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Terms of Use

Last updated 20 September 2026

These are the terms you agree to by using Near Miss. They are written to be read, not to be skipped. If something here seems unfair, write to hello@nearmiss.io and say so.

The short version. Use Near Miss for yourself, not to track or harass anyone. Only add people you actually know. What you share on a near miss is visible to the friend it involves. You own your content and can delete your account at any time, which removes it. We are a small independent app and cannot promise perfection, so the app is provided as is.

Who we are

Near Miss is an independent app made by Jeff Ponchick. Where these terms say "we" or "us", that is who they mean. Where they say "you", they mean the person using the app.

Your account

You need an account to use Near Miss. Give accurate information when you create one, keep control of the email address or sign-in provider attached to it, and do not let someone else use it as though they were you.

One person, one account. Accounts that exist to impersonate someone, or to look like a real person who is not using the app, will be removed.

What Near Miss is for

Near Miss exists to show you moments you and people you know were close to each other without realising. That is the whole purpose, and it sets the boundary for everything else.

You may not use Near Miss to:

Breaking any of these ends your access, without warning where the safety of another person is involved.

Other people's data

A near miss involves two people, so it is never only yours. When you add a friend, review photos from a moment, or share one, you are handling information about someone else as well as yourself.

Treat it the way you would want yours treated. Anything you take out of the app, whether by screenshot, export or retelling, is yours to be responsible for, and these terms cannot protect someone from what you choose to do with it.

Your content

Photos you share, comments you write, reactions and your profile remain yours. You give us permission to store and display them for the purpose of running the app: showing a shared photo to the friend the near miss is with, sending you a notification about a reply, and so on. That permission covers nothing else. We do not sell your content, use it to train models, or show it to anyone the app does not already show it to.

When you delete something, we delete it. When you delete your account, everything goes with it. The privacy policy sets out exactly what that covers.

Content from other people

Comments and photos on a near miss come from the person you shared it with, not from us. If something is abusive or does not belong there, report it in the app or write to hello@nearmiss.io. We read reports and act on them, and we may remove content or accounts to keep the app usable and safe.

You can also block someone. Blocking deletes every near miss between you and everything either of you shared on them, and stops them finding you again.

The app itself

Near Miss, its design, its name and its code belong to us. Using the app does not transfer any of that to you.

We may change, add or remove features. Where a change materially reduces what the app does for you, we will say so in the app rather than let you discover it.

Availability, and what we cannot promise

Near Miss is provided as is and as available. We work to keep it accurate and running, but we do not promise that it will be uninterrupted, that every near miss it finds is correct, or that it will find every one that happened. Matching is based on the time and location recorded by a phone's camera, which is approximate, and sometimes wrong.

Nothing in the app is a record of where anyone actually was. Do not rely on it as one, and do not use it as evidence of anything about another person.

To the extent the law allows, we are not liable for indirect or consequential loss arising from your use of the app. Nothing here limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.

Ending it

You can stop using Near Miss at any time, and delete your account from Settings. Deletion is immediate and cannot be undone.

We may suspend or end an account that breaks these terms, or where keeping it would put someone else at risk. Where it is safe and fair to do so, we will tell you why.

Changes to these terms

If these terms change in a way that matters, we will tell you in the app before the change takes effect. The date at the top always reflects the current version.

Law

These terms are governed by the laws of the State of California, and the courts of California have jurisdiction over any dispute. If you live somewhere that gives you rights that cannot be signed away, those rights still apply to you.

Getting in touch

Write to hello@nearmiss.io. A person answers.