Terms of Use
Contents
- Acceptance of terms
- About NearbyPlay
- Eligibility and account registration
- Use of the platform
- Hosting games
- Joining games
- Physical activity and safety disclaimer
- Communities
- User-generated content and intellectual property
- Third-party services
- Monetisation and payments
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- User conduct and enforcement
- Account termination and data deletion
- Governing law and dispute resolution
- Changes to these terms
- Contact us
1. Acceptance of terms
By downloading, installing, or using the NearbyPlay mobile application ("App"), accessing our website at www.nearbyplay.in ("Website"), or interacting with our WhatsApp-based platform ("WhatsApp Bot"), you agree to be bound by these Terms of Use ("Terms"). The App, Website, and WhatsApp Bot are collectively referred to as the "Platform."
These Terms constitute a legally binding agreement between you ("User") and NearbyPlay Technologies Private Limited ("NearbyPlay", "we", "us", or "our"). If you do not agree to these Terms, you must not use the Platform.
By using the Platform, you confirm that you are at least 18 years of age and legally capable of entering into binding contracts under applicable Indian law. By using the Platform, you also agree to our Privacy Policy and Community Guidelines, each of which is incorporated into these Terms by reference.
2. About NearbyPlay
NearbyPlay is a sports coordination platform. We help people discover, host, and join casual sports and fitness activities within their local communities, residential societies, colleges, and workplaces.
Important: NearbyPlay is a coordination platform only. We do not:
- Own, manage, or operate any sports venue or facility
- Employ any sports coaches, referees, or trainers
- Handle payments between players and hosts
- Guarantee the quality, safety, or availability of any game or venue listed on the Platform
- Take responsibility for the conduct of any user during a game
Games listed on the Platform are organised by individual hosts ("Hosts") who are responsible for the logistics, venue arrangement, and conduct of their sessions.
3. Eligibility and account registration
3.1 You must be at least 18 years of age to use the Platform.
3.2 To access most features of the Platform, you must register an account using your mobile phone number. You agree to provide accurate and current information during registration and to keep it updated.
3.3 You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You must notify us immediately at contact@nearbyplay.in if you suspect any unauthorised use of your account.
3.4 We reserve the right to suspend or terminate your account if:
- Any information provided during registration is found to be inaccurate or misleading
- You violate any provision of these Terms
- Your conduct may cause legal liability to NearbyPlay or other users
- You are found to be under 18 years of age
4. Use of the platform
4.1 You agree to use the Platform only for its intended purpose: discovering, hosting, and joining sports activities in your local area.
4.2 You agree not to:
- Use the Platform for any unlawful, fraudulent, or harmful purpose
- Post false, misleading, or inaccurate information about yourself or any game
- Harass, abuse, threaten, or intimidate any other user
- Use the Platform to solicit payments outside the Platform
- Impersonate any person or entity
- Use automated tools to scrape, mine, or extract data from the Platform
- Attempt to gain unauthorised access to any part of the Platform or its systems
- Post or share content that is obscene, defamatory, or violates any applicable law
- Use the Platform for commercial solicitation, advertising, or spam without our prior written consent
4.3 You acknowledge that content you post on the Platform (game titles, descriptions, venue names) may be visible to other users. You are solely responsible for the accuracy and appropriateness of such content.
5. Hosting games
5.1 As a Host, you are responsible for:
- Ensuring the accuracy of all game details you post (venue, time, sport, capacity, skill level)
- Arranging a suitable and safe venue for the game
- Communicating promptly with registered participants
- Cancelling the game in good time if it cannot proceed, and notifying all participants through the Platform
5.2 NearbyPlay reserves the right to remove any game listing that violates these Terms or that we believe may cause harm to users.
6. Joining games
6.1 By joining a game on the Platform, you confirm that:
- You are physically fit to participate in the sport you are joining
- You have no medical condition that prevents you from participating in physical activity without appropriate supervision
- You take full personal responsibility for your participation
6.2 You acknowledge that NearbyPlay does not verify the credentials, background, or identity of Hosts or other participants beyond basic phone number verification.
6.3 Payment for games (where applicable) is a matter between you and the Host. NearbyPlay does not currently process payments.
7. Physical activity and safety disclaimer
Please read this section carefully.
7.1 Sports and physical activities carry inherent risks of injury, including but not limited to sprains, fractures, cardiovascular events, and in extreme cases, death. By using the Platform to participate in any sports activity, you voluntarily assume all such risks.
7.2 NearbyPlay is a coordination platform only. We are not responsible for:
- Injuries sustained during any game or activity organised through the Platform
- The condition, safety, or suitability of any venue used for a game
- The conduct, skill level, or behaviour of any Host or participant
- Any accident, damage, or loss arising from participation in any game
7.3 You are strongly advised to:
- Consult a qualified medical professional before participating in strenuous physical activity
- Ensure you have appropriate personal insurance coverage
- Warm up adequately before any sporting activity
- Wear appropriate protective equipment where relevant
7.4 Nothing in these Terms limits NearbyPlay's liability for death or personal injury caused by our own negligence, fraud, or fraudulent misrepresentation.
