Terms and Conditions

Effective Date: 1/12/2023

1. Introduction

Welcome to the Pacaya mobile application, owned and operated by Pacaya International Inc., a Delaware C Corporation (referred to as “Pacaya,” “we,” “us,” or “our”). By downloading, accessing, or using the Pacaya mobile application and related services (collectively referred to as the “App”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use the App.

2. Eligibility

You must be at least 13 years old to use the App. If you are under the age of 13, please do not download or use the App. By using the App, you represent and warrant that you are of legal age to form a binding contract.

3. Privacy

Your use of the App is also governed by our Privacy and Cookies Policy, which is an integral part of these Terms. Please review the Privacy and Cookies Policy to understand how we collect, use, and protect your data.

4. Data Safety and Legal Compliance

4.1 Data Security: We are committed to safeguarding your data and adhere to security practices to protect your information. However, no online platform can guarantee absolute security.

4.2 California Residents: If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (“CCPA”). Please review our Privacy and Cookies Policy for information on your CCPA rights.

4.3 France and EU Laws: We comply with applicable data protection laws, including those of France and the European Union (EU), such as the General Data Protection Regulation (“GDPR”). Please refer to our Privacy and Cookies Policy for details on how we handle your data under these laws.

5. App Usage

5.1 Acceptable Use: You agree to use the App for lawful purposes and in accordance with these Terms. You will not use the App to engage in any illegal or prohibited activities.

5.2 Prohibited Activities: Prohibited activities include, but are not limited to, sharing illegal content, spamming, harassing others, or engaging in any activity that violates the rights of others or applicable laws.

6. Availability and Termination

6.1 Availability: The availability of the App may vary depending on your location and device. We reserve the right to modify or discontinue the App at any time without notice.

6.2 Termination: We may terminate or suspend your access to the App at our sole discretion, with or without cause, and without notice. Upon termination, all rights granted to you under these Terms will cease.

7. Disclaimers and Limitation of Liability

7.1 No Warranties: The App is provided “as is” and “as available” without warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 Limitation of Liability: To the fullest extent permitted by applicable law, Pacaya and its affiliates, directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

8. Governing Law and Jurisdiction

These Terms are governed by the laws of the state of Delaware, United States. Any disputes arising from or related to these Terms or your use of the App will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

9. Global Use and Compliance

Pacaya is intended to be available globally, except where prohibited by law. Users are responsible for ensuring that their use of the App complies with their local laws and regulations.

10. Changes to Terms and Conditions

We reserve the right to update, modify, or revise these Terms at any time. We will provide notice of significant changes through the App. Your continued use of the App following the posting of changes constitutes your acceptance of those changes.

11. Contact Us

If you have any questions or concerns about these Terms or your use of the App, please contact us at [email protected] or through WhatsApp at The email is supposed to be clickable and the WhatsApp number is 0743524798.

Thank you for using the Pacaya App. We hope you enjoy your local adventures and community connections with us.

Special Addendum to the Terms of Service for Pacaya International

1. Content Use and Rights:

By posting content on the Pacaya app, you grant Pacaya International, its affiliates, and users of the app a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works from, perform, and distribute your content on Pacaya and through other media channels for promotional, commercial, or any other purposes, without acknowledgment or compensation to you.

You acknowledge and agree that any content you post on the Pacaya app may be used by other users in accordance with these terms, and you waive any claims against Pacaya International and its users relating to the use of your content.

2. Mandatory Arbitration:

You agree that any disputes arising out of or related to your use of the Pacaya app or this Special Addendum will be resolved by binding, individual arbitration under the American Arbitration Association’s rules in the State of Delaware and not in a court of law. You waive the right to participate in a class action lawsuit or class-wide arbitration.

3. Governing Law:

This Special Addendum and any disputes arising from it will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.