Terms of Service

Notice to users

READ CAREFULLY. These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User") and The Gay Massage ("Company," "we," or "us"). If you do not agree to these Terms, you are hereby notified that your use of The Gay Massage is unauthorized.

1. The nature of the service: no agency relationship

The Site is a neutral directory only.

• No Agency: Company acts solely as a digital conduit for information. We do not employ, contract, or supervise any providers listed on the Site. There is no agency relationship between Company and any Provider.
• No Booking/Payment: The Site is not a marketplace. No transactions occur on this platform. All scheduling, service delivery, and financial transactions occur strictly off-platform between the Client and the Provider.
• Independent Contractors: Every provider listed is an independent entity responsible for their own taxes, licenses, and professional conduct.

2. Mandatory age requirement (18+)

The Site is intended exclusively for adults. By using this Site, you affirm that you are at least 18 years of age. Company reserves the right to implement age-verification protocols. Failure to meet this requirement constitutes a material breach of these Terms and may result in immediate account termination.

3. Limitation of liability (the "shield")

Company provides the Site on an "AS IS" and "AS AVAILABLE" basis.

• Disclaimer of Warranties: We provide no warranties, express or implied, regarding the quality, accuracy, or fitness of any third-party service listed. To the fullest extent permitted by law, Company expressly disclaims all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose.
• No Guarantee of Service: We do not warrant the accuracy, quality, or legality of any provider's services. We do not guarantee that a provider will be available, or that their service will meet your expectations.
• Off-Platform Liability: Company shall not be held liable for any damages, injuries, or disputes arising from contact made via the Site (phone, email, WhatsApp), the actual performance of services during a session, or financial disputes regarding payments made to providers.
• Maximum Liability: To the maximum extent permitted by New York law, in no event shall Company's total aggregate liability for any claim arising out of or relating to the Site exceed the greater of: (i) the amount of fees paid by you to Company in the preceding six months; or (ii) $100.00 USD.

4. User conduct and content policy

Users must adhere to the Content Policy (see separate document). Prohibited conduct includes, but is not limited to:

• Prohibited Services: The use of the Site to facilitate or promote "sexual services" (as defined in our Content Policy) is strictly prohibited.
• Harassment/Misconduct: Any form of harassment, bullying, or defamatory behavior toward other users or providers will result in immediate removal from the platform.
• False Information: Providers are obligated to provide truthful and accurate information regarding their licensure and services.

5. User-generated content (UGC)

By posting reviews, photos, or profiles, you hereby grant Company a non-exclusive, royalty-free, irrevocable, and worldwide license to use, reproduce, and display such content for the purpose of operating and promoting the Site. You represent and warrant that you own all rights to the content you upload.

6. Provider account terms

These additional terms apply to Providers who create an account and list on the Site. By creating an account, the Provider expressly warrants and represents that:

• Licensure: They hold all necessary licenses required by New York State law for the services they offer.
• Therapeutic-only mandate: They shall strictly adhere to the "Therapeutic Only" mandate of our Content Policy.
• Accurate status: They will accurately represent whether they are a Licensed Massage Therapist (LMT) or an unlicensed Bodywork Practitioner, and will not describe unlicensed services as "massage" or "massage therapy."

7. Termination of access

Company reserves the right, in its sole discretion, to suspend or terminate any user's access to the Site for any reason, including but not limited to:

• Violation of these Terms.
• Failure to maintain a valid professional license (for Providers).
• Inappropriate conduct or "unprofessional" use of the platform.

8. Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, directors, and employees from and against any and all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of:

• Your breach of these Terms.
• Your violation of any third-party rights.
• Any claim that your content (reviews/photos) caused injury to a third party.

9. Dispute resolution and governing law

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
• Mandatory Arbitration: Any dispute arising from these Terms shall be resolved through binding arbitration in New York, NY, rather than in a court of law.
• Class Action Waiver: You agree that any legal proceedings shall be conducted in individual capacity only, and not in a class, joined, or representative action.

10. Miscellaneous provisions

• Severability: If any provision of these Terms is found to be unenforceable or invalid by a court, the remaining provisions shall remain in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy and Content Policy, constitute the entire agreement between you and Company regarding the subject matter herein.
• No Waiver: The failure of Company to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
• Assignment: You may not assign your obligations under these Terms without prior written consent from Company.
• Amendments: We reserve the right to modify these Terms at any time. Your continued use of the Site following any changes constitutes acceptance of the new Terms.