1. Acceptance of Terms

By creating an account or using the NearEat application ("App") or website ("Service"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms are governed by the following Serbian legislation:

• Zakon o obligacionim odnosima (ZOO) — Sl. glasnik RS 29/78 (Law on Obligations)
• Zakon o elektronskoj trgovini (ZET) — Sl. glasnik RS 41/2009 (Law on E-Commerce)
• Zakon o zaštiti potrošača (ZZP) — Sl. glasnik RS 88/2021 (Law on Consumer Protection)
• Zakon o zaštiti podataka o ličnosti (ZZPL) — Sl. glasnik RS 87/2018 (Law on Personal Data Protection)
• Zakon o oglašavanju (ZOgl) — Sl. glasnik RS 6/2016 (Law on Advertising)
• Zakon o autorskom i srodnim pravima (ZASP) — Sl. glasnik RS 104/2009 (Law on Copyright and Related Rights)

2. Service Provider Information (Art. 13 ZET)

Service provider: NearEat
Email: legal@near-eat.com
Website: near-eat.com
Supervisory authority for data protection: Poverenik za informacije od javnog značaja i zaštitu podataka o ličnosti — poverenik.rs

3. Eligibility

You must be at least 13 years old to use NearEat (or 16 in EU member states where applicable, per Porodični zakon). By using the Service, you represent that you meet this requirement. If you are under 18, you confirm that a parent or guardian has reviewed and approved your use of the Service.

4. Account Registration

• You must provide accurate and complete information during registration.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately of any unauthorised use of your account.
• One account per person. Automated account creation is prohibited.

5. Acceptable Use

You agree not to:

• Post false, misleading, defamatory, or offensive reviews or content
• Upload images that you do not own or have rights to use
• Harass, threaten, or abuse other users
• Attempt to access other users' accounts or data
• Use automated scripts, bots, or scrapers to access the Service
• Circumvent rate limits, security measures, or access controls
• Use the Service for any illegal purpose

6. User-Generated Content

• You retain ownership of content you create (reviews, photos, comments) per ZASP (Sl. glasnik RS 104/2009).
• By posting content, you grant NearEat a worldwide, non-exclusive, royalty-free licence to display, distribute, and promote that content within the Service.
• All reviews, ratings, and comments represent the personal opinions of individual users only and do not reflect the views, opinions, or endorsement of NearEat.
• NearEat does not verify, endorse, or stand behind any user review. Restaurant owners and operators acknowledge that NearEat is not responsible for user-submitted content.
• We may remove content that violates these Terms or applicable law.
• You are solely responsible for content you post and its accuracy.

7. Sponsored Listings

Some fast food places displayed in the App are paid sponsorships. Sponsored content is clearly labelled as "Sponsored" in accordance with Art. 8 Zakon o oglašavanju (Sl. glasnik RS 6/2016). Sponsored placement does not constitute an endorsement by NearEat. Fast food owners/managers may purchase sponsored visibility through our payment system.

8. Premium Subscription

• NearEat offers an optional Premium subscription (currently €15/year).
• Premium features include ad-free experience, advanced recommendations, and priority support.
• Payments are processed by Lemon Squeezy (Merchant of Record, PCI-DSS compliant). Refund requests follow Lemon Squeezy's refund policy.
• Subscriptions are non-auto-renewing — you must manually renew when the subscription period ends. No automatic charges will occur.

Crypto donations: NearEat accepts voluntary cryptocurrency donations (BTC, ETH, BNB, SOL). Donations do not grant any additional features, services, or rights.

9. Consumer Rights (ZZP Art. 13–16, 50–55)

Under the Zakon o zaštiti potrošača (Sl. glasnik RS 88/2021), consumers in Serbia have the following rights:

• Right of Withdrawal — For digital content/services delivered online, the 14-day withdrawal right under Art. 27-35 ZZP is waived upon delivery of the digital content, in accordance with Art. 28(13) ZZP, provided you give prior express consent and acknowledge loss of the withdrawal right.
• Digital Content Conformity — Under Art. 50-55 ZZP, the digital service must conform to its described features. If the service does not conform, you may request remedy free of charge.
• Pre-contractual Information — Per Art. 13-16 ZZP, you are informed of all material terms before entering into any paid subscription.

10. Complaints & Dispute Resolution

We are committed to resolving disputes fairly and promptly:

1. Informal Resolution — Contact us at legal@near-eat.com. We will acknowledge your complaint within 5 business days and provide a substantive response within 15 business days (per Art. 56 ZZP).
2. Mediation — If not resolved informally, either party may request mediation per Art. 151 ZZP.
3. Consumer Protection Bodies — You may file a complaint with the relevant consumer protection body in Serbia or your jurisdiction.
4. Courts — You may bring claims before the competent court of your place of residence.

