Privacy Policy
INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you in joining and all other activities you will make in our website. By using this Web site and it's Dear Neighbor app, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site or mobile app.
USE OF THE SITE & PROHIBITIONS
The Site allows you to stay in contact with Dear Neighbor users wether they are a business or personal contacts. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information;
For you to complete the sign-up process in our site or mobile app, you must provide your full legal name, a valid mobile number, and any other information needed in order to complete the signup process. You must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, USING DEAR NEIGHBOR MOBILE APP, VISITING OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUD
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Dear Neighbor shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
THE INFORMATION DEAR NEIGHBOR COLLECTS
Contacts List
When navigating to the contact list page on Dear Neighbor Mobile App, users will encounter a one-time prompt requesting access to their contacts list. This access is necessary for the app to synchronize the user's contact list with registered users on our servers. The purpose of this synchronization is to identify contacts who are already registered with Dear Neighbor.
Contacts who are already registered will be conveniently marked with a green dot on the app's contact list page. This green dot signifies that these contacts are already part of the Dear Neighbor community, allowing users to initiate chats with them. Contacts who exist in the user's contact list but have not yet registered with Dear Neighbor will be indicated by a yellow dot.
It's important to note that after the initial cross-check, we do not retain or store the user's contact list on our servers. Our data handling practices prioritize privacy and security.
File Attachments
Any files you attach will be securely stored on our servers until all associated message threads are deleted by all recipients. Once all message threads with these attachments are deleted, we will promptly remove the images from our servers.
THE INFORMATION DEAR NEIGHBOR DOES NOT COLLECT
We do not collect location data.
The contents of messages that have been delivered by the Dear Neighbor Service are not copied, kept or archived by Dear Neighbor in the normal course of business. The Dear Neighbor app is meant to be a messaging service, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be an Dear Neighbor user), if that recipient is online. The contents of any delivered messages are not kept or retained by Dear Neighbor — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Files that are sent through the Dear Neighbor Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed 2,000 USD or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Dear Neighbor. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of Dear Neighbor to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
SMS MESSAGES OPT-IN
By using our mobile app, you acknowledge and agree to initiate SMS invitations to the contacts in your phone using our toll-free number. This feature allows you to invite your contacts to join the app network and connect with you within the app.
Here's how it works:
Contact Invitation: With your explicit permission, our app will use our toll-free number to send SMS invitations to the contacts you select. This enables you to extend invitations to your friends, family, and colleagues, encouraging them to join the app and be part of your app network.
Privacy of Contact Information: We understand the importance of privacy and assure you that the contact information from your phone will only be used for the purpose of sending these invitation messages. We will not use this information for any other marketing or promotional activities without your explicit consent.
Opt-In and Control: You have full control over the invitation process. You can choose which contacts to invite and have the option to customize the invitation message. Additionally, you can easily opt-in or opt-out of this feature within the app's settings, giving you control over your communications.
SMS Message Charges: Please note that standard SMS messaging rates may apply, depending on your mobile service plan. Be aware of any potential charges associated with sending SMS invitations to your contacts.
We prioritize the security and privacy of your personal information. For a comprehensive understanding of our privacy practices, please review our full Privacy Policy. If you have any concerns or questions regarding the use of our toll-free number for SMS invitations or any other privacy-related matters, please don't hesitate to contact our support team. We are here to assist you.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of California, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Date Last Modified:
This Privacy Notice was last modified June 14th, 2023
