Terms of Use.

These Terms of Use ("Terms") form a binding agreement between you and Gaydar Inc., a Delaware corporation with its principal place of business at 421 8th Avenue, #9227, New York, NY 10116, United States ("Gaydar," "we," "us," or "our"), governing your use of the Gaydar mobile application and any related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

You may use Gaydar only if all of the following are true:

• You are at least 18 years of age.
• You have the legal capacity to enter into a binding contract in your jurisdiction.
• You are not barred from using the Service under the laws of the United States or any other applicable jurisdiction (including OFAC sanctions lists).
• You have not previously been banned or removed from Gaydar.
• You are not a registered sex offender of any kind.

We may require identity or age verification at any time and may suspend or terminate your account if you fail or refuse to complete it.

• Phone-number login. Accounts are created using your mobile phone number, verified via SMS one-time code. You are responsible for maintaining access to that number.
• Account security. You are responsible for all activity on your account. Notify us immediately attrust@gaydarapp.com if you suspect unauthorized access.
• One account per person. You may not create multiple accounts, sell your account, or allow others to use your account.
• Accurate information. Your profile information must be truthful and must represent you. Impersonation, catfishing, and fake profiles are prohibited.

Gaydar offers a paid subscription tier (Gaydar Pro) and consumable or non-consumable in-app purchases, available through the Apple App Store, Google Play Store, and our web-based platform.

• Payment authorization. For purchases through the Apple App Store or Google Play Store, payment is charged to your Apple ID or Google account at confirmation of purchase. For web-based purchases, payment is processed through our third-party payment processor.
• Auto-renewal. Subscriptions automatically renew at the then-current price for the same term unless canceled at least 24 hours before the end of the current period.
• Managing your subscription.
  • For Apple App Store purchases: Manage or cancel in iOS Settings → [your name] → Subscriptions.
  • For Google Play Store purchases: Manage or cancel in the Google Play Store app or at play.google.com.
  • For web-based purchases: Manage or cancel through your account settings on our website.
  • Deleting the Gaydar app does not cancel your subscription.
• Free trials. If a free trial is offered, it converts to a paid subscription at the end of the trial unless canceled at least 24 hours before the trial ends. Each user is generally entitled to only one free trial.
• Price changes. We may change subscription prices. Material changes will be communicated in advance and will not apply to your current billing period.
• No refunds from Gaydar. Except where required by law, payments are non-refundable. Refund requests for App Store or Play Store purchases must be directed to Apple or Google under their respective refund policies. Refund requests for web-based purchases are handled in accordance with our refund policy.
• Payment data. For App Store and Play Store purchases, we do not receive or store your credit-card, debit-card, or bank-account information. Apple or Google is the merchant of record. For web-based purchases, payment information is processed securely by our third-party payment processor; we do not store your full payment card details.

California residents (automatic-renewal disclosure): By subscribing, you authorize Gaydar (via Apple, Google, or our payment processor) to charge your payment method automatically at each renewal until you cancel as described above.

You agree NOT to use the Service to:

1. Upload, send, or request sexual content involving minors or any content depicting a person who is or appears to be under 18. Such content is reported to NCMEC and law enforcement.
2. Upload or share non-consensual intimate imagery(so-called "revenge porn") or images of any person without their consent.
3. Engage in harassment, threats, hate speech, or violence against any person or group, including based on sexual orientation, gender identity, race, ethnicity, religion, disability, or HIV status.
4. Engage in commercial solicitation, escort work, sex work, drug sales, weapon sales, or any illegal transaction.
5. Impersonate another person, create fake profiles, catfish, or misrepresent your identity, age, or affiliation.
6. Disclose another user's private information(including real name, location, phone number, workplace, sexual orientation, gender identity, or HIV status) without their consent ("doxing" / outing).
7. Use bots, scrapers, automation tools, or reverse-engineering to access, copy, or extract data from the Service, or to artificially inflate metrics.
8. Attempt to circumvent rate limits, moderation systems, age gates, geographic restrictions, or any security mechanism.
9. Interfere with or disrupt the Service or any server, network, or infrastructure used to provide it.
10. Upload malware, exploits, or code designed to damage or gain unauthorized access.
11. Use the Service to facilitate human trafficking, exploitation, or solicitation of minors.
12. Send unsolicited commercial communications (spam) to other users.
13. Use the Service where prohibited by local law (including, where applicable, laws concerning same-sex relationships - we disclaim responsibility for your compliance with such laws).
14. Misuse the Travel / Explore feature to deceive other users for fraudulent, criminal, or harassing purposes. Travel mode lets you view and be viewed in a location other than your real GPS; it must not be used to impersonate a resident of a locality, evade a ban, or defraud.
15. Share another user's location pin or location-in-chat message outside of Gaydar without their consent.

Violations may result in content removal, warnings, temporary suspension, permanent ban, forfeiture of paid subscription time, and reporting to law enforcement.

"User Content" means any content you upload, post, or transmit through Gaydar - photos, videos, voice notes, bio text, messages, reactions, reports, appeals, and profile attributes.

• You retain ownership of your User Content.
• License to Gaydar. You grant Gaydar a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for format/resizing purposes), create derivative works of (e.g., thumbnails, blurhash previews, transcriptions of voice notes), publicly display, and distribute your User Content solely for the purpose of operating, securing, improving, and promoting the Service. This license ends when you delete the content or your account, except as described in Section 8 (Termination) and for residual backup copies as described in our Privacy Policy.
• No model training. We do not license your User Content to third parties to train generative AI models, and we do not use it to train such models ourselves.
• Responsibility. You represent that you have all necessary rights to the User Content you upload and that it does not violate law or these Terms.