For data protection complaints specifically, you may contact the Poverenik za informacije od javnog značaja i zaštitu podataka o ličnosti at poverenik.rs.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data in compliance with ZZPL (Sl. glasnik RS 87/2018) and GDPR. Your data is stored on servers in Germany (EU).

12. Intellectual Property

The NearEat name, logo, design, code, and all materials on the Service (excluding user-generated content) are owned by NearEat and protected by applicable intellectual property laws, including ZASP (Sl. glasnik RS 104/2009). You may not copy, modify, distribute, or reverse-engineer any part of the Service.

13. Account Deletion

You may delete your account at any time through Settings → Account → Delete Account, via our API, or by emailing privacy@near-eat.com. Upon deletion, all your personal data, reviews, photos, and associated content will be permanently removed. This action is irreversible. A minimal audit log (hashed email, deletion date) is retained for 36 months for compliance purposes. See our Data Deletion Instructions for full details.

14. Platform Role & Disclaimers

• NearEat is solely a technology platform for restaurant discovery, advertising, and user-generated reviews. NearEat is not a restaurant, food vendor, or food safety authority.
• We do not operate, manage, endorse, inspect, or guarantee any restaurant or establishment listed on the platform.
• The Service is provided "as is" without warranties of any kind, to the extent permitted by law.
• We do not guarantee the accuracy, completeness, or reliability of fast food information, ratings, or reviews.
• Fast food data may come from third-party sources (e.g. Google Places) and may be outdated.
• NearEat is not responsible for the quality, safety, or legality of food, service, or hygiene at any listed establishment.
• Disputes between users and restaurants are strictly between those parties. NearEat has no obligation to mediate or resolve such disputes.

15. No Health, Medical, Allergy or Dietary Advice

The dietary tags (vegan, vegetarian, halal, kosher, gluten-free, etc.), nutritional information, ingredient lists, and price ranges shown in NearEat are informational only and are sourced from restaurants, public APIs (e.g. Google Places), and other users. They are not medical, nutritional, or allergen advice and must not be relied upon for any health-critical decision. If you have a food allergy, intolerance, dietary restriction, or medical condition, you must verify ingredients and preparation methods directly with the restaurant before ordering. NearEat disclaims all liability for any reaction, illness, or harm arising from reliance on information shown in the Service.

16. App Store and Platform Terms

If you downloaded the App from the Google Play Store, you also agree to the Google Play Terms of Service. If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and NearEat only \u2014 not Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to furnish maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
• NearEat (not Apple) is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal requirements, and claims under consumer protection law.
• NearEat (not Apple) is responsible for the investigation, defence, settlement, and discharge of any third-party intellectual property infringement claim relating to the App.
• You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You must also comply with all applicable third-party terms when using the App (e.g. wireless data plan agreements).

17. Limitation of Liability

To the maximum extent permitted by applicable law (including ZOO), NearEat shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to dining experiences, food-related illness, allergic reactions, financial losses, loss of data, profits, or goodwill.

NearEat's total aggregate liability shall not exceed the greater of: (a) the amount you paid to NearEat in the 12 months preceding the claim, or (b) €50. This limitation does not affect mandatory consumer rights under Serbian law that cannot be excluded.

18. Indemnification

You agree to indemnify and hold harmless NearEat, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your submitted content, or your violation of these Terms.

19. Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in abusive behaviour, or are used for fraudulent purposes. We will provide notice where practical.

20. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated through the App or via email with at least 15 days advance notice. If you disagree with updated Terms, you may delete your account within 30 days of notification. Continued use after the notice period constitutes acceptance.

21. Governing Law

These Terms are governed by the laws of the Republic of Serbia, including ZOO, ZET, ZZP, and ZZPL. Any disputes shall be resolved in the competent courts of Belgrade, Serbia, unless mandatory consumer protection laws of your jurisdiction require otherwise. EU consumers may also use the EU Online Dispute Resolution platform.

22. Force Majeure

NearEat is not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, civil or military authority, fire, floods, earthquakes, accidents, strikes, pandemics, governmental restrictions, or failures of network providers, cloud infrastructure, or upstream services (such as DNS, registrars, payment processors, or app stores).

23. Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable by a competent court, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect. These Terms, together with the Privacy Policy and the Data Deletion Instructions, constitute the entire agreement between you and NearEat regarding the Service and supersede any prior agreements. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

24. Contact

Legal questions: legal@near-eat.com
Privacy: privacy@near-eat.com
General support: support@near-eat.com