Terms of Service

Effective date: 09 August 2025

These Terms of Service (the “Terms”) are a binding agreement between you (“you,” “your,” or “User”) and BeHere (“BeHere,” “we,” “us,” or “our”). By accessing or using our mobile and web applications, APIs, and related services (collectively, the “Service”), you agree to these Terms. If you do not agree, do not access or use the Service.

Your use of the Service is also subject to our Privacy Policy, which explains how we collect, use, and share information. If you are accepting these Terms on behalf of a company or organization, you represent that you have authority to bind that entity, and “you” will refer to that entity.

1. Acceptance of Terms

These Terms govern your access to and use of the Service. By creating an account, installing the app, or using any part of the Service, you accept and agree to be bound by these Terms.
We may update these Terms as described in Section 12. Your continued use of the Service after updates takes effect constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old (or the minimum age required in your country) to use the Service. If you reside in the EEA, UK, or Switzerland, you must be at least 16 years old unless your local law allows otherwise.
You may use the Service only in compliance with applicable laws. You represent and warrant that you are not barred from using the Service under any applicable law and that you are not on any applicable sanctions or restricted parties list.

2.1 Child Safety

We are committed to providing a safe environment for all users, particularly children and young people. The following provisions are designed to protect minors and prevent child exploitation:

Parental Consent: If you are under 18 years old, you must obtain parental or guardian consent before using the Service. Parents and guardians are encouraged to monitor their children's use of the Service.
Age Verification: We may implement age verification measures to ensure compliance with age restrictions. Users who appear to be under the required age may have their accounts suspended or terminated.
Content Protection: We strictly prohibit any content that depicts, promotes, or facilitates the sexual exploitation of children, including but not limited to child sexual abuse material, grooming, sextortion, or trafficking.
Reporting Mechanisms: Users can report suspected child exploitation or inappropriate content through in-app reporting tools or by contacting [email protected]. We cooperate with law enforcement authorities in investigating reports of child exploitation.
Safety Features: The Service includes features designed to protect user safety, such as the ability to block users, control who can see your location, and limit sharing to approved friends only.
Education: We encourage users to learn about online safety and responsible digital citizenship. Parents should discuss internet safety with their children.
Law Enforcement Cooperation: We will assist law enforcement in their investigations of child exploitation, including providing user data when legally required and in accordance with our Privacy Policy.

If you suspect child exploitation or endangerment, please contact local authorities immediately and report it to us at [email protected].

3. Description of the Service

Based on our current implementation, the Service is a location‑based, friend‑only social platform that enables you to:

Create an account using supported sign‑in methods (e.g., Apple Sign‑In, Google Sign‑In). In limited development contexts, guest/anonymous access may be enabled for testing.
Capture and upload photos from your device. Photos are processed (downscaled to web‑optimized format) and stored in cloud object storage using an S3‑compatible provider. Images are retrieved via expiring, signed URLs.
Attach location metadata (latitude/longitude and place name) to uploads. The Service stores geographic coordinates for proximity features.
Share and view friends’ posts. Discovery of friends’ posts may be proximity‑based (e.g., within a defined distance threshold) and time‑ordered. We track whether you have “discovered/viewed” a post to support product features.
Manage friendships via search, friend requests, and acceptance. There is no general public posting or open follower model; visibility is primarily limited to accepted friends.
Receive push notifications (e.g., friend requests and acceptances) on supported devices.

Important notes:

The Service is social and location‑aware; it is not a navigation or safety tool. Do not rely on it for emergency or mission‑critical purposes.
While we aim to restrict visibility to your accepted friends, sharing inherently carries disclosure risk. Other Users can capture, copy, or share your content outside the app.

4. Account Registration and Security

Account creation: You agree to provide accurate information and keep it updated. Supported methods include social sign‑in (Apple/Google). In development environments, guest/anonymous access may be available with limited features.
Credentials and devices: You are responsible for maintaining the confidentiality of your account and for all activities under your account. Secure your device and promptly notify us of suspected unauthorized use.
One person per account: Do not share your account or create accounts by automated means without our permission.
Username and profile: Usernames must comply with Section 5. We may reclaim usernames for legitimate reasons (e.g., trademark, impersonation, inactivity).
App integrity: The Service may verify client integrity via system-level app attestation. Circumvention or tampering is prohibited.

5. User Conduct and Content

User‑generated content (“UGC”) includes photos, captions, profile details, and any other material you submit. You are solely responsible for your UGC and your interactions.

Prohibited behavior and content include, without limitation:

Illegal activities, incitement, or instructions for illegal acts.
Harassment, threats, hate speech, or discriminatory content.
Sexual content involving minors or sexual exploitation; non‑consensual or intimate imagery; excessively graphic content; child sexual abuse material; grooming or solicitation of minors; sextortion; or any content that exploits or endangers children.
Doxing or disclosure of others’ personal or sensitive data (including precise home addresses) without clear consent.
Content that infringes copyright, trademark, privacy, publicity, or other rights.
Posting others’ locations without consent or encouraging unsafe behavior tied to real‑world locations.
Malware, scraping, reverse engineering, automated data extraction, or interfering with the Service’s operation, integrity, or security.
Attempting to bypass rate limits, access controls, or signed URL protections; using the Service to create a competing database or dataset.

