Terms of Service

Effective Date: May 27, 2026 Last Updated: May 27, 2026

These Terms of Service ("Terms") govern your access to and use of the NearGear website at near-gear.com, our mobile-optimized web application, and any related services (collectively, the "Service") operated by NearGear LLC, a Texas limited liability company ("NearGear," "we," "us," or "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

1.1 Age Requirement

You must be at least 18 years old to use NearGear, create an account, or transact on the Service. By using the Service, you represent and warrant that you are at least 18 years of age.

1.2 Geographic Eligibility

NearGear currently serves the Dallas-Fort Worth metropolitan area in Texas, United States. Listings, meetups, and transactions are intended for users physically located in this region.

1.3 Legal Capacity

You must have the legal capacity to enter into binding contracts in your jurisdiction.

2. The Service

2.1 What NearGear Is

NearGear is an online marketplace platform that allows users ("Users," "you," "Buyers," "Sellers") to list, discover, and arrange in-person transactions for youth sports gear. We provide:

A platform for posting and browsing listings
Messaging tools to communicate with other users
Verified safe zone recommendations for meetups
Held payments: we take the Buyer's payment up front and release it to the Seller only after the handoff is confirmed
AI-powered features (Ace assistant, listing analysis, pricing recommendations)
Customer support

2.2 What NearGear Is Not

NearGear is a platform, not a party to transactions between Users. We do not:

Own, control, or possess the items listed
Inspect, verify, or guarantee the condition, quality, safety, or legality of items
Verify the accuracy of listing descriptions
Conduct background checks on Users
Guarantee that any Buyer or Seller will complete a transaction
Provide warranties on items sold through the Service

You assume all risks of transacting with other Users.

3. Account Registration

3.1 Creating an Account

To use most features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and update your information
Keep your password confidential
Notify us immediately of unauthorized access
Accept responsibility for all activities under your account

3.2 One Account Per Person

You may not create more than one account. You may not use the Service if you have been previously suspended or banned.

3.3 Household Profiles

NearGear allows you to create household profiles (e.g., spouse, children's sports/sizes) to streamline listings. The account holder remains responsible for all activity on the account.

4. User Conduct

4.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable laws or regulations
Post fraudulent, false, or misleading listings
Misrepresent item condition, brand, size, or authenticity
List counterfeit, stolen, or recalled items
List items that infringe intellectual property rights
List items prohibited by law (weapons, hazardous materials, etc.)
Harass, threaten, abuse, or stalk other Users
Use offensive, discriminatory, or sexually explicit language
Spam, scam, or phish other Users
Bypass the platform to avoid fees or evade our policies
Use the Service to facilitate illegal transactions
Use automated tools (bots, scrapers) without our consent
Reverse-engineer or attempt to bypass the Service's security
Impersonate any person or entity
Collect or harvest personal information of other Users

4.2 Prohibited Items

The following items may NOT be listed on NearGear:

Firearms, ammunition, or weapons
Hazardous materials or chemicals
Recalled or unsafe products
Counterfeit goods
Stolen goods
Items that violate intellectual property rights
Adult or sexually explicit content
Items unsuitable for youth sports context
Items inconsistent with our community standards

We reserve the right to remove any listing at our discretion.

4.3 Content Standards

All photos, descriptions, and messages must:

Be your original content or content you have rights to use
Be appropriate for a family-oriented platform
Not include inappropriate images of children
Not include children's names, schools, teams, or other identifying details
Focus on the gear being sold, not the child using it

5. Listings and Transactions

5.1 Listing Your Items

When you create a listing, you represent and warrant that:

You own or have legal authority to sell the item
The description is accurate and complete
Photos accurately depict the item
The item is in the condition described
The price you set is your asking price (subject to negotiation)
The item is legal to sell

5.2 Sales Process

Transactions on NearGear follow this flow:

Buyer requests to purchase a listed item at an agreed price
Seller accepts the request
Buyer pays the full amount through Stripe — the item price plus a Buyer Protection fee
NearGear holds those funds; the Seller is not paid yet
Both parties meet at a Verified Safe Zone and exchange the item
Buyer confirms receipt in the app
NearGear releases the Seller's payout, less the Seller fee (see Section 6)

5.3 Pricing and Negotiation

Sellers set prices but may negotiate with Buyers
NearGear's AI may suggest prices; these are recommendations only
All pricing decisions are between Buyer and Seller

5.4 Payments Between Users

All payments go through NearGear. You should not pay a Seller directly in cash or through a payment app — doing so gives up every protection described in these Terms.

