1. INTRODUCTION

Welcome to Gayby. These Terms of Use (“Terms”) outline the rules and conditions governing your access to and use of the Gayby mobile app, website, and related services (collectively, the “Service”). By using or accessing the Service, you agree to be legally bound by these Terms as well as our Privacy Policy.

If you do not agree with any part of these Terms or our Privacy Policy, you may not use the Service.

2. DATA COLLECTION & THIRD-PARTY SERVICES NOTICE

IMPORTANT: PLEASE REVIEW CAREFULLY

Gayby works with external service providers, including but not limited to Clevertap, to collect and process user data. By using Gayby, you consent to:

• The collection of personal and device-related data, including:
  • Contact details (name, email, phone number)
  • Device and browser identifiers
  • User-generated content
  • Profile data (such as reproductive goals, relationship status, or fertility info)
  • App activity and behavioral data
• The use of your data for purposes such as:
  • Operating and enhancing the Service
  • Matching and communication facilitation
  • Performance analysis
  • Targeted marketing
  • User safety and moderation

Data may be collected through APIs, SDKs, and embedded technologies. If you do not consent to these practices, please discontinue use of the Service.

3. CALIFORNIA PRIVACY NOTICE

If you reside in California, you have rights under CIPA and CMIA regarding your personal and medical data.

Gayby may collect information related to reproductive or family planning matters, which may qualify as “medical information” under California law. By using the Service, you agree to:

• Our collection and processing of such data
• Its use to facilitate matches and recommendations based on compatibility
• Disclosure to trusted service providers where necessary

You have the right to:

• Access your collected data
• Request deletion of your information
• Opt out of specific data uses

To exercise your rights, please email: hello@gayby.com.

4. ACCOUNT REGISTRATION

To use key features of the Service, you must register for a Gayby account. By registering, you confirm that you:

• Are 18 years of age or older
• Will provide truthful, current, and complete information
• Will keep your login credentials secure
• Accept full responsibility for all activity conducted under your account
• Will notify us promptly if your account is compromised

5. COMMUNITY GUIDELINES

We’re committed to creating a respectful and inclusive environment. Users are expected to abide by the following behavioral standards:

Family Planning Respect
Do not shame, question, or harass others about their reproductive choices or paths.

No Coercion
All interactions must be consensual and respectful. Manipulative or forceful conduct will result in account removal.

No “App Hopping”
Using multiple profiles or similar apps to misrepresent your identity or intentions is not allowed.

VPN Prohibition
VPNs or any location-masking tools are not permitted. We rely on accurate data to keep our community safe and legally compliant.

Platform-Exclusive Messaging
Initial conversations should remain within the Gayby app. We cannot monitor or intervene in off-platform communication.

Zero Tolerance for Discrimination
Hateful or discriminatory behavior based on identity or personal attributes is strictly banned.

Appropriate Content Only
Nudity and sexually explicit images are not allowed in any form.

No Catfishing
You must represent yourself truthfully. Impersonation or fake profiles are not tolerated.

Background Screening
We reserve the right to restrict access to users with certain criminal histories, particularly those involving violence, abuse, or fraud.

Respectful Communication
Sexual, aggressive, or inappropriate language is prohibited. Gayby is for family-building—not casual or sexual encounters.

Disrespect Around Fertility Topics
Do not make unsolicited comments on others' reproductive health or age-related fertility.

No Hostility
Expressing frustration is okay—threats, hostility, or harassment are not.

6. USER CONTENT

You are responsible for anything you share through Gayby. By submitting content, you grant Gayby a non-exclusive, worldwide license to use, display, and reproduce that content for the operation and improvement of the Service.

You agree not to:

• Post illegal, threatening, or offensive content
• Impersonate others
• Interfere with system operations or user experiences
• Harvest other users’ information
• Use Gayby for commercial purposes without permission

7. INFORMATION WE COLLECT

We may collect:

• Account Details: Name, email, birthdate, phone number
• Profile Info: Photos, reproductive goals, relationship status
• Health Info: Fertility status, medical history (if voluntarily shared)
• Usage Data: Screens visited, session duration, interactions
• Device Data: OS version, IP, device identifiers
• User Communications: In-app messages, support inquiries

8. DATA USE & SHARING

We use your data to:

• Operate and customize the Service
• Suggest matches
• Communicate with you
• Analyze performance
• Conduct marketing and outreach
• Prevent misuse or fraud

We partner with third-party services such as:

• Clevertop (analytics and behavior tracking)
• Cloud platforms (data storage)
• Marketing vendors (for outreach campaigns)

We only share data required for specific functions. See our Privacy Policy for a full list.

9. USER CONTROLS

You can manage your data by:

• Adjusting your visibility and preferences in the app
• Choosing communication limits
• Opting out of marketing
• Requesting access or deletion of your data

Email us at hello@gayby.com to exercise your rights.

10. CONSENT TO DATA USE

By using Gayby, you agree to:

• The collection of reproductive health and personal data
• Data use for connection-matching and service operation
• Analytics conducted by third-party tools
• Marketing and product improvement efforts

To withdraw consent, contact: hello@gayby.com. Note: withdrawing may limit functionality.

11. ACCOUNT TERMINATION

We may suspend or terminate your access at any time, especially in cases of policy violations or misuse of the Service.

12. DISCLAIMERS

Gayby is provided on an “AS IS” and “AS AVAILABLE” basis. We do not guarantee:

• Continuous or error-free performance
• The accuracy of information or matches
• Protection from malicious software or unauthorized access

13. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Gayby LLC is not liable for any indirect or consequential damages, including but not limited to data loss, personal or emotional harm, or connection outcomes.

14. INDEMNIFICATION

You agree to hold harmless Gayby LLC, its employees, officers, and affiliates against any claims, liabilities, or expenses arising from your use of the Service or breach of these Terms.

15. GOVERNING LAW

These Terms are governed by the laws of the State of Delaware. All disputes shall be adjudicated in courts located within Delaware.

16. ARBITRATION

Disputes not involving intellectual property or unpaid fees will be settled via binding arbitration under the rules of the American Arbitration Association, on an individual basis. Class actions are not permitted.

If a court proceeding occurs, both parties waive the right to a jury trial.

17. MODIFICATIONS

We reserve the right to revise these Terms at any time. Updated Terms will be posted in the app or on our website. Continued use of the Service after changes implies acceptance.

18. CONTACT US

If you have any questions or concerns about these Terms, please contact:

Gayby LLC
1027 N Genesee Ave #6
West Hollywood, CA 90046
Email: hello@gayby.com

19. ACKNOWLEDGMENT

By using Gayby, you confirm that you’ve read and understood these Terms and agree to be bound by them. If you do not agree, you must stop using the Service immediately.

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