The Service, including all software, graphics, logos, trademarks, text, and look-and-feel, is owned by Gaydar or its licensors and protected by intellectual property laws. Subject to these Terms, Gaydar grants you a limited, non-exclusive, non-transferable, revocable license to install and use the app on a compatible device you own or control, solely for personal, non-commercial use.

You may not (and may not permit anyone else to): copy, modify, distribute, sell, lease, reverse-engineer, decompile, or create derivative works of the Service, except as permitted by law.

• By you.You may delete your account at any time (Settings → Account → Delete Account). Deletion initiates the process described in the Privacy Policy.
• By us. We may suspend or terminate your account, with or without notice, if you violate these Terms, if required by law, or to protect the Service, our users, or third parties. We may also discontinue the Service or any features at any time.
• Effect. On termination, your license to use the Service ends and we may delete your User Content, subject to retention for legal, safety, fraud-prevention, or dispute-resolution purposes. Sections that by their nature should survive (including Sections 6, 7, 9-18) survive termination.

Gaydar is a platform. It does not conduct criminal background checks on its users. You interact with other users at your own risk.

• Do not send money, gifts, or cryptocurrency to people you have not met in person.
• Be wary of anyone who pressures you, asks for intimate images, claims to be in an emergency, or refuses video calls.
• Meet in public places and tell a friend where you are going.
• Use your own judgment regarding disclosure of sensitive information (including HIV status, gender identity, or precise location).

If you experience harm, report it in-app and contact local authorities where appropriate. You may also contact trust@gaydarapp.com.

Gaydar lets you optionally display HIV status, last-tested date, and PrEP use. Such disclosures are for informational, non-medical purposes only and do not constitute medical advice. Consult a licensed healthcare provider for medical questions. Gaydar is not a HIPAA-covered entity.

Gaydar is an ad-supported service on the Free tier. We may display banner, interstitial, native, and rewarded-video ads through third-party advertising partners. On iOS, advertising tracking requires your affirmative consent via the Apple App Tracking Transparency prompt. You can opt out of cross-context behavioral advertising at any time in Settings → Privacy → "Do Not Sell or Share My Personal Information." We do not share your sensitive personal information (sexual orientation, gender identity, HIV status, or message content) with advertisers. See our Privacy Policy for details.

The Service relies on third-party providers listed in our Privacy Policy (including cloud infrastructure, authentication, payment processing, and analytics services). Their services are governed by their own terms. We are not responsible for third-party services, and your use of them may be subject to additional terms and fees.

The Service is provided "as is" and "as available," with all faults and without warranty of any kind. To the fullest extent permitted by law, Gaydar and its affiliates, licensors, and service providers disclaim all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that: (a) the Service will be uninterrupted, secure, or error-free; (b) any particular content will be available; (c) matches or interactions will meet your expectations; or (d) the conduct of other users will conform to these Terms or the law.

Some jurisdictions do not allow certain warranty exclusions; the above exclusions apply to the fullest extent permitted.

To the fullest extent permitted by law, in no event will Gaydar, its affiliates, or their respective officers, directors, employees, agents, licensors, or service providers be liable for:

• Any indirect, incidental, consequential, special, punitive, or exemplary damages;
• Lost profits, lost revenue, loss of goodwill, loss of data, or loss of use;
• Damages arising out of or in connection with the conduct of other users, including offline interactions.

Our total aggregate liability for all claims arising out of or related to the Service will not exceed the greater of (a) the amounts you paid to Gaydar in the twelve (12) months immediately preceding the event giving rise to liability, or (b) USD $100.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; these limitations apply to the fullest extent permitted.

You agree to indemnify, defend, and hold harmless Gaydar and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law; or (d) your infringement of any right of another person or entity.

The following terms apply only if you access the Service through the Apple App Store. These terms supplement the Apple App Store's standard "Licensed Application End User License Agreement" ("Apple EULA"):

1. These Terms are between you and Gaydar, not Apple. Apple is not responsible for the app or its content.
2. The license granted in Section 7 is limited to use on Apple-branded devices you own or control and is subject to the Apple EULA.
3. Apple has no obligation to provide maintenance or support for the app.
4. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation.
5. Gaydar, not Apple, is responsible for addressing any claims by you or a third party relating to the app, including product-liability claims, consumer-protection claims, and intellectual-property claims.
6. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist-supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
7. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

We may modify the Service, add or remove features, or change these Terms at any time. If changes are material, we will notify you (in-app, by push, or by email) and update the "Last Updated" date. Continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree, stop using the Service and delete your account.

Please read carefully. This section affects your legal rights.

• Entire Agreement. These Terms, together with the Privacy Policy and any supplemental policies we post, constitute the entire agreement between you and Gaydar.
• Severability. If any provision is held unenforceable, the remaining provisions will continue in effect.
• No Waiver. Our failure to enforce any provision is not a waiver.
• Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Notices to you may be given via in-app notice, push, or email.
• Notices to us must be sent to legal@gaydarapp.com and Gaydar Inc., Attn: Legal, 421 8th Avenue, #9227, New York, NY 10116, United States.
• Export control. You agree to comply with all applicable U.S. and foreign export-control laws.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Headings are for convenience only.

Mailing Address: