Terms of Service

Last updated: 13 June 2026

Plain-language terms for using Still Near.

1. What Still Near is

Still Near is a private photo frame service for long-distance couples. You create a room, invite your partner, and share photos that appear on paired display devices — phones or tablets you already own. The service is operated by Evert Smit, Wydaeckerring 53, 8047 Zürich, Switzerland.

2. Eligibility

• You must be at least 18 years old to use Still Near. We verify your age at signup.
• You must provide a valid phone number for account creation.
• You are responsible for maintaining the security of your account and paired devices.

3. Your room and your content

• A room is private to its two members. No one else can see your photos.
• You retain ownership of the photos you upload. By uploading, you grant us a limited licence to store, encrypt, and deliver them to your room's paired displays.
• You may delete individual photos at any time. You may export your data or delete your account at any time.
• You must not upload content that depicts minors, violates any law, or infringes on someone else's rights.

4. Acceptable use

You agree not to:

• Upload child sexual abuse material (CSAM) or any content depicting minors in a sexual context. Such content is reported to authorities.
• Use the service to harass, stalk, or harm another person.
• Attempt to access another user's room, photos, or account.
• Reverse-engineer, probe, or attack the service infrastructure.
• Use automated tools to abuse rate limits, webhooks, or API endpoints.

Violations may result in immediate account suspension. See our Privacy Policy for how we handle reports.

5. Plans and pricing

Both partners in a room share the same plan — one subscription covers both of you. Prices include VAT where applicable. We reserve the right to adjust pricing with at least 30 days' notice before your next billing cycle.

6. Subscriptions and billing

• Paid subscriptions are billed in advance on a recurring basis (monthly or annually) through Mollie, our payment provider.
• Your subscription renews automatically at the end of each billing period unless you cancel.
• Payment methods include credit card, iDEAL, and other methods available through Mollie in your region.
• If a recurring payment fails, we will retry according to Mollie's retry schedule. Continued failure may result in downgrade to the free tier.

7. Cancellation

• You can cancel your subscription at any time from the app settings. No hoops, no dark patterns.
• When you cancel, your paid features remain active until the end of your current billing period ("paid-through date"). You are not charged again after cancellation.
• After the paid-through date, your room downgrades to the free tier. Your photos are preserved — only the active rotation is limited to 25 photos. Upgrading again restores full access.
• If you have prepaid gift time, it is preserved across cancellation. Your room remains paid until both the recurring tail and the gift time have elapsed.

8. Refunds and right of withdrawal

• Because you can cancel at any time and retain paid access through the end of your billing period, we generally do not offer prorated refunds for partial periods.
• If you believe you were charged in error or experience a billing issue, contact us at billing@stillnear.photos within 14 days of the charge. We will review each case individually and issue a refund where appropriate.
• Refunds for gift purchases follow the same policy: contact us within 14 days if the gift code has not been redeemed.

EU/EEA right of withdrawal

If you reside in the EU/EEA, you have a 14-day right to withdraw from your subscription contract without giving a reason, starting from the date the contract is concluded (i.e. the date of your first payment). Still Near is a digital service. By subscribing and using the service during the withdrawal period, you expressly consent to the service beginning immediately and acknowledge that you will owe a proportionate amount for the service provided up to the point of withdrawal. To exercise this right, send a clear statement (e.g. email to billing@stillnear.photos) before the 14-day period expires. We will refund any amounts owed within 14 days of receiving your withdrawal notice, minus the pro-rata value of service already consumed.

9. Gift codes

• Gift codes grant prepaid time on the paid plan (1, 3, 6, or 12 months).
• Each gift code is single-use and can be redeemed by any user with a room.
• Gift time stacks with existing paid time and is preserved across subscription cancellation.
• Gift codes do not expire but cannot be exchanged for cash.

10. Account deletion and data

• You may delete your account at any time from the app. Deletion enters a 30-day grace period during which you can restore your account.
• After 30 days, your personal data, photos, and account are permanently and irreversibly removed.
• Before deleting, you can export your data (photos + account information) via the app. The export is available for 24 hours.
• Active subscriptions are cancelled as part of account deletion. No further charges will be made.

For full details on data handling, see our Privacy Policy.

11. Breakup and room closure

• Either partner can end the room via "Breakup" in the app. This deletes all shared photos, revokes all paired displays, and blocks both accounts from re-pairing with each other.
• You can also leave a room without triggering a breakup. Optionally, you can choose to delete your own photos when you leave.

12. Service availability

• We aim for high availability but do not guarantee uninterrupted service. Maintenance, updates, and unforeseen events may cause temporary downtime.
• The frame is designed to work offline — it continues displaying the last known photo when connectivity is lost.

13. Limitation of liability

To the maximum extent permitted by law, Still Near and its operator are not liable for indirect, incidental, or consequential damages arising from your use of the service. Our total liability is limited to the amount you paid for the service in the 12 months preceding the claim.

Nothing in these terms limits liability for fraud, wilful misconduct, or anything that cannot be excluded by law.

14. Changes to these terms

We may update these terms as the service evolves. Material changes will be communicated through the app or by email at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. If you disagree, you may cancel and delete your account.

15. Governing law

These terms are governed by the laws of Switzerland. Disputes arising from these terms are subject to the exclusive jurisdiction of the courts of Zürich, Switzerland — except where mandatory consumer protection law of your residence requires otherwise.

16. Contact

• General: hello@stillnear.photos
• Billing: billing@stillnear.photos
• Privacy: privacy@stillnear.photos

Operated by Evert Smit, Wydaeckerring 53, 8047 Zürich, Switzerland.

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