ZTOKEDZTOKED

Legal

Terms of Service

Last updated: 2026-05-01

Plain-English starter terms. We're reviewing this with a Hawaii-licensed attorney before launch · final language will replace this draft.

1. Who we are

ZTOKED is a marketplace for boardsports gear, services, and community on Maui. We connect people who have boards, skills, or local knowledge with people who want to surf. We are not a rental shop, a retail seller, a guide, or a coach. The other party · the "Lister" · owns whatever is being offered. You · the "Booker" · deal with that Lister directly.

2. Your account

You must be 16 or older to create an account. Provide accurate information. Don't share your password. You are responsible for everything that happens under your account.

3. How the marketplace works

ZTOKED is messaging-based at launch. Sending an inquiry creates a conversation between you and the Lister. Coordination · payment, pickup, drop-off, return · happens between the two of you, off the platform. ZTOKED does not currently process payments, hold deposits, verify identities beyond email, or guarantee that any transaction will complete. Future versions of ZTOKED may add payments and other services, governed by updated terms.

4. Bookers · surf at your own risk

Boardsports involve real risk: drowning, collisions, sharp gear, sharp reefs, sun, wind, marine life, and conditions that change faster than forecasts. By using gear, services, or local knowledge you find through ZTOKED, you accept those risks for yourself.

ZTOKED does not inspect gear, certify Listers, vet credentials, or verify insurance. Listings, profiles, conditions data, and spot information are provided by users and external sources and are not warranties. You are responsible for assessing whether any gear is safe for your use, whether any Lister is qualified to teach or guide you, and whether the conditions on a given day match your ability.

5. Listers · what you confirm when you list

By creating a listing or service profile, you confirm that:

  • You have the right to list whatever you're offering.
  • The description, photos, condition, and pricing are accurate.
  • Gear you list is in safe, working order for the use you're offering it for.
  • If you offer guided sessions, instruction, or any service that puts a Booker in or near the water, you carry whatever insurance, permits, and certifications your activity requires under Hawaii and federal law · or you have clearly disclosed on your profile that you do not.
  • You are responsible for your own tax obligations on any income earned through ZTOKED.
  • Photos, video, and other content you upload are yours to share, or you have permission from the rights-holder.

6. Acceptable use

Don't:

  • Post listings or profiles you don't have the right to post.
  • Misrepresent gear condition, your skills, or your credentials.
  • Use ZTOKED to harass, defraud, or endanger other users.
  • Try to circumvent ZTOKED to avoid platform protections we may add later (e.g., contact reveal gating).
  • Scrape, reverse-engineer, or interfere with the platform.

We can suspend or terminate accounts that violate these rules. We may also remove listings and content at our discretion.

7. Content and license

You keep ownership of content you upload (photos, profile copy, messages). You give ZTOKED a non-exclusive, royalty-free license to display, distribute, and promote that content within the platform and in ZTOKED marketing materials related to your listing or profile. You can delete your content at any time, which ends the license going forward.

8. No warranties

ZTOKED is provided as-is. We don't warrant that the platform will be uninterrupted or error-free, that listings are accurate, that Listers are qualified, that gear is safe, or that any transaction will complete. Any use of gear, services, or information from ZTOKED is at your own risk.

9. Limitation of liability

To the maximum extent permitted by law, ZTOKED is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the platform · including personal injury, property damage, lost or broken gear, no-shows, cancellations, or disputes between users. Our aggregate liability for any claim is limited to USD $100.

10. You agree to defend us

You agree to indemnify and hold ZTOKED, its founders, employees, and contractors harmless from any claim, loss, or expense (including reasonable attorney's fees) arising out of: your use of the platform, any listing or profile you create, any transaction you enter into through ZTOKED, your violation of these terms, or your violation of any law or any third party's rights.

11. Disputes between users

If a Booker and a Lister disagree about a transaction · gear came back broken, a session didn't happen, payment fell through · that's between the two of you. ZTOKED is not a party. We may, but are not required to, help mediate or remove a user from the platform.

12. Governing law

These terms are governed by the laws of the State of Hawaii, without regard to conflict-of-laws principles. Any dispute between you and ZTOKED will be resolved exclusively in the state or federal courts of Maui County, Hawaii.

13. Changes

We may update these terms. The version date at the top of this page is authoritative. For material changes we'll notify you in the app and may require you to re-accept before continuing to use ZTOKED. Continued use after a non-material update means you accept the new terms.

14. Contact

Questions, concerns, or legal notices: hello@ztoked.com.