Terms of Service
These terms are the agreement between you and Makai when you use makaisurf.app and the Makai apps. We keep them short and plain.
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Contents17 sections
Who runs Makai
Makai is run by Anthony Chávez (Mexico), who co-founded it with Gema Domínguez (Portugal). In these terms, “Makai”, “we” and “us” mean Anthony Chávez as the operator of Makai. You can reach us at hola@makaisurf.app.
Accepting these terms
By creating an account or using Makai you accept these terms and the Community guidelines. How we handle personal data is explained in the Privacy Policy.
Who can use Makai
You must be at least 13 years old. If you are under the age of digital consent in your country, you need a parent’s or guardian’s permission, and they accept these terms on your behalf.
Your account
You sign in with a one-time link or code sent to your email, with Google or with Apple. Keep access to that email or account safe: you are responsible for what happens in your Makai account. Your public name does not have to be your legal one, but do not pretend to be someone else.
Your content
The photos, videos, captions, comments, messages, plans and anything else you add to Makai remain yours. To run Makai you give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process (for example, resize, re-encode or remove metadata) and display that content, only to operate Makai and only to the people your visibility settings allow.
The licence ends when you delete the content or your account, except for copies other people already received legitimately (for example, originals a photographer delivered to a surfer) and for what we must keep by law or to handle a report. We do not sell your content or use it for advertising.
Photos of people
Only publish what you have the right to publish. If you are a photographer, you must hold the rights to the photos and videos you upload, and have the consent of the identifiable people in them before you make them public (for example, in your portfolio or as a moment). Take special care with minors. Surfers should request only the photos in which they recognise themselves.
Importing from Instagram
You may import only content from your own Instagram professional account that you have the right to publish. Makai uses Instagram only as described in the Privacy Policy and never publishes anything to Instagram. Your use of Instagram remains subject to Instagram’s own terms.
Community rules
Follow the Community guidelines. In short: share surf and related beach-life content with respect; no nudity, graphic violence, hate or harassment; and respect other people’s privacy, especially that of minors.
What you must not do
- Break the law or other people’s rights, such as copyright, image rights or privacy.
- Harass, threaten or impersonate anyone, or send spam.
- Upload malware, or try to break, overload, scrape or get around Makai’s security or limits.
- Access other people’s accounts or data without permission.
- Use Makai to collect other people’s personal data or to send advertising.
- Resell or commercially exploit Makai itself without our permission.
Payments
Makai is free. There are no payments inside Makai today. If we ever offer paid features, they will come with their own terms and prices, which you will see and accept before paying. Any arrangement you make directly with another person, such as a photographer’s fee, is between the two of you.
Reports, blocking and removal
You can report content and profiles and block people from within Makai, or write to hola@makaisurf.app. We review reports and may remove content or limit features when something breaks these terms, the guidelines or the law. When appropriate we will tell you what we removed and why, and you can write to us if you think we got it wrong.
Suspension, termination and deleting your account
You can stop using Makai at any time and delete your account from Profile → Settings → Delete account. Deletion is immediate and final.
We may suspend or close an account that seriously or repeatedly breaks these terms, puts other people at risk, or when the law requires it. When appropriate we will warn you first. If we ever shut Makai down, we will give reasonable notice so you can save your photos.
Availability
Makai is a young project made by two people. We provide it “as is” and “as available”: we work to keep it running and your content safe, but we cannot promise it will always be available or free of errors, or that a session or a delivery will happen as planned. Keep your own copies of the photos that matter to you. Sea and wind data are for information only; never rely on them for your safety.
Liability
To the extent the law allows, Makai is not liable for indirect or consequential losses, lost profits or lost data, or for what other people do or post. Nothing in these terms limits liability that the law does not allow to be limited, or your mandatory rights as a consumer.
Changes to these terms
We may update these terms. The date at the top always shows the current version. If a change is material, we will tell you inside Makai before it takes effect. If you keep using Makai afterwards, the new terms apply; if you do not agree, you can delete your account.
Governing law
These terms are governed by the laws of Mexico. If you live in another country, you keep the protections that its mandatory laws give you, including, where the law allows, the right to go to your local courts.
Contact
Questions about these terms? Write to hola@makaisurf.app or visit Support.