1. Introduction
These terms govern the rights and obligations between the operator of the nearhelp application (hereinafter referred to as the "operator") and each user (hereinafter referred to as the "user") who registers for or uses the application.
The operator of the nearhelp platform is LightWeb s.r.o., with registered office at A. Stodolu 5264/37, 036 01 Martin, Slovak Republic, Company ID (IČO): 55 843 581, Tax ID (DIČ): 2122105986, registered in the Commercial Register of the District Court of Žilina, Section: Sro, Insert No. 83519/L.
By registering or using the application, you agree to these terms. If you do not agree with them, please do not use the application. By using the platform, you also agree to our Privacy Policy and Cookie Policy, which form an integral part of these Terms.
Access to the nearhelp platform and its terms of use do not discriminate based on nationality, place of residence, or place of establishment within the EU/EEA, in compliance with Regulation (EU) 2018/302 on addressing unjustified geo-blocking.
2. Service Description
nearhelp is a platform that connects people in their vicinity for the purpose of mutual help. The application allows you to:
- Create posts offering or requesting help
- Respond to posts with proposals
- Communicate with other users via messages
- Rate collaboration after help has been completed
- Add friends, statuses, and photos
nearhelp serves exclusively as a contact intermediary. We are not a party to any agreement between users and bear no responsibility for the quality, safety, or outcome of mutual help.
Posts and proposals are displayed to users primarily based on geographic proximity, creation date (newest first), and selected category. The platform does not use algorithms to promote paid content among user posts. If this approach changes in the future, we will inform you.
3. Registration and Account
- You must be at least 16 years old to register
- You must provide truthful and up-to-date information
- You are solely responsible for the security of your password
- Each user may have only one account
- The operator reserves the right to suspend or terminate any account that violates these terms
4. Code of Conduct
The user agrees not to:
- Publish illegal, offensive, discriminatory, or hateful content
- Harass, intimidate, or threaten other users
- Publish spam, advertisements, or fraudulent content
- Impersonate another person or organization
- Use the application for illegal purposes
- Attempt unauthorized access to the system or other users' data
- Circumvent the application's security measures
- Use automated tools (bots, scrapers) without permission
5. User Content
You bear full responsibility for any content you publish (posts, messages, photos, statuses). You grant the operator a non-exclusive, royalty-free license to display, store, and distribute your content within the application.
The operator reserves the right to remove, without prior notice, any content that violates these terms or the laws of the Slovak Republic.
6. Paid Help and Barter
If users agree on paid help or barter, the agreement is solely between them. nearhelp does not process payments, charge commissions, and bears no responsibility for the fulfillment of agreed-upon conditions.
Users are obliged to comply with applicable laws and regulations (including tax laws) related to income from services provided.
7. Reporting and Blocking
Users may report inappropriate content or behavior by other users. The operator will investigate reports within a reasonable time. Users may also block other users.
In accordance with EU Regulation 2022/2065 (Digital Services Act), the operator ensures a transparent content reporting mechanism. You will be informed about the outcome of your report. If your content is removed, you have the right to submit a counter-notice, which the operator will review and inform you of the result.
Point of contact for EU Member State authorities and the European Commission pursuant to Art. 11 DSA: support@nearhelp.eu
Content moderation: User-reported content is reviewed manually. The platform currently does not use automated content moderation tools. Content removal decisions include a clear and specific statement of reasons in accordance with Art. 17 DSA, including the type of violation, the applicable provision of these Terms, and available remedies.
Internal complaint-handling system (Art. 20 DSA): If you disagree with a content removal or restriction decision, you have the right to file a complaint via email at support@nearhelp.eu within 6 months of the decision. The complaint will be reviewed by a person not involved in the original decision, and you will be informed of the outcome without undue delay.
The operator will publish an annual transparency report in accordance with Art. 13 DSA, providing data on content moderation, number of reports received, and average processing times.
8. Advertisements
The nearhelp application currently does not display any third-party advertisements.
9. Limitation of Liability
- The application is provided "as-is" without warranties
- The operator does not guarantee uninterrupted availability of the application
- The operator is not liable for damages arising from interactions between users
- The operator is not liable for data loss caused by technical failures
The operator shall not be liable for any indirect, incidental, or consequential damages. The operator's total liability to the user for direct damages shall be limited to the amount paid by the user to the operator in the preceding 12 months (in the case of a free service, this is EUR 0). This limitation does not apply to damages caused by intentional misconduct, gross negligence, personal injury, or in cases where limitation of liability is not permitted by applicable law.
