Terms and Conditions

Pacaya Terms 

Effective date: September 22, 2025
Business name: Pacaya International, Inc
Entity type: Pacaya International Inc., a Delaware C Corporation

 

1. Agreement to terms

By creating an account, accessing, or using Pacaya (“the app,” “the service”), you agree to these Terms of Service (“terms”). If you do not agree, you must stop using the service immediately.

2. Eligibility

Must be 18 years or older.
By using Pacaya, you confirm you have the legal capacity to enter this agreement.
Pacaya is intended primarily for U.S. users; international users must comply with their local laws.

3. Purpose of the service

Pacaya is a social activity and entertainment platform.
It is not a dating app and not an event-management service.
Pacaya does not conduct background checks, verify identities, or endorse activities, users, or businesses.
All participation is at your own risk.

4. Users

Users are fully responsible for their actions, safety, and interactions.
You may not impersonate others, misrepresent yourself, or misuse the service.
Users assume all risks in choosing activities, hosts, or businesses.

5. Hosts

Hosts are independent and not employees or agents of Pacaya. They are responsible for:

  • Accurate activity descriptions

  • Compliance with safety laws, permits, and licensing

  • Ensuring activities are safe and lawful

Pacaya is not liable for incidents or damages connected to host activities.

Additional Terms for Hosts

5.1 Hosting Eligibility

To create and manage crews, you must maintain a reliable attendance history and follow Pacaya’s community standards.

5.2 Host Screening & Background Checks

To help maintain the safety and integrity of the Pacaya community, we may screen and review potential or active Hosts. These checks may include identity verification, criminal background screenings, and review of publicly available records, where legally permitted.

By applying to become or acting as a Host, you expressly acknowledge and agree that:

  • Authorization: You authorize Pacaya and its third-party providers to conduct identity checks, criminal record searches, and lawful database reviews. This may include verification of your full name, date of birth, address history, and government identification.

  • Compliance: Screenings will be performed only where legally permitted and in accordance with applicable laws, including the Fair Credit Reporting Act (FCRA) in the United States and equivalent international privacy laws.

  • Eligibility Impact: Pacaya may deny, suspend, or terminate hosting privileges, at its sole discretion, based on screening results.

  • Notice: If an adverse decision is made based on a screening, Pacaya may notify you of the decision, but is not obligated to share the full details or underlying reports.
  • No Guarantee: Background checks have limitations and may not identify all past behavior or potential risks. Pacaya does not guarantee that a Host has no criminal history or that participation in any activity will be safe.
  • Liability Disclaimer: Pacaya is not liable for the conduct of any Host or participant, even if background checks were performed. You agree to assume any risks associated with activities and interactions.

6. Advertisers

Advertisers must ensure ads are truthful, accurate, and lawful.
False, deceptive, or illegal promotions are prohibited.
Pacaya does not endorse or guarantee advertiser content.

7. Businesses

Businesses remain independent entities, unaffiliated with Pacaya.
They are responsible for compliance with consumer protection and safety laws.
Pacaya does not guarantee the quality of business services or products.

8. Prohibited behavior

You may not use Pacaya for:

  • Illegal activities of any kind

  • Harassment, threats, abuse, discrimination, or hate speech

  • Fraud, impersonation, or misrepresentation

  • Scams or financial exploitation

  • Hacking, scraping, or exploiting the app

  • Organizing unsafe or unlawful gatherings

9. Prohibited items of trade

Strictly forbidden:

  • Weapons, firearms, explosives, ammunition

  • Illegal drugs, prescription drugs, or controlled substances

  • Counterfeit, stolen, or fraudulent goods

  • Prostitution or escort services

  • Any activity tied to human trafficking or exploitation

  • Explicit pornography or sexual exploitation material

  • Hazardous or toxic materials

  • Wildlife or banned plants

  • Alcohol or tobacco without legal authorization

10. Drug & alcohol abuse

Illegal drug promotion is strictly prohibited.
Alcohol-related activities must follow all local age restrictions.
Pacaya is not responsible for accidents or damages caused by intoxication.

11. Payments, subscriptions & refunds

Some features require payment.
All payments are final and non-refundable, unless legally required.
Pacaya may change pricing or refuse transactions at its discretion.

12. Intellectual property

Pacaya’s trademarks, software, and branding belong to Pacaya International Inc.
Unauthorized use or reproduction is prohibited.

13. Compliance with laws

Pacaya complies with:

  • California Consumer Protection & Privacy Laws (CCPA)

  • GDPR (European Union General Data Protection Regulation)

  • U.S. Child Protection Acts (including COPPA)

  • International anti-trafficking and anti-prostitution laws

  • Other applicable consumer protection and safety regulations globally

Users, hosts, businesses, and advertisers must also comply with all applicable laws in their jurisdictions.

14. Disclaimers

Pacaya is provided “as is” and “as available.”
We make no guarantees of uninterrupted service or safety.
Pacaya is not responsible for user conduct, cancellations, or outcomes.

15. Limitation of liability

To the maximum extent permitted by law:
Pacaya International Inc. shall not be liable for any damages (direct, indirect, incidental, punitive, consequential).
Total liability is capped at the greater of (a) $100 or (b) the total amount you paid in the 12 months before a claim.
Your only remedy is to stop using the service.

16. Indemnification

You agree to indemnify and hold harmless Pacaya International Inc. from claims, damages, or losses arising from your conduct, content, or violations of these terms.

17. Termination

Pacaya may suspend or terminate accounts at any time without notice for violations of these terms or at its discretion.

18. Governing law & dispute resolution

Goverened by Delaware law.
Disputes resolved exclusively by binding arbitration in Delaware under AAA rules.
Pre-arbitration requirement: You must first provide Pacaya written notice of a dispute and allow 30 days for informal resolution.
You waive the right to a jury trial.

19. Class action waiver

You agree that all claims must be filed individually.
Class actions, representative suits, and consolidated arbitrations are prohibited.

20. Waiver of injunctive relief

You may only seek monetary damages.
You waive the right to injunctive relief that could restrict Pacaya’s operations.

21. Modifications

Pacaya may update these terms at any time. Continued use after updates means acceptance.