digital content. Before commencing use of the Service (i.e., before the first session), the User:

• (a) expressly consents to the commencement of provision of digital content before the expiry of the withdrawal period;
• (b) acknowledges the loss of the right of withdrawal upon commencement of provision.

7.2. If the User has not waived the withdrawal right and exercises it within 14 calendar days, the refund is processed through Lava.top in accordance with Lava's refund rules. Funds are returned within ten business days, depending on the User's bank.

Article 8. Intellectual Property

8.1. The Service, including its software, design, text, graphics, logos, and all other elements, is the intellectual property of the Company and is protected by applicable laws.

8.2. Content generated by the AI Assistant during a session is provided to the User for personal, non-commercial use only.

8.3. The User retains ownership of User Content transmitted to the Service. By transmitting User Content, the User grants the Company a non-exclusive, worldwide license to process such content solely for the purpose of providing the Service (including AI processing, session personalization, and service improvement through aggregated and anonymized data analysis).

8.4. The User shall not reproduce, distribute, publicly display, or create derivative works from the Service or its Content without the Company's prior written consent.

Article 9. Limitation of Liability

9.1. All recommendations provided by the AI Assistant are of an informational nature only and are based on publicly available CBT self-help methods. The Company does not guarantee any specific results with respect to the User's mental or emotional state.

9.2. The Company is not liable for:

• (a) any damage (direct or indirect) arising from the use or inability to use the Service;
• (b) any decisions or actions taken or not taken by the User based on information received from the AI Assistant;
• (c) the accuracy, completeness, or suitability of Content generated by the AI Assistant;
• (d) interruptions in the Service caused by technical issues, maintenance, or circumstances beyond the Company's control;
• (e) unauthorized access to the User's Account resulting from the User's failure to maintain credential confidentiality.

9.3. The total aggregate liability of the Company under these Terms, in any event, shall not exceed the amount paid by the User for the Subscription during the three (3) months immediately preceding the event giving rise to the claim.

Article 10. Suspension and Termination

10.1. The User may terminate these Terms at any time by:

• (a) cancelling the Subscription (if applicable); and
• (b) requesting the deletion of the Account by contacting [email protected].

10.2. The Company may suspend or terminate the User's access to the Service if the User:

• (a) violates these Terms;
• (b) provides false information during registration;
• (c) uses the Service in a manner that endangers other users or the Service itself;
• (d) attempts to use the Service for purposes that are unlawful or contrary to these Terms.

10.3. Upon termination, the User's right to access the Service ceases. The Company will delete the User's personal data within 10 working days of receiving a deletion request, subject to applicable legal retention requirements.

Article 11. Amendments to the Terms

11.1. The Company reserves the right to amend these Terms at any time.

11.2. The User will be notified of material changes at least 14 calendar days before the changes take effect, via email, in-app notification, or by posting the updated Terms at nearbyto.me.

11.3. Continued use of the Service after the changes take effect constitutes the User's acceptance of the amended Terms. If the User does not agree with the changes, the User must cease using the Service and may request Account deletion.

Article 12. Dispute Resolution

12.1. Pre-trial resolution: The parties shall attempt to resolve any disputes arising out of or in connection with these Terms through negotiation. The User may submit a complaint to [email protected]. The Company will respond within 15 working days.

Article 13. Company Details

Full corporate details of the Company are provided on payment receipts issued by Lava.top and are available on request via [email protected]. For data-protection inquiries: [email protected].

Article 14. Final Provisions

14.1. These Terms become effective from the date of acceptance by the User (Section 2.3) and remain in force until terminated by either party.

14.2. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

14.3. The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4. Headings in these Terms are for convenience only and do not affect interpretation.

14.5. These Terms, the Privacy Policy, the Cookie Policy, and the Sensitive Data Consent together constitute the entire agreement between the User and the Company regarding the use of the Service.