Terms of Service

Agreement to Terms

Welcome to māhū, a gay-first (men seeking men) dating app designed for adults in Hawaiʻi, including local residents and visitors traveling to the islands (the "Service"). These Terms of Service ("Terms") are a legally binding contract between you and Rez Schaefer (a sole proprietor, individual developer) ("we," "us," or "māhū").

By creating an account, logging in, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms incorporate by reference (and you agree to follow): (a) our Privacy Policy and (b) our Community Guidelines (together with these Terms, the "Agreement"). If there is a conflict between these Terms and the Community Guidelines, these Terms control unless we state otherwise.

Important notice: These Terms include an arbitration agreement and a class action waiver in the "Dispute Resolution" section, which affect how disputes are resolved.

We may update these Terms from time to time. The "Last Updated" date shows when changes were last made. By continuing to use the Service after changes become effective, you accept the updated Terms. If you do not agree to the updated Terms, you must stop using māhū and delete your account.

Eligibility

māhū is for adults only. You may use the Service only if you meet all of the eligibility requirements below.

• Age: You are at least 18 years old.
• No sex offender registration: You are not a registered sex offender (in any jurisdiction).
• No prior ban: You have not been previously banned or permanently removed from māhū (unless we explicitly reinstate you in writing).
• Legal permission: You are legally permitted to use the Service where you are located and where you access it.
• Truthful information: You will provide accurate, current, and complete information and keep it updated.

We are not a background-check service and do not guarantee that any user is who they claim to be or that they meet the eligibility requirements. You are responsible for your own decisions and safety, including when communicating with or meeting other users.

If you do not meet these requirements, you must not create an account or use the Service. If we learn or reasonably suspect that you are not eligible, we may suspend or terminate your account.

Account Registration and Security

To use māhū, you must create an account (an "Account"). You sign in using a phone number or email address through Keycloak (an OIDC authentication provider). We do not store a password for you directly within the app.

You are responsible for your Account and activity on it. This includes keeping control of your device(s), verification codes, login links, email inbox, and SIM card. If someone accesses your Account, we will treat their actions as your actions unless you notify us promptly.

• One Account per person: You may have only one Account. Multiple Accounts, "backup" Accounts, or Accounts created to evade enforcement are prohibited.
• No sharing: You may not share your Account with any other person or let anyone else use it.
• Truthful profile: You must provide truthful information and must not misrepresent your identity, age, relationship status, or intentions.
• We may refuse or terminate: We may refuse registration or suspend/terminate an Account at our discretion, including for safety reasons, suspected fraud, or violations of the Agreement.

Account deletion: You can delete your Account in-app. When you delete your Account, we remove your profile from the live Service and delete (or de-identify) profile data in our active systems. However, we may retain certain information for limited purposes, such as to comply with law, enforce the Agreement, resolve disputes, prevent fraud, and for safety and trust (including retaining report histories and related evidence). Also, some information may persist briefly in secure backups before being overwritten in the normal course.

Messages and shared content: If you send messages or share content with other users, copies may remain on their devices or in their Accounts even after you delete yours.

Locality Mode

māhū is built for Hawaiʻi. To help users date responsibly and set accurate expectations, every user must choose a locality status: LOCAL (resident of Hawaiʻi) or VISITOR (traveling to Hawaiʻi).

• Required selection: You must declare whether you are LOCAL or VISITOR during onboarding (and keep it accurate).
• Visitors must set a departure date: If you choose VISITOR, you must provide an accurate departure date.
• Ongoing accuracy: If your plans change, you must update your VISITOR departure date promptly. If you become a resident, you must change your status to LOCAL.
• No misrepresentation: Misrepresenting your locality status (for example, claiming "LOCAL" to get more matches) is a violation of the Agreement.

We may verify, correct, or adjust locality declarations based on signals reasonably available to us (for example, location services (if enabled), IP-based geolocation, travel patterns, or other trust-and-safety indicators), as described in our Privacy Policy. We may also ask you to confirm or update your status.

User Content and License

"User Content" means content you submit, upload, transmit, or make available through the Service, including photos, profile text, messages, and other materials. You keep ownership of your User Content as between you and us.

