Please read these terms carefully. They define what Nearness is, what we offer, and the responsibilities of both parties.
Nearness ("we", "us", "our") is an Australian AI-powered companion call service (ABN 38 698 010 552). By creating an account or using our service, you ("you", "the account holder") agree to these Terms of Service.
These terms govern your use of the Nearness website at nearness.com.au, the Nearness subscription service, and any related communications from us.
✅ Nearness IS: A personalised AI-powered companion call service designed to provide social conversation, gentle check-ins, and emotional connection for older Australians and others who benefit from regular phone-based interaction.
⚠️ Nearness is NOT: A medical service, mental health treatment, emergency response service, personal alarm system, substitute for professional care, or a monitored alarm system. Nearness does not provide medical advice, diagnosis, or treatment.
Nearness is designed to complement — not replace — human relationships, professional health care, and aged care services. It should not be relied upon as the sole means of checking on a person's health or safety.
To use Nearness, you must:
You are responsible for ensuring the call recipient understands and consents to receiving AI-powered phone calls from Nearness. Nearness will also introduce itself as an AI service at the start of every call.
Nearness offers four subscription tiers: Starter ($19/month, 1 call/week), Light ($39/month, 3 calls/week), Regular ($59/month, 5 calls/week), and Premium ($79/month, 7 calls/week). Annual plans are also available at a 20% discount. Additional one-off calls can be added for $8.99 each.
Billing is processed monthly (or annually) via Stripe. By providing payment details, you authorise recurring charges at the plan rate. We will notify you of any price changes at least 30 days in advance.
Prices are in Australian Dollars (AUD) and include GST where applicable.
New subscribers receive a 30-day free trial. A valid payment method is required to start your trial, but you will not be charged until the trial period ends. At the end of the trial period, your subscription will automatically continue at the standard monthly rate for your chosen plan. You may cancel at any time before the trial ends to avoid being charged.
Free trials are limited to one per household. Nearness reserves the right to modify or discontinue free trial offers at any time.
You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of the current billing period — you will retain access until then.
We do not offer refunds for partial billing periods. If you experience a significant service failure on our part, please contact us and we will assess your situation fairly.
Annual subscribers who cancel within 14 days of renewal may be eligible for a pro-rata refund at our discretion.
As an account holder, you agree to:
Nearness uses artificial intelligence to conduct voice conversations. This is disclosed during signup and at the start of every call. By using Nearness and setting up service for a call recipient, you acknowledge and consent — on behalf of yourself and confirm you have obtained the consent of the call recipient — to:
The call recipient will be informed at the start of each call that they are speaking with an AI service and that the call is being recorded. You are responsible for ensuring the call recipient is aware of and consents to these conditions before Nearness calls are initiated.
See our full AI Disclosure for detailed information about how AI is used in Nearness.
Nearness includes a distress detection system that monitors calls for signs of distress, expressed harm, or emergency situations. When triggered, Nearness will:
⚠️ Critical — Please Read Carefully
Nearness is not a monitored emergency service, a personal alarm system, or any form of emergency response service. When a potential distress event is detected:
You must at all times maintain independent and appropriate emergency plans, including personal alarm systems, regular in-person or phone check-ins by family or carers, and relevant professional health care arrangements. Nearness is a companionship service only.
To the maximum extent permitted by Australian consumer law, Nearness's total aggregate liability to you for any claim arising out of or related to this service is limited to the amount you paid to Nearness in the three months preceding the event giving rise to the claim.
To the maximum extent permitted by law, Nearness expressly excludes liability for:
Alert responsibility. You expressly acknowledge that the distress alert and notification system described in Section 9 operates solely by email notification to nominated contacts. The obligation to monitor, respond to, and act on any such notification rests entirely and exclusively with the nominated contact. Nearness is not responsible for any harm, loss, or outcome connected to an alert email that was sent but not received, delivered to a spam folder, not opened, not read, or not acted upon.
Nothing in these terms limits or excludes any liability that cannot be excluded under the Australian Consumer Law, including consumer guarantees in relation to services.
All content, software, branding, and technology used in Nearness is the intellectual property of Nearness or its licensors. You may not copy, reproduce, or create derivative works from any part of Nearness without our written consent.
You retain ownership of any personal information and profile data you provide. By using Nearness, you grant us a licence to use that data to deliver the service as described in our Privacy Policy.
We reserve the right to suspend or terminate your account if you breach these terms, engage in abusive or fraudulent behaviour, or if we are required to do so by law. We will provide reasonable notice where possible.
Upon termination, your data will be retained for the period described in our Privacy Policy and then securely deleted.
These Terms of Service are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales, except where overridden by applicable Australian consumer law.
📧 Email: privacy@nearness.com.au
🌐 Website: nearness.com.au/contact
🏢 Nearness, Australia — ABN 38 698 010 552