Terms of Service

Last updated May 2026

Overview

Nudge is a location-based app that connects approved members of a small invite-only community for in-person meetups. By creating an account, you agree to these Terms of Service. If you do not agree, do not use the app.

Eligibility

You must be at least 18 years old to use Nudge. By signing in, you confirm that you meet this requirement. Accounts found to belong to anyone under 18 will be removed.

Acceptance of Terms

The first time you sign in we ask you to acknowledge these Terms and our Privacy Policy on a dedicated screen. You must check both boxes to proceed. We record the timestamp of your acceptance.

Your Account

You are responsible for all activity that occurs under your account. You agree to provide accurate information and to keep your account secure.

We reserve the right to suspend or terminate accounts that violate these terms, at our sole discretion, with or without notice.

Acceptable Use

You agree not to use Nudge to:

• Harass, stalk, threaten, or intimidate other members
• Post hateful, sexually explicit, or otherwise inappropriate content
• Impersonate any person or entity
• Solicit, advertise, or sell goods or services
• Violate any applicable law or regulation
• Attempt to gain unauthorized access to other accounts or our systems
• Use the app in any way that could harm, disable, or impair it

We have zero tolerance for objectionable content or abusive members.

Content Moderation

Nudge applies an automated profanity filter to chat messages, display names, and Instagram handles. Content containing prohibited words will be rejected at the time of submission.

Every member's profile, every nudge you receive, and every chat thread carries a menu with Report and Block actions. Reports are reviewed by our team within 24 hours. A member who receives three or more open reports against them is automatically suspended pending human review.

Blocking is bidirectional: a blocked member can no longer see you, message you, or be matched with you in proximity, and you cannot see them.

Location & Privacy

Nudge uses your location to detect nearby members. By enabling live mode, you consent to your location being used for proximity matching. Coordinates are temporarily cached and are not stored permanently on our servers. See our Privacy Policy for full details.

User Content

You retain ownership of any content you upload (such as your profile photo and chat messages). By uploading content, you grant us a limited, non-exclusive, royalty-free license to host, store, and display it to other approved members within the app.

You agree not to upload content that is unlawful, infringing, defamatory, harassing, threatening, hateful, sexually explicit, or that violates another person's rights. We may remove any content at our sole discretion.

Safety in Person

Nudge facilitates in-person meetups between adults. You alone are responsible for your decisions to meet, where you meet, and how you conduct yourself. Meet in public, well-lit places. Trust your instincts. You can leave any meetup at any time. We are not responsible for any interactions you have with other members in person.

No Obligation to Monitor

Although we apply automated filters and review user reports as described in the Content Moderation section, Nudge has no obligation to pre-screen, monitor, or remove user content. Nudge is not responsible for content posted by users and disclaims all liability for it to the fullest extent permitted by law. Your interactions with other members are solely between you and them.

Disclaimers

Nudge is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will be uninterrupted, error-free, secure, or that it will meet your expectations.

Limitation of Liability

To the fullest extent permitted by law, Nudge and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from your use of or inability to use the service or any interactions you have with other members.

Indemnification

You agree to indemnify and hold harmless Nudge and its operators from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (i) your use of Nudge, (ii) any content you post or transmit, (iii) your violation of these Terms, or (iv) your interactions with other members.

Termination

You may delete your account at any time from inside the app. Upon deletion we remove your profile, your sent and received nudges, your chat messages, and your avatar from storage, and we cancel the Sign in with Apple link to Nudge.

We may suspend or terminate your account at any time for any reason, including violation of these Terms.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes through the app or by updating the date above. Continued use of Nudge after a change constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to the Dispute Resolution section below, any dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York.

Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights and requires that most disputes between you and Nudge be resolved through binding individual arbitration rather than in court.

Informal resolution first. If you have a dispute with Nudge, you agree to first contact us at legal@nudgenyc.com with a brief written description of the dispute and your contact information. You and Nudge agree to attempt to resolve the dispute informally for at least 30 days before initiating arbitration.

Binding arbitration. If informal resolution does not succeed, you and Nudge agree to resolve any dispute arising out of or relating to these Terms or your use of Nudge through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English by a single arbitrator. The arbitration will take place in New York, New York, or, at your election, remotely.

Class action waiver. You and Nudge agree to bring any claims only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Exceptions. The following claims are excluded from arbitration: (i) claims that may be brought in small-claims court, so long as the action remains in that court and is on an individual (non-class) basis; and (ii) claims for injunctive relief to protect intellectual property rights.

Opt-out. You may opt out of this arbitration agreement by emailing legal@nudgenyc.com within 30 days of first accepting these Terms. Your email must include your name, the email associated with your Nudge account, and a clear statement that you do not wish to resolve disputes through arbitration. Opting out will not affect any other provision of these Terms.

Severability. If any portion of this section is found unenforceable, the unenforceable portion will be severed, and the remainder will continue to apply.

Apple App Store Terms

If you obtained Nudge through the Apple App Store, the following additional terms apply. They are required by Apple and supplement these Terms.

Acknowledgement. This Agreement is between you and Nudge only, not with Apple Inc. Nudge, not Apple, is solely responsible for Nudge and its content.

Scope of license. The license granted to you for Nudge is limited to a non-transferable license to use Nudge on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and support. Nudge, not Apple, is responsible for providing any maintenance and support services for Nudge.

Warranty. Nudge is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If Nudge fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for Nudge to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Nudge.

Product claims. Nudge, not Apple, is responsible for addressing any claims relating to Nudge or your possession and use of it, including product liability claims, claims that Nudge fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

Intellectual property rights. In the event of any third-party claim that Nudge or your possession and use of Nudge infringes that third party's intellectual property rights, Nudge, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party terms. You must comply with applicable third-party terms of agreement when using Nudge.

Apple as third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Developer contact. For questions, complaints, or claims regarding Nudge, contact us at hello@nudgenyc.com.

Copyright Complaints (DMCA)

If you believe content posted on Nudge infringes your copyright, please send a notice that complies with the Digital Millennium Copyright Act to our designated agent:

Copyright Agent, Nudge
New York, NY
copyright@nudgenyc.com

Your notice must include: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We will respond to valid notices in accordance with the DMCA. Members who are the subject of repeated infringement notices will have their accounts terminated.

Severability and Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision is not a waiver. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nudge regarding Nudge. You may not assign these Terms; we may assign them at our discretion. Notices to you will be provided in the app or by email to the address associated with your account.