License you grant to us: To operate the Service, you grant māhū a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers), and transferable license to host, store, reproduce, format, modify (for technical purposes only—such as resizing and transcoding), display, and distribute your User Content within the Service (including showing your profile to other users and delivering messages you send).

This license ends when your User Content is deleted from our systems, except to the extent we must retain it for the limited purposes described in these Terms (for example, safety reports, legal compliance, dispute resolution, or enforcement).

Your responsibilities for User Content: You represent and warrant that:

• You own or have all necessary rights, permissions, and consents to post your User Content (including from any person appearing in your photos).
• Your User Content does not violate any law or any third-party rights (including privacy, publicity, copyright, and trademark rights).
• Your User Content complies with these Terms and the Community Guidelines.

Content moderation: We may remove, restrict, or disable access to User Content that we believe violates the Agreement or may harm users, even if the content is not illegal. Moderation may include a combination of automated tools (for example, photo verification, spam/scam detection, and nudity/NSFW detection) and human review. Automated systems are not perfect and may produce false positives or false negatives; we do not guarantee that all harmful content will be identified or removed.

Reporting issues: If you believe content violates the Agreement or is unsafe, use in-app reporting tools. For urgent danger, contact local emergency services.

Private Photos

māhū may offer private photo albums that are hidden by default and can be shared only through a consent-based request flow ("Private Photos"). Private Photos are intended to give users more control over sensitive content.

• Consent required: You may share Private Photos only through the in-app consent flow, and only with users you intend to share them with.
• No off-app sharing: You must not copy, save, screenshot, screen-record, repost, publish, or otherwise redistribute someone else's Private Photos (or other private content) outside the Service.
• No coercion: You must not pressure, threaten, or manipulate someone to share Private Photos.
• Revocation: If a user revokes access to Private Photos, you must respect that immediately.

Explicit content: Explicit sexual content is permitted only in Private Photos and only when it is adult, consensual, and legal. Explicit content is not allowed in public profile photos or any other public-facing areas of the Service.

Absolutely prohibited in any form: Any content involving minors, non-consensual sexual content, sexual violence, bestiality, or exploitation is strictly prohibited and may be reported to law enforcement.

We may use technical and operational measures (including automated detection) to enforce these rules, but we cannot guarantee that we can prevent every screenshot or misuse. You are responsible for complying with these Terms and respecting others' privacy.

Prohibited Conduct

You agree not to misuse the Service, harm other users, or interfere with the Service's operation. The following are prohibited (this list is not exhaustive):

• Harassment and abuse: Harassing, bullying, threatening, intimidating, doxxing, humiliating, or otherwise abusing any person.
• Hate and discrimination: Hate speech, slurs, dehumanizing content, or discrimination based on race, ethnicity, national origin, religion, disability, age, sexual orientation, gender identity/expression, or other protected characteristics.
• Impersonation and deception: Impersonating someone, catfishing, misrepresenting your identity, age, relationship status, or intent, or creating Accounts for someone else.
• Non-consensual conduct: Stalking, unwanted sexual content, repeated unwanted contact, coercion, or attempts to circumvent someone's boundaries or consent.
• Sexual exploitation: Any non-consensual sexual imagery, extortion, or threats to share sexual images.
• Commercial activity and solicitation: Advertising, spamming, pyramid schemes, escorting, or soliciting money, gifts, financial assistance, or other items of value from users.
• Spam and manipulation: Bulk messaging, automated messaging, fake engagement, or using bots/scripts to interact with the Service.
• Scraping and data harvesting: Scraping, crawling, collecting, or indexing any content or user information without our written permission.
• Security and platform abuse: Reverse engineering, decompiling, bypassing access controls, probing/penetration testing without permission, or attempting to interfere with the Service's security features.
• Malware and harmful code: Uploading or distributing malware, spyware, or any code designed to disrupt or harm systems or data.
• Circumventing safety tools: Attempting to bypass blocks, reports, bans, locality verification, photo verification, incognito controls, or other safety/enforcement mechanisms.
• Underage use: Using the Service if you are under 18, or portraying anyone under 18 in any content.
• Sharing private information: Posting or sharing another person's private information without permission (including addresses, phone numbers, government IDs, or private images).
• Illegal activity: Using the Service for illegal purposes, including facilitating violence, trafficking, or other unlawful conduct.