10. Intellectual Property
The logo, design, source code, and the nearhelp brand are the property of the operator. Without written consent, it is not permitted to copy, modify, or distribute any part of the application.
11. Termination
The user may terminate the use of the application at any time by deleting their account in the profile settings. The operator may terminate an account for violation of these terms with immediate effect.
If you use the platform to provide services of a commercial nature (paid help), the operator will notify you of account termination at least 30 days in advance in accordance with Regulation (EU) 2019/1150 (P2B), except in cases of legal violations or repeated breaches of these Terms, where termination is effective immediately.
12. Governing Law
These terms are governed by the laws of the Slovak Republic. Disputes shall be resolved before the competent courts of the Slovak Republic. For the resolution of consumer disputes, you may use the ODR (Online Dispute Resolution) platform.
If you are a consumer habitually resident in another EU/EEA Member State, the choice of Slovak law does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence pursuant to Art. 6(2) of Regulation (EC) No. 593/2008 (Rome I). You also have the right to bring proceedings before the courts of the Member State of your domicile in accordance with Art. 18 of Regulation (EU) No. 1215/2012 (Brussels I recast).
13. Alternative Dispute Resolution
Consumers have the right to submit disputes to an alternative dispute resolution (ADR) entity pursuant to Slovak Act No. 391/2015 Coll. The competent authority is the Slovak Trade Inspection (SOI), Bajkalská 21/A, 827 99 Bratislava, www.soi.sk. Consumers may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.
14. Severability
If any provision of these Terms is found to be invalid, ineffective, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the economic purpose of the original provision.
15. Force Majeure
The operator shall not be liable for failure to perform obligations caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, wars, pandemics, power outages, failures of third-party hosting or internet service providers, government actions, or cyberattacks.
16. Indemnification
The user agrees to indemnify and hold harmless the operator, its employees, and partners against any claims, damages, losses, and costs (including reasonable legal fees) arising from the user's breach of these Terms or the user's use of the service in violation of applicable law.
17. Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the operator and the user regarding the use of the nearhelp platform.
18. Right of Withdrawal (EU Consumers)
Since nearhelp is a digital service where personal data is provided as counter-performance within the meaning of Directive (EU) 2019/770, EU consumers have the right to withdraw from the contract within 14 days of registration without giving any reason, in accordance with Directive 2011/83/EU on consumer rights.
By registering and actively using the service (e.g., creating a post, sending a message), you expressly consent to the commencement of the service before the expiry of the withdrawal period. You acknowledge that once the service has been fully performed, you lose the right of withdrawal pursuant to Art. 16(a) of Directive 2011/83/EU.
Regardless of the above, you may delete your account at any time in your profile settings. Upon account deletion, your personal data will be erased in accordance with our Privacy Policy.
19. Digital Service Conformity
In accordance with Directive (EU) 2019/770 on digital content and digital services, the operator undertakes to provide the nearhelp service in conformity with the description set out in these Terms, including regular updates necessary to maintain conformity.
In the event of a lack of conformity, you have the right to request that the service be brought into conformity. If the lack of conformity is not remedied within a reasonable time, you have the right to terminate the service. Upon termination, the operator will cease using your personal data (except where required by law) and will enable you to retrieve your data in accordance with the right to data portability under the GDPR.
If the operator makes a modification to the service beyond what is necessary to maintain conformity, you will be informed in advance. If the modification negatively affects your use of the service, you have the right to terminate the service within 30 days.
20. Accessibility
The operator is committed to ensuring the accessibility of the nearhelp platform in compliance with Directive (EU) 2019/882 (European Accessibility Act) and the EN 301 549 technical standard. Our goal is to meet the WCAG 2.1 Level AA standard.
If you encounter any accessibility barriers, please contact us at support@nearhelp.eu. We will evaluate your feedback and make reasonable efforts to remove identified obstacles.
21. Changes to Terms
The operator reserves the right to amend these terms. Users will be notified of material changes via the application at least 14 days in advance. For material changes affecting the processing of personal data, we will require your explicit consent to the new terms. For other changes, continued use of the application after the 14-day notice period constitutes acceptance of the updated terms. If you do not agree with the new terms, you have the right to delete your account at any time.
22. Contact
If you have any questions, please contact us at support@nearhelp.eu.