8. Communities
8.1 Communities on the Platform (colleges, apartments, companies, open groups) are created and managed by operators ("Operators") through NearbyPlay's administrative portal. Individual users may request the creation of a community, but NearbyPlay retains sole discretion over whether to approve, reject, or remove any community.
8.2 Community Owners and Admins are responsible for managing membership in accordance with NearbyPlay's Community Guidelines.
8.3 NearbyPlay reserves the right to deactivate any community that violates these Terms or our Community Guidelines, without prior notice.
8.4 Membership in a community does not constitute employment, association, or endorsement by NearbyPlay.
9. User-generated content and intellectual property
9.1 All content on the Platform, including the NearbyPlay name, logo, design, software, and underlying technology, is the exclusive property of NearbyPlay Technologies Private Limited and is protected under applicable intellectual property laws.
9.2 You may not copy, reproduce, distribute, or create derivative works from any NearbyPlay content without our prior written consent.
9.3 By posting content on the Platform (game descriptions, venue names, feedback), you grant NearbyPlay a non-exclusive, royalty-free, worldwide licence to use, display, and distribute such content for the purpose of operating and improving the Platform.
9.4 We reserve the right to remove any user-generated content that we determine, in our sole discretion, to be inappropriate, harmful, or in violation of these Terms.
10. Third-party services
10.1 The Platform integrates with third-party services including WhatsApp (Meta Platforms, Inc.), cloud infrastructure (Amazon Web Services), push notification services (Apple Push Notification service, Firebase Cloud Messaging), and mapping/location services (Google Maps). Your use of such third-party services is subject to their respective terms and privacy policies.
10.2 NearbyPlay is not responsible for the availability, accuracy, or conduct of any third-party service.
11. Monetisation and payments
11.1 The core user experience on NearbyPlay (finding players and joining casual games) is currently free of charge.
11.2 In future, we may introduce optional paid features, such as premium tools for organisers, sponsored activities, or partner venue bookings. Any such features will be clearly identified and subject to separate terms at the time of introduction.
11.3 Where ground booking fees or other shared costs are involved in a game, these are collected and managed directly by the Host. NearbyPlay is not a party to such transactions and assumes no liability for disputes arising from cost-sharing arrangements between users.
12. Disclaimer of warranties
12.1 The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, NearbyPlay disclaims all warranties, express or implied, including but not limited to:
- Fitness for a particular purpose
- Uninterrupted or error-free operation of the Platform
- Accuracy or completeness of any information on the Platform
- The conduct or reliability of any Host or participant
13. Limitation of liability
13.1 To the maximum extent permitted by applicable law, NearbyPlay shall not be liable for any:
- Indirect, incidental, special, or consequential damages
- Loss of data, revenue, or opportunity
- Physical injury or harm arising from participation in any game or activity
- Disputes between users, including between Hosts and participants
13.2 Where liability cannot be excluded by law, NearbyPlay's total liability to you shall not exceed ₹1,000 (Rupees One Thousand) or the amount paid by you to NearbyPlay in the 12 months preceding the claim, whichever is higher.
13.3 Nothing in this clause shall limit or exclude any rights you have as a consumer under the Consumer Protection Act, 2019, or any other non-waivable statutory rights available to you under applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless NearbyPlay Technologies Private Limited, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with:
- Your use of or access to the Platform
- Your violation of these Terms
- Any activity you host or participate in through the Platform
- Any content you submit to the Platform
- Your violation of any third-party rights
15. User conduct and enforcement
15.1 NearbyPlay reserves the right to investigate and take appropriate action against users who violate these Terms or engage in conduct harmful to other users or the Platform. Actions we may take include:
- Removing content posted by the user
- Suspending or permanently terminating the user's account
- Reporting the user to relevant law enforcement authorities
15.2 We reserve the right to refuse service to anyone, at any time, for any reason.
16. Account termination and data deletion
16.1 You may close your account at any time directly through the mobile app by navigating to Profile → Settings → Delete Account. Account deletion follows a 45-day grace period during which the request may be cancelled by logging back in. After 45 days, your account and associated personal data are permanently deleted, subject to retention requirements under applicable law. See our Account Deletion page for full details.
16.2 You may also request account closure by emailing contact@nearbyplay.in.
16.3 We may terminate your account if you violate these Terms, or if the Platform is discontinued.
16.4 On termination, your right to use the Platform ceases immediately. We will handle your personal data in accordance with our Privacy Policy.
17. Governing law and dispute resolution
17.1 These Terms are governed by the laws of India.
17.2 Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India.
17.3 For consumer-related disputes, you may also approach the relevant consumer dispute redressal forum under the Consumer Protection Act, 2019.
18. Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and notify you through the App or via SMS. Continued use of the Platform after such notice constitutes acceptance of the updated Terms.
19. Contact us
NearbyPlay Technologies Private Limited
Email: contact@nearbyplay.in
Phone: +91 7702068282
Address: 2-47/170/A/2, Southern Mega Township, Tondapally, Shamshabad, K.V.Rangareddy, Telangana 509325, India
CIN: U58201TS2025PTC205119