Violations may result in enforcement action, including immediate suspension or permanent removal from the Service.

Safety and Enforcement

We take safety seriously. We may take action to protect users, even when the facts are unclear or when we cannot verify every detail. Safety overrides growth, and we will err on the side of protecting users.

Enforcement tools: If we believe you violated the Agreement or created risk, we may take one or more actions, with or without notice:

• Issue a warning or require acknowledgment of policy.
• Remove or restrict access to content.
• Limit features (for example, messaging limits, visibility limits, or restrictions on Private Photos).
• Apply ranking reductions or reduced distribution ("shadow bans").
• Require additional verification (for example, photo verification).
• Temporarily suspend your Account.
• Permanently ban your Account and related identifiers (for example, device identifiers, phone number, or email).

Blocking: Blocks are immediate and bidirectional. When you block someone, both users lose the ability to view or contact each other through the Service (subject to technical constraints).

Reports: When you report someone, we may review relevant information, including profiles, messages, Private Photo access logs, and other signals reasonably necessary to assess risk. Reports are reviewed by our team and may be supported by automated triage.

Cooperation with law enforcement: We may preserve, review, and share information (including User Content and account data) when we believe it is reasonably necessary to: comply with legal obligations, respond to lawful requests, investigate fraud or security incidents, and protect the safety of users or the public.

We do not guarantee that we will take action in every case, and we are not responsible for the conduct of users on or off the Service.

Premium Subscriptions and Purchases

māhū offers a free tier and optional paid premium subscription(s) ("Premium") that unlock additional features. Premium may include features such as Likes You visibility, Super Likes, Rewinds, Profile Boosts, Advanced Filters, and Incognito Mode.

Billing and platform: Purchases and subscriptions are processed by the platform where you downloaded the app: Apple In-App Purchase (App Store) or Google Play Billing (Play Store). The app store's terms and policies also apply to your purchase.

• Auto-renewal: Unless you cancel, subscriptions typically renew automatically and you will be charged according to your chosen plan.
• How to cancel: You must cancel through your Apple/Google account subscription settings (not by deleting your māhū Account).
• Uninstalling is not cancellation (Google): On Google Play, uninstalling the app does not cancel your subscription.
• Refunds: Refunds are handled by Apple or Google under their refund policies. We do not process refunds outside the app stores. In some cases, Google may direct you to contact us or may allow a developer-issued refund through Google Play tools, but the store's rules still apply.
• Price and feature changes: We may change Premium pricing, packages, or features from time to time. If required, you will receive notice and/or be asked to consent through the app store.
• Non-transferable: Premium entitlements are tied to your Account and app store account and are not transferable or resellable.

If we suspend or terminate your Account for a policy violation, you may lose access to Premium features. App stores may still consider your subscription active until you cancel it in the store settings.

Intellectual Property

The Service (including the app, design, software, codebase, user interface, and all māhū-provided content) is owned by Rez Schaefer and is protected by intellectual property laws. The māhū name and logo are owned by us. Other trademarks belong to their respective owners.

Limited license to you: We grant you a personal, limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose, so long as you comply with the Agreement.

• You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service.
• You may not reverse engineer, decompile, or attempt to extract source code, except to the extent permitted by applicable law.
• You may not remove or alter proprietary notices.
• You may not use our name, logo, or branding in a way that suggests endorsement or affiliation without our written permission.

If you provide suggestions or feedback, you agree we may use it without compensation or obligation to you.

Third-Party Services

The Service relies on third-party services and infrastructure, which may change over time. These may include: Keycloak (authentication), Microsoft Azure (hosting/infrastructure), Cloudflare (CDN/security), and Apple and Google (app distribution and billing).

These third parties may have their own terms, privacy policies, and service availability. We are not responsible for third-party outages, interruptions, or changes that affect the Service, and we do not control third-party terms.

App stores: If you download māhū from Apple's App Store or Google Play, the app store provider is not responsible for providing support for māhū, and—subject to applicable law—has limited or no warranty obligations for the app. Apple/Google may also have rights as third-party beneficiaries in certain circumstances.

Disclaimers and Limitation of Liability

The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

No guarantee of matches or outcomes: We do not guarantee that you will get matches, conversations, dates, relationships, or any particular results.

