User Agreement

This User Agreement governs the use of the iOS application Stay Near – Location Sharing (“the App”), which UBO OF MAGIT LLC DOO (hereinafter “the Company”) provides.

Installing or launching the App signifies acceptance of this Agreement by the user. A person who disagrees with it should refrain from using the App.

The right to use the App is granted under the standard Licensed Application End User License Agreement of Apple. This Agreement supplements that licence.

The general User Agreement of the Company covers matters not regulated here. Where the two differ, this Agreement prevails.

With Stay Near, a location-sharing application, the user can:

• show the user’s position to friends and connections the user has approved;
• follow their positions in real time;
• look through the location history;
• save places;
• get notices about arrivals and departures;
• manage connections and sharing permissions.

Some functions work only with an active subscription (Article 6).

An account appears automatically at the first use of the App and is linked to the device of the user.

The user may add a name, a telephone number and a profile picture and is responsible for keeping these details accurate.

Everything done through the account is the responsibility of the user.

Sharing in the App is voluntary. The user acknowledges that:

• the position is shared only with users the user has approved;
• the list of friends and connections is under the control of the user;
• sharing ends when the user removes a friend or, where the App offers it, changes the permissions;
• approved connections see the position to the extent the functions of the App provide.

The user shall use the App lawfully and with care. In particular, the App must not serve:

• stalking, harassment, threats or intimidation of any person;
• access to the account of someone else without permission;
• unlawful surveillance or monitoring;
• disruption of the operation of the App;
• uploading of harmful, illegal or offensive material;
• misrepresentation of who the user is.

The user alone answers for the information the user provides and for the choice of people who see the position of the user.

Some functions require a paid subscription. Among them may be:

• adding friends;
• accepting requests sent by other subscribers;
• saving places and editing them;
• notices when a friend arrives at or leaves a place;
• further paid functions that may appear later.

The subscription renews by itself unless the user cancels it via the Apple account while the paid period is still running. It is managed and cancelled in the App Store: Settings / Apple ID / Subscriptions.

Refunds follow the policies of Apple and are requested from Apple at reportaproblem.apple.com.

Notices about arrival and departure depend on location data. They may be late, missing or wrong for reasons outside the control of the Company, such as weak GPS reception, the settings of the device, the network connection or restrictions of the operating system.

The Company gives no warranty that notices arrive without interruption or error.

The design, graphics, logos, trademarks, software and content of the App belong to the Company or its licensors and are protected by intellectual property law.

Unless the law expressly allows it, the user may not copy, change, reverse engineer, distribute, sell or license the App or any part of it.

The Company may alter, pause or withdraw the App, in whole or in part, without advance notice.

Continuous availability, security and absence of errors of the App are not guaranteed.

The App is supplied “as is” and “as available”. Insofar as the law allows, the Company excludes every implied or express warranty, in particular those of fitness for a particular purpose, of merchantability and of non-infringement.

The App must not be used for emergency calls, rescue coordination or any situation in which a life may depend on it. Nobody should treat it as the only way to establish where another person is or whether that person is safe.

Insofar as the law allows, the Company bears no liability for consequential, incidental or indirect damage, for lost data or lost profit, or for interruptions of the service that result from using the App or from being unable to use it.

The user may delete the account inside the App at any time.

After deletion, the details of the user, the saved places, the location history and the friend connections may be removed from the systems of the Company. Some information may be kept where the law requires it. Details are given in the Stay Near Privacy Notice.

The Company may revise this Agreement. A revised version takes effect when it is published in the App or on the website of the Company.

A user who keeps using the App once the revised version is published is deemed to accept it.

Questions about this Agreement are answered at apps@magit.info.