These Terms of Service ("Terms") are a legal agreement between you and Thomason Network LLC ("Near & Dear," "we," "us," "our") governing your use of the Near & Dear iPhone app and the Near & Dear website (together, the "Service"). By creating an account, accepting an invitation, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Near & Dear connects a Star — the person being checked on — with one or more Companions — the people who monitor and support them. Some provisions below apply differently depending on which role you hold.
1. Eligibility
You must be at least 18 years old to create a Companion account and purchase a subscription. A Star may be a minor only when the Service is set up or managed by the Star's parent or legal guardian. If you invite, set up, or manage use of the Service for another person, you are responsible for confirming that doing so is lawful, appropriate, and consistent with that person's rights and circumstances.
2. Not a Medical Device — Read This Section
Near & Dear is not a medical device, is not intended to diagnose, treat, cure, or prevent any disease or condition, and is not a substitute for the care of a doctor, therapist, counselor, or any other mental or physical health professional, nor for emergency services.
- Health-related information collected by the app (mood, food, blood pressure, blood sugar, heart rate, medication check-ins) is self-reported by the Star and is intended only to help a Companion notice patterns and stay in touch — it is not clinical-grade monitoring, and it covers both physical and mental well-being.
- The app's "Call 911" option places a real call to emergency services from the Star's device when confirmed. Separately, the Star's connected Companion receives a push notification about the call, which may include the Star's last known location and home address if available. That notification does not connect the Companion to the 911 call itself — the Companion is not patched into the call, cannot speak with the 911 operator through the app, and has no real-time means through the app to relay the Star's location, status, or medical history to that operator. A notified Companion who wants to provide the operator with additional information must contact emergency services separately, on their own. Near & Dear does not itself contact emergency services, monitor the Star continuously, or guarantee that a Companion will see or respond to any alert in time.
- If you or someone you know is experiencing a medical emergency, call 911 (or your local emergency number) directly. Do not rely on Near & Dear as your primary or sole means of summoning emergency help.
- Consult a doctor, therapist, or other qualified health professional for any medical or mental health questions, or before making decisions based on information observed through the app.
This section is also reflected in the app itself; see the in-app medical disclaimer.
3. Accounts and Roles
A Companion account is created and controlled by the person who signs up and subscribes. A Star account is created either directly by the Star or on their behalf by a Companion who invites them. Connecting a Star to a Companion is intended to happen with the Star's knowledge and, where the Star is capable of doing so, their consent. You may not use Near & Dear to secretly monitor another person.
You are responsible for maintaining the security of your device and for all activity that occurs through your account. Notify us promptly at support@thomasonnetwork.com if you believe your account has been accessed without authorization.
4. Subscriptions, Trials, and Billing
Near & Dear offers auto-renewing subscription plans (currently Monthly and Annual) purchased through Apple's App Store, which may include an introductory free trial period.
- Billing. Payment is processed entirely by Apple through your App Store account. Near & Dear does not receive or store your full payment card details.
- Auto-renewal. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours of the end of the current period, at the price you agreed to at purchase (subject to Apple's rules on price-change notices).
- Free trial. If a free trial is offered, any unused portion is forfeited when you purchase a subscription, and your payment method will be charged at the end of the trial unless you cancel before it ends.
- Cancellation. You can cancel anytime through your Apple ID account settings. Cancellation takes effect at the end of the current billing period; we do not provide partial refunds for unused time.
- Refunds. All refund requests are handled by Apple under Apple's own refund policies, not by Near & Dear directly.
- What a subscription covers. A Companion's active subscription is what keeps their connected Star's monitoring features working. If a subscription lapses, the Star may enter a grace period as described in the Privacy Policy's Data Retention section before losing access to certain features.
5. Acceptable Use
You agree not to:
- Use the Service to monitor, invite, or connect with someone without their knowledge where such knowledge is reasonably expected, except where a Companion is acting as a caregiver for a Star who cannot meaningfully consent.
- Attempt to access another user's account, invite link, or invite code without authorization.
- Use the Service for any unlawful purpose, or in a way that could harm, disable, or overburden Near & Dear's infrastructure.
- Reverse-engineer, decompile, or attempt to extract the source code of the app, except where applicable law expressly permits it.
- Submit false emergency confirmations or otherwise misuse the emergency-escalation features.
6. User Content
Messages, check-in responses, and other content a Star or Companion enters into the app ("User Content") remain associated with that user's account. You are responsible for the content you submit. Near & Dear does not review User Content before it is shared between a connected Star and Companion, and is not responsible for the accuracy of self-reported information.
7. Privacy, Permissions, and Account Deletion
Near & Dear's Privacy Policy explains what information the Service handles, how it is used, when it is shared, and what choices users have. By using the Service, you agree that Near & Dear may handle information as described in the Privacy Policy.
Some features require user permission or user action, such as connecting a Star and Companion, sharing earlier Star history, sending notifications, using location in an emergency flow, or using de-identified information for AI-assisted language or pattern analysis. If a user declines or later withdraws a permission, the related feature may not work or may work with less information. Near & Dear does not use health-adjacent information for advertising, marketing, sale to data brokers, or unrelated data mining.
If the Service creates or maintains an account for you, you may initiate account deletion through the app, or contact support@thomasonnetwork.com for help. Deleting an account is different from canceling an App Store subscription, which must be managed through Apple. Account deletion may not delete information that Near & Dear is legally required or permitted to keep for security, fraud prevention, legal compliance, subscription records, dispute resolution, or completion of your request.
8. Third-Party Services
The Service relies on third-party providers, including Apple (App Store, StoreKit, iCloud/CloudKit, push notifications) and AI language providers used to generate varied, de-identified app text. Your use of the Service is also subject to those providers' own terms where applicable. Near & Dear is not responsible for outages, errors, or limitations originating from third-party services outside our control.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEAR & DEAR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT NOTIFICATIONS OR ALERTS WILL ALWAYS BE DELIVERED PROMPTLY OR AT ALL.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEAR & DEAR AND THOMASON NETWORK LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, MISSED OR DELAYED NOTIFICATIONS, MISSED CHECK-INS, OR RELIANCE ON THE SERVICE IN AN EMERGENCY OR HEALTH-RELATED SITUATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEAR & DEAR'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO NEAR & DEAR FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF YOU PAID NOTHING.
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the limitations above apply only to the extent permitted by law.
11. Termination
We may suspend or terminate your access to the Service if you violate these Terms. You may stop using the Service at any time; canceling your subscription does not automatically delete your on-device data, which you can remove by deleting the app.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected by an updated effective date at the top of this document. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, except that either party may bring an individual claim in small claims court if the claim qualifies. The arbitration will take place in Bexar County, Texas, unless the parties agree otherwise or the arbitration provider permits a remote proceeding.
You and Near & Dear agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, to the maximum extent permitted by law. If a dispute is not subject to arbitration, the state or federal courts located in Bexar County, Texas will have exclusive jurisdiction, and you consent to venue there.
14. Contact
Questions about these Terms can be sent to support@thomasonnetwork.com.