User conduct: We do not control what users do or say, on or off the Service. You are solely responsible for your interactions with other users, including deciding whether to meet in person. Use caution, follow safety best practices, and stop communicating if you feel unsafe.

Safety features are not emergency services: Features like photo verification, block/report, and any safety check-in timer are tools to support user safety, but they are not guarantees and are not a substitute for emergency services. If you are in immediate danger, call 911 (or your local emergency number).

Limitation of liability: To the maximum extent permitted by law, in no event will we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of (or inability to use) the Service, even if we were advised of the possibility of such damages.

Liability cap: To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Service or these Terms will not exceed the greater of: (a) the total amount you paid to us (through Apple or Google) for the Service in the 12 months before the event giving rise to the claim, or (b) $100.

Some jurisdictions do not allow certain limitations: If applicable law does not allow certain warranty disclaimers or liability limitations, those disclaimers/limitations will apply only to the maximum extent permitted by law, and you may have additional rights.

Indemnification

You agree to indemnify, defend, and hold harmless Rez Schaefer and māhū from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:

• your access to or use of the Service;
• your User Content (including any allegation that your content infringes or violates the rights of any third party);
• your violation of the Agreement; or
• your interactions with any other user (on or off the Service).

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights. It requires most disputes to be resolved by binding arbitration and includes a class action waiver.

Informal resolution first: Before starting arbitration or a court proceeding (except for eligible small claims), you agree to contact us with a written notice of the dispute and allow us 30 days to try to resolve it informally. You must email your notice to mahu@rezschaefer.com and include: (a) your name, (b) the email/phone number on your Account, (c) a description of the dispute, and (d) the relief you want.

Binding arbitration: If we cannot resolve the dispute within 30 days, you and we agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding arbitration administered by JAMS, under the applicable JAMS rules, and held in Honolulu, Hawaiʻi (or by video/telephone if permitted by JAMS and the arbitrator). The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Consumer fees and fairness: For disputes that qualify as consumer arbitrations, JAMS requires that a consumer pay no more than $250 to initiate arbitration, with the company bearing the remaining JAMS fees and arbitrator professional fees (subject to JAMS rules and standards).

Small claims exception: Either you or we may bring an individual claim in small claims court in Honolulu, Hawaiʻi if the claim is eligible under small claims rules. The Hawaiʻi State Judiciary indicates a general monetary limit of $5,000 for small claims (with special rules for certain case types).

Class action waiver: You and we agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve the individual dispute.

Time limit: To the extent permitted by law, any claim must be filed within the time allowed by applicable statutes of limitation, or it is permanently barred.

Severability of this section: If a court (or arbitrator, where permitted) decides that any part of this Dispute Resolution section is invalid or unenforceable, the remaining parts will remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration requirement will be null and void (meaning the dispute would proceed in court, not arbitration).

Governing Law

These Terms, and any dispute arising out of or relating to these Terms or the Service (except where preempted by the Federal Arbitration Act for arbitration issues), are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-law principles.

Modifications to Terms

We may update these Terms at any time. If we make changes, we will update the "Last Updated" date and, for material changes, we will provide notice via in-app notice, email, or another reasonable method.

Continued use after the effective date of an update means you accept the updated Terms. If you disagree with an update, you must stop using the Service and delete your Account.

Termination

You can terminate at any time by deleting your Account in-app. Termination ends your right to access or use the Service.

We can terminate or suspend at any time, with or without notice, for any reason or no reason, including for safety, suspected fraud, operational needs, or violations of the Agreement.

Upon termination (by you or by us), the license granted to you to use the Service ends immediately. We may also remove or restrict User Content connected to a terminated Account, consistent with our Privacy Policy and safety obligations.

Survival: Provisions that by their nature should survive termination will survive, including (without limitation) Intellectual Property, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and Severability/Entire Agreement.

Severability and Entire Agreement

Severability: If any provision of the Agreement is found unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements or understandings on the same subject.

No waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment: You may not assign or transfer your rights or obligations under the Agreement without our prior written consent. We may assign the Agreement (for example, in connection with a sale of the Service or its assets) as permitted by law.

Contact

Questions, feedback, and legal notices should be sent to: mahu@rezschaefer.com