Pacaya App Terms of Service  

Last Updated: 15th October 2024

Thank you for choosing Pacaya, a platform dedicated to fostering real-life connections through local activities and shared interests. By using Pacaya, you agree to these Terms of Service. Please review them carefully, as they constitute a legally binding agreement between you (“user,” “you”) and Pacaya (“we,” “us”).

1. Acceptance of Terms

By accessing, downloading, or using the Pacaya app or website, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree to any part of these Terms, you may not access or use the Service.

2. Service Overview

Pacaya is a social networking app designed for local engagement. Our goal is to help people find and participate in local activities, connect with others who share similar interests, and build meaningful connections through real-life experiences. Through features like Activities, Communities, and Quick Links, Pacaya makes it easy for you to discover and join local events, skill-sharing sessions, and spontaneous meetups.

3. Eligibility

To use Pacaya, you must be at least 18 years old. By creating an account, you confirm that:

• You meet this age requirement.
• You have not been previously banned or removed from the Service.
• Your use of the Service complies with all applicable laws and regulations.

 If you are registering on behalf of an entity, you confirm that you have the authority to bind that entity to these Terms.

4. Account Registration

To access many of Pacaya’s features, you must create an account. During registration, you will be asked to provide accurate information such as your name, email, and profile details. You are responsible for keeping this information current and for safeguarding your account credentials. You agree to notify us immediately at [support@pacaya.com](mailto:support@pacaya.com) if you believe your account has been compromised.

5. User Content

Certain features allow you to post content, including photos, messages, and event details. By posting, you grant Pacaya a worldwide, non-exclusive, royalty-free license to use, modify, display, and distribute this content as part of the Service. You retain ownership of your content but acknowledge that it may be viewed and shared by other users within the Service. You agree not to post content that infringes on third-party rights or violates laws.

6. Community Guidelines

Pacaya aims to be a safe, respectful environment. Users agree not to:

• Engage in any illegal activities.
• Post content that is offensive, harassing, or threatening.
• Use the Service to infringe on intellectual property rights.
• Attempt to hack or disrupt Pacaya’s functionality.

Pacaya reserves the right to remove content or suspend users who violate these guidelines.

7. Payment Terms

The Pacaya app is free to use, but in the future, we may introduce paid features or premium subscriptions. Any charges will be clearly presented for your acceptance before purchase. Fees are non-refundable, except as required by law or as outlined in these Terms.

8. Interactions with Other Users

While Pacaya facilitates connections, we do not conduct background checks on users or events. Meeting with other users or participating in events is at your own risk, and you are responsible for taking precautions. Pacaya is not liable for any loss or harm arising from interactions with other users, whether online or offline.

9. Third-Party Services

Pacaya may contain links to third-party websites or services. We are not responsible for the content, terms, or practices of any linked sites. Your use of these third-party services is governed by their respective terms and conditions. You agree that Pacaya is not liable for any issues arising from third-party interactions.

10. Communications

10.1. Email Communications  

By registering for Pacaya, you consent to receive emails from us regarding account information, service updates, promotional offers, and other communications. You can opt-out of promotional emails by following the unsubscribe instructions included in these emails. Please note that opting out of certain emails may impact your use of the Service.

10.2. Push Notifications  

Upon installing the Pacaya app, you may be asked to allow push notifications. These notifications help keep you updated on activities, reminders, and real-time engagement opportunities within the app. You can manage your notification preferences within your device settings. Turning off notifications may affect the timeliness and functionality of certain features within the Service.

11. Dispute Resolution and Arbitration

Any disputes between you and Pacaya will be resolved through binding arbitration, not in court, except for limited cases described in this section. Both parties waive the right to a trial by jury and agree not to participate in any class action. Arbitration proceedings will be conducted under the American Arbitration Association’s rules or other mutually agreed-upon rules.

12. Modifications to the Terms

Pacaya may update these Terms periodically to reflect changes in our Service or legal obligations. We will notify users of significant changes, and continued use of the Service after updates signifies your acceptance of the revised Terms. You are encouraged to review these Terms periodically.

13. Termination

We reserve the right to suspend or terminate your access to Pacaya at our sole discretion, particularly for violations of these Terms. You may also terminate your account by contacting support@pacaya.com. Upon termination, your right to use the Service ceases immediately.

4. Intellectual Property

Pacaya retains ownership of the app, website, and related intellectual property. You may not reproduce, distribute, or create derivative works based on any part of the Service without our express permission. You are granted a limited, non-transferable license to use the app solely for personal use, subject to compliance with these Terms.

15. Limitation of Liability

Pacaya App is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service. This includes but is not limited to damages from the use or inability to use the Service, loss of data, or unauthorized access to your account.

16. General Provisions

These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Pacaya. If any provision is deemed unenforceable, the remaining terms remain in effect. Failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.