NearSpeak Terms of Use and Privacy Policy

Last Updated: February 16th, 2013

Multi-language voice messages are a cloud-based service and are provided based on a fair use principle. The service offers automated translation of your public voice messages to different languages.

For single-language tags, the message text is directly stored on the tag and can be read offline.

Content Policy: messages are entirely user-generated. We do not have control over the content or meaning of the messages. You are not allowed to publish any content which would fall under inappropriate categories – including, but not limited to: sexually explicit messages, violence or bullying, hate speech, impersonation or perceptive behaviour, personal or confidential information, intellectual property, illegal activity, gambling or dangerous messages.

For multi-language tags, we reserve to block your published messages and the remaining messages from a purchased translation pack should you publish inappropriate content. We do not actively monitor messages stored in the service. If you do encounter a message that does not comply to our content policy, please send the tag contents to us using the contact form in the app or on the app web site. We will disable the linked message as quickly as possible. You can read tag contents using a generic NFC app like Nfc Interactor, where a free trial that can read tags is also available from the Windows Phone Store.

As the messages on single-language tags are stored offline on the tag and not on our server, we do not have any means to track, check, validate or deactivate such messages. Please contact the owner / writer of the tag.

Usage: For large-scale deployments of multi-language tags, or if the tags will be in highly frequently places, please contact us prior to deploying the tags. We reserve the right to deactivate voice messages stored on multi-language tags should they create excessive or unpredictable network traffic, which could for example limit the service or experience for other users.

As a condition of your use of the services, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any nfcinteractor.com server, or the network(s) connected to any nfcinteractor.com server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any nfcinteractor.com server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services.

Duration and quality of service: text contained in multi-language tags is stored in the cloud; we reserve the right to remove messages from the server storage if they have not been read / accessed for a long period of time. We plan to keep the service running for the foreseeable future, but reserve the right to cancel the service at any time with a one (1) month prior notice, posted on nfcinteractor.com. We try to keep the downtimes of the service to a minimum. Due to technical or other urgent reasons, the service might not be available at any time without prior notice.

We take no responsibility for loss of income or similar due to downtime/failure.

Security of data storage: as all messages are public and NearSpeak is not a private messaging service, neither data on the web service, nor on the tags is encrypted, to allow everyone to read and listen to the messages.

Multi-language messages: each message gets a unique ID number. Given that the tags are intended for public use, the ID is stored on the tags and generally readable based on NDEF standards by the NFC Forum. It is therefore possible to copy or clone tags containing a certain message. Given that the ID of a certain message is known, the message can be retrieved from the web service.

Privacy and personal data: when you create a multi-language tag, we store the text and its language that you submit on our servers. In addition, we store a usage counter and the date of last message access in order to be able to generate statistics and determine excessive use of certain messages. When creating the multi-language tag, the purchase ID of your Windows Phone Store In-App-Purchase is transmitted and stored in the database, to allow verifying the validity of your purchase as well as to enforce blocking of your messages, should you violate the policies outlined in this agreement. The purchase ID does not contain any personal information and is provided by the Microsoft Store.

Translation: translation of the messages is provided by the Microsoft Translator service. We cannot guarantee that the translations are correct and error-free. It is not safe to use automated translations in security critical situations. Please refer to the terms of use and privacy policy of the Microsoft Translator service for more details.

Changes of the terms: we reserve the right to update the terms of use at any time without notice to you. The most current version of the terms can be reviewed by tapping on the “Terms of Use” button located in the NearSpeak app.

Additional terms and privacy policy: For general terms of use of the app, website and the services provided, please also see: http://www.nfcinteractor.com/terms_of_use/ and http://www.nfcinteractor.com/privacy-policy/