Your ownership; license to BeHere:

You retain ownership of your UGC. By submitting UGC, you grant BeHere a non‑exclusive, worldwide, royalty‑free, sublicensable and transferable license to host, store, reproduce, transcode, adapt, distribute, display, and perform your UGC solely for operating, improving, and providing the Service (including backups, content delivery, moderation, and derivative technical transformations like resizing/format conversion).
To the extent your UGC includes your name, image, or likeness, you grant the rights necessary to display it within the Service to your intended audience (e.g., accepted friends), consistent with your actions in the app.

Moderation; enforcement:

We may remove, restrict, or refuse UGC and/or suspend accounts for violations or risk of harm, with or without notice, subject to applicable law.
We may preserve and disclose information if legally required or in good‑faith belief that it is reasonably necessary to comply with law, protect safety, or address security incidents.

Safety reminders:

Do not use the Service while driving or in situations requiring full attention. Use common sense around real‑world locations.

6. Intellectual Property

Our IP: The Service, including software, APIs, designs, features, and branding, is owned by BeHere and its licensors. We grant you a personal, revocable, non‑transferable, non‑sublicensable, limited license to use the Service in accordance with these Terms.
No implied rights: Except for the limited license above, no rights are granted. Do not copy, modify, distribute, sell, or lease any part of the Service.
Feedback: If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use them without restriction or compensation.

7. Third‑Party Services

The Service integrates or relies on third‑party services, which have their own terms and privacy practices. Without limitation, these may include:

Cloud object storage via an S3‑compatible provider (e.g., AWS or similar) for media storage and delivery via signed URLs.
Push notifications via platform providers (e.g., Apple, Google, Expo’s push service) subject to device/platform policies.
Authentication providers (e.g., Apple Sign‑In, Google Sign‑In).
Hosting, databases, and geospatial processing (e.g., Postgres/PostGIS) and other infrastructure.

We do not control third‑party services and are not responsible for their availability or performance. Your use of those services is subject to their terms, and we may exchange data with them as necessary to provide the Service.

8. Payments and Refunds

Current pricing: At this time, the Service does not charge subscription fees or in‑app purchase fees. If we introduce paid features, we will provide additional terms or an updated version of this Section.
App store purchases: If any in‑app purchases become available through an app store, the store’s own payment terms and refund policies will apply to those purchases.

9. Disclaimers and Limitation of Liability

Disclaimers:

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, non‑infringement, and title. We do not guarantee uninterrupted or error‑free operation, that content will be preserved without loss, or that location information will be accurate or timely.
The Service is not intended for emergency use, safety‑critical applications, or navigation. You are responsible for your conduct and decisions in the real world.

Limitation of liability:

To the maximum extent permitted by law, BeHere and its affiliates, officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business opportunities, arising out of or related to your use of the Service.
To the extent liability cannot be disclaimed, the total aggregate liability of BeHere for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (a) £50 GBP; or (b) the amounts you paid (if any) to BeHere for the Service in the twelve (12) months prior to the event giving rise to the claim.
Some jurisdictions do not allow certain limitations or exclusions; in such cases, the above limitations will apply to the fullest extent permitted by law.

10. Termination

By you: You may stop using the Service at any time and may request account deletion through available tools or by contacting us. Deleting the app does not automatically delete your account or content.
By us: We may suspend or terminate your access, remove UGC, or deactivate your account if we believe you have violated these Terms, created risk or legal exposure for us or others, or for operational/security reasons.
Effect of termination: Upon termination, your right to use the Service ends. Some data may persist for a limited period in backups or as required by law. We may retain certain information to comply with legal obligations, resolve disputes, or enforce our agreements.

11. Governing Law and Dispute Resolution

Governing law: These Terms and any dispute or claim (including non‑contractual disputes or claims) arising out of or in connection with them are governed by the laws of England and Wales, without regard to conflict‑of‑laws principles, unless the law of your habitual residence requires otherwise for consumer protections.
Venue: The courts of England and Wales will have exclusive jurisdiction, except that we or you may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened misuse of IP or breach of security.
Informal resolution: Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us as described in Section 13. If the dispute is not resolved within 30 days, the parties may pursue legal remedies.
Class/representative actions: To the extent permitted by law, disputes must be brought in your or our individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding.

12. Changes to Terms

We may modify these Terms to reflect changes to the Service, legal requirements, or business needs. We will post updates in the app and/or on our website and update the “Effective date” above.
If changes materially affect your rights, we will provide additional notice (e.g., in‑app notice, email, or website banner). Continued use of the Service after the effective date of updates constitutes acceptance of the revised Terms.

13. Contact Information

If you have questions about these Terms or the Service, contact:

Email: [email protected]

Additional notices:

Law enforcement and legal requests may be directed to the email above. We may require proper legal process before responding to requests for user data.
For privacy questions, please see our Privacy Policy available in the app and on our website.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.