The Buyer pays the full amount up front through Stripe, before the meetup
NearGear holds those funds until the handoff is confirmed
The Seller is paid after confirmation, less the Seller fee (Section 6)
Because the money is held, a Buyer who does not receive the item is not out of pocket while we look into it

5.5 Item Condition and Returns

Buyers should inspect items at the meetup before confirming receipt
Confirming receipt releases payment to the Seller and closes the sale. Once released, NearGear cannot reverse it automatically
If something is wrong, report a problem in the app instead of confirming receipt. Reporting holds the payment while we review it (Section 7)
NearGear does not facilitate returns after a sale has been confirmed and paid out

6. Payments, Holds and Refunds

6.1 How the money moves

When a Seller accepts a request, the Buyer pays the full amount through Stripe before the meetup. NearGear holds those funds — the Seller is not paid at that point. Funds are released to the Seller only after the handoff is confirmed, or under the timelines in Section 6.4.

Holding the money is the point: it means a Buyer who never receives an item is not chasing anyone for a refund, and a Seller who hands over an item is not relying on a promise to pay.

6.2 Fees

Fee	Who pays	Amount
Buyer Protection fee	Buyer, added at checkout	10% of the item price
Seller fee	Seller, deducted from the payout	10% of the item price

Founding Family members pay no Seller fee. The Buyer Protection fee still applies to their Buyers.

Example on a $100 item: the Buyer pays $110. The Seller receives $90. NearGear retains $20.

6.3 Refunds

A refund returns the Buyer's entire payment — the item price and the Buyer Protection fee. NearGear keeps nothing on a refunded order. Refunds go back to the original payment method and typically appear within 5–10 business days.

6.4 Outcomes

Where the money goes in each situation:

Scenario	Outcome
Buyer confirms receipt	Payment released to Seller immediately
Seller confirms handoff and Buyer does not respond within 24 hours	Payment released to Seller
Neither party confirms within 7 days of the meetup window	Payment released to Seller
Seller cancels, at any time	Full refund to Buyer
Buyer cancels more than 24 hours before the meetup	Full refund to Buyer
Buyer cancels within 24 hours of the meetup	Payment held for review (Section 6.5)
Seller does not show up	Full refund to Buyer + strike against Seller
Buyer does not show up	Payment held for review + strike against Buyer
Buyer reports a problem with the item	Payment held for review

Reporting a problem, a no-show, or a late cancellation stops any automatic release. Nothing is paid out while a case is open.

6.5 Review and resolution

Where the table above says "held for review", a NearGear team member decides the outcome. The decision is one of two things: the full amount is refunded to the Buyer, or the full amount is released to the Seller. We do not split payments.

We may ask either party for photos, messages or other information. We aim to decide within a few business days. Our decision is final as between the parties for the purposes of the Service; it does not affect any rights you may have outside it.

6.6 After a payout

Once funds have been released to a Seller, NearGear cannot reverse the payment automatically. If you believe a payout was made in error, contact support@near-gear.com as soon as possible and we will try to recover the funds — but we cannot guarantee recovery once money has left the platform. This is why Buyers should report a problem rather than confirm receipt when something is wrong.

