Nearbay
Terms of Service
Effective May 23, 2026
These Terms govern your use of Nearbay. Nearbay helps neighbors scan, list, discover, rent, and review household items. By using Nearbay, you agree to these Terms and to the Privacy Policy.
Nearbay is a beta marketplace tool. We provide software, AI assistance, proximity search, messaging, reputation features, and payment workflow integrations. Users remain responsible for their listings, handoffs, item condition, safety, compliance, and disputes.
Eligibility and accounts
- You must be at least 18 years old and legally able to enter a binding contract.
- You must sign in with your own Google account and keep your account secure.
- You are responsible for all activity under your account and for the accuracy of information you provide.
Listings, scans, and AI outputs
- You may only scan, upload, list, rent, or sell items you own or are legally authorized to control.
- You grant Nearbay permission to process your uploaded media and listing data to operate the service, including AI analysis, thumbnails, search, rental workflow, trust features, and support.
- AI-generated item names, categories, conditions, descriptions, and prices are estimates only. They are not appraisals, guarantees, insurance, safety certifications, or legal advice.
- You must review each listing before publishing it and correct price, condition, safety, or availability errors.
Prohibited items and conduct
- Do not list anything illegal, stolen, counterfeit, unsafe, recalled, hazardous, regulated without authorization, or not actually available.
- Do not list weapons, explosives, controlled substances, prescription items, medical devices requiring regulation, adult services, personal identification documents, financial documents, passwords, accounts, live animals, or anything that violates someone else's rights.
- Do not harass, threaten, spam, scrape, reverse engineer, bypass security, submit false reviews, manipulate ratings, or use Nearbay for fraud.
Rentals, deposits, and PayPal
- Rentals are agreements between the owner and renter. Nearbay facilitates discovery, messaging, records, and payment workflow, but does not inspect items or guarantee either party's performance.
- When a renter starts a rental, PayPal authorizes the rental fee plus deposit. PayPal processes payment information under PayPal's own terms and privacy statement.
- On clean return, the owner should capture only the rental fee and release the deposit. If the item is not returned, is damaged, or the parties agree a deposit capture is appropriate, the owner may capture the full authorized amount through the Nearbay workflow.
- A renter can cancel while a rental is pending approval. Once authorized, the parties must coordinate handoff, return, and any dispute in good faith.
- Nearbay may record PayPal order, authorization, capture, void, refund, and expiration events to keep rental status accurate.
Owner responsibilities
- Owners must describe items honestly, keep availability current, set lawful and reasonable prices, provide items in the stated condition, and disclose risks or special instructions.
- Owners are responsible for deciding whether an item was returned cleanly, but must not abuse the deposit capture workflow.
- Owners are responsible for taxes, permits, insurance, safety checks, and legal compliance related to their items and rental income.
Renter responsibilities
- Renters must inspect items at handoff, use items safely and lawfully, follow owner instructions, return items on time and in materially the same condition, and pay authorized amounts.
- Renters are responsible for loss, damage, misuse, late return, fines, and third-party claims caused by their rental use.
Location, handoff, and safety
Nearbay uses location to show nearby listings. Locations may be approximate or inaccurate, especially when IP fallback is used. Users choose where and how to meet. Use common-sense safety practices, meet in appropriate places, and do not share more personal information than necessary.
Reviews, chat, and content
- You are responsible for messages, reviews, listings, images, and other content you submit.
- Do not post private information, defamatory content, illegal content, or misleading reviews.
- Nearbay may remove content or restrict accounts that appear abusive, fraudulent, unsafe, unlawful, or inconsistent with these Terms.
Pricing, currency, and exchange-rate estimates
- Nearbay currently stores item values, rental fees, deposits, PayPal authorizations, captures, and refunds in USD unless a screen explicitly says otherwise.
- Nearbay may show approximate local-currency equivalents based on IP location, request headers, browser language, and third-party exchange-rate data. These local amounts are estimates for convenience only.
- PayPal, banks, card networks, or wallet providers may apply their own exchange rates, fees, eligibility rules, holds, settlement timing, and currency-conversion terms.
- If a displayed estimate conflicts with the PayPal checkout amount or Nearbay rental record, the USD amount in the checkout/rental record controls unless Nearbay has explicitly enabled another settlement currency.
Fees, changes, and availability
- Nearbay may be free during beta and may introduce platform fees, subscriptions, or paid features later. Any material pricing change will be shown before it applies.
- The service may change, pause, break, or be discontinued. We may add, remove, or modify features at any time.
Disclaimers and liability
Nearbay is provided "as is" and "as available." We do not guarantee item quality, safety, legality, availability, market value, rental demand, payment outcome, user identity beyond available authentication signals, or dispute results.
To the maximum extent permitted by law, Nearbay is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost data, personal injury, property damage, or user disputes arising from listings, rentals, handoffs, item use, AI outputs, or third-party services.
Termination and enforcement
We may suspend or terminate access, hide listings, disable rentals, remove content, or preserve records if we believe it is necessary to protect users, comply with law, investigate abuse, enforce these Terms, or maintain the service.
Governing law and contact
Except where mandatory consumer law provides otherwise, these Terms are governed by the laws of Delaware, United States, without regard to conflict-of-law rules. Courts located in Delaware will have non-exclusive jurisdiction, unless a local law gives you the right to bring claims elsewhere.
Questions or notices: support@nearbay.net.