6.7 Processing

Payments and refunds are processed by Stripe. NearGear does not store card details
Held funds sit in NearGear's Stripe balance and earn no interest for us
Sellers must complete Stripe onboarding before they can be paid

7. Disputes and Strike System

7.1 Dispute Resolution

If a transaction goes wrong:

First, communicate with the other User to resolve the issue
If unresolved, report a problem through the Service. Do this instead of confirming receipt — reporting holds the payment, confirming releases it
NearGear will review and may:
- Refund the Buyer in full, or release the payment to the Seller (Section 6.5)
- Issue strikes against responsible parties
- Suspend or ban accounts
- Facilitate mediation between Users

7.2 Strike System

NearGear uses a strike system to maintain trust:

Strikes	Consequence
1-2 strikes	Warning; full access maintained
3 strikes	30-day suspension from selling
4 strikes	60-day suspension from selling
5+ strikes	Permanent suspension from selling

Suspended Users may still browse and buy. Permanent suspension may be appealed via support@near-gear.com.

7.3 Strike Categories

Buyer no-show at meetup
Seller no-show at meetup
Item not as described
Late cancellation (under 24 hours)
Inappropriate communication
Other policy violations

7.4 NearGear's Discretion

We reserve the right to issue, remove, or modify strikes at our discretion based on the totality of circumstances.

8. Verified Safe Zones

8.1 What They Are

NearGear identifies "Verified Safe Zones" — public, well-lit locations like Academy Sports, Dick's Sporting Goods, YMCAs, libraries, and rec centers — as recommended meetup locations.

8.2 Important Disclaimer

Verified Safe Zones are recommendations, not guarantees of safety.

NearGear has no affiliation with the businesses or locations identified as Safe Zones unless explicitly stated
We do not provide on-site security or supervision
Meetup conditions can change without our knowledge
You are responsible for your own safety at all times
Use your own judgment; cancel if you feel unsafe

8.3 Safety Recommendations

Meet during daylight hours when possible
Bring a friend or family member
Tell someone where you're going
Trust your instincts
Cancel meetups that feel unsafe

NearGear is not liable for incidents that occur during meetups.

9. Founding Family Program

9.1 What It Is

NearGear offers a "Founding Family" program for the first 15 verified DFW families to sign up:

Zero platform fees on all sales (forever)
⭐ Founding Family badge
Priority support
Early access to new features

9.2 Eligibility and Terms

Available only to the first 15 verified families in DFW
Spots are claimed on a first-come basis
Non-transferable except to direct household members
Subject to good standing under these Terms
Founding Family status can be revoked for violations

9.3 Fee Structure

Founding Families: 0% platform fees on all sales forever
All Other Users: Platform fees as published on the Service (subject to change with notice)

10. AI and Automated Features

10.1 Ace AI Assistant

Ace is an AI-powered assistant that helps with sizing questions, pricing recommendations, scheduling, and general support. By using Ace:

You acknowledge interactions are processed by AI (specifically, Anthropic's Claude AI)
AI responses are suggestions only and may contain errors
You should not rely on AI for legal, medical, or financial advice
We do not use your messages to train external AI models without consent
AI conversations are governed by our Privacy Policy

10.2 AI Listing Analysis

We use AI to suggest:

Listing titles
Item conditions
Suggested prices
Item categories

These are recommendations only. You make all final decisions about your listings.

10.3 AI Limitations

AI features may make mistakes. NearGear is not liable for losses arising from reliance on AI-generated content or recommendations.

11. Intellectual Property

11.1 NearGear's Rights

The Service, including the NearGear name, logo, design, text, code, and features, is owned by NearGear LLC and protected by intellectual property laws. You may not:

Copy, modify, or distribute our content
Reverse-engineer the Service
Use our branding without written permission

11.2 Your Content

You retain ownership of content you post (listings, photos, messages). By posting, you grant NearGear a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content for:

Operating and improving the Service
Marketing the Service (with attribution where appropriate)
Aggregated analytics

This license terminates when you delete your content, except where retention is necessary for legal compliance or where content has been shared with other Users.

11.3 Copyright Infringement

If you believe your copyright has been infringed, send a DMCA notice to support@near-gear.com with:

A description of the copyrighted work
The location of the infringing material
Your contact information
A statement of good-faith belief
A statement of accuracy under penalty of perjury
Your signature

12. Privacy

Your use of the Service is governed by our Privacy Policy, available at near-gear.com/privacy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

13. Disclaimers and Limitations of Liability

13.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. NEARGEAR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF CONTENT
UNINTERRUPTED OR ERROR-FREE OPERATION

13.2 No Guarantee of Transactions

NearGear does not guarantee:

That Users will respond to messages
That meetups will occur as planned
That items will be as described
That transactions will be completed
That the Service will meet your needs

13.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEARGEAR LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
DAMAGES ARISING FROM YOUR USE OF THE SERVICE
DAMAGES FROM TRANSACTIONS WITH OTHER USERS
DAMAGES FROM CONTENT POSTED BY USERS
DAMAGES FROM INCIDENTS DURING MEETUPS
DAMAGES FROM AI ERRORS OR LIMITATIONS

Total Liability Cap: OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID NEARGEAR IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow these limitations; in those cases, the limitations apply to the maximum extent permitted by law.

13.4 Assumption of Risk

You acknowledge that:

Meeting strangers carries inherent risks
NearGear does not vet or background-check Users
Items sold may have defects we cannot detect
You assume all risks of using the Service

14. Indemnification

You agree to indemnify, defend, and hold harmless NearGear LLC, its officers, members, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any law or third-party rights
Content you post on the Service
Transactions you conduct with other Users
Incidents arising from meetups
Any false statements or misrepresentations you make

15. Termination

15.1 Termination by You

You may terminate your account at any time via account settings or by emailing support@near-gear.com.

15.2 Termination by NearGear

We may suspend or terminate your account at our discretion for:

Violation of these Terms
Fraudulent or illegal activity
Multiple strikes against your account
Conduct harmful to other Users or the Service
Extended inactivity
Any reason, with or without notice

15.3 Effect of Termination

Upon termination:

Your access to the Service ends
Active listings are removed
Pending transactions may be cancelled
Provisions intended to survive termination (e.g., disputes, intellectual property, limitations of liability) remain in effect

16. Dispute Resolution Between Users and NearGear

16.1 Informal Resolution

Before filing a formal dispute, contact us at support@near-gear.com to attempt informal resolution. We will respond within 30 days.

16.2 Binding Arbitration

For disputes that cannot be resolved informally, you and NearGear agree to resolve them through binding arbitration rather than court, except for:

Small claims court disputes
Injunctive relief for intellectual property violations

Arbitration shall be conducted by JAMS or AAA in Dallas County, Texas, under their commercial arbitration rules.

16.3 Class Action Waiver

You waive the right to bring or participate in class action lawsuits against NearGear. All disputes shall be resolved on an individual basis.

16.4 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

16.5 Jurisdiction

For matters not subject to arbitration, you consent to the exclusive jurisdiction of state and federal courts located in Dallas County, Texas.

17. Changes to These Terms

We may update these Terms from time to time. When we do:

We will update the "Last Updated" date
For material changes, we will notify you via email or a notice on the Service
Your continued use after changes constitutes acceptance

If you do not agree to changes, you must stop using the Service and may terminate your account.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced, constitute the entire agreement between you and NearGear regarding the Service.

18.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

18.3 Waiver

Our failure to enforce any right or provision does not waive that right.

18.4 Assignment

You may not assign your rights under these Terms. We may assign our rights without notice to you.

18.5 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (natural disasters, war, pandemic, internet outages, etc.).

18.6 No Agency

No agency, partnership, joint venture, or employment relationship is created by these Terms.

18.7 Headings

Section headings are for convenience only and do not affect interpretation.

18.8 Notices

Notices to you may be sent to your registered email. Notices to us must be sent to:

NearGear LLC Email: support@near-gear.com (Mailing address available upon request)

19. Contact Information

For questions about these Terms:

NearGear LLC Email: support@near-gear.com Located in: Dallas-Fort Worth, Texas

By using NearGear, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.