Terms of Service

Version 0.1 — Draft

The English-language version of these terms shall take precedence over any translations.

Our Commitments

Before the legal language, here is what we commit to as a platform and as a community:

    Commitment: We place the interests of local artists and businesses first — full legal text to be drafted.

    Commitment: We will be transparent — our platform is community-drafted, versioned, and open to revision by any member — full legal text to be drafted.

    Commitment: We are more than a website — we value in-person communication and collaboration. The Future is Local. — full legal text to be drafted.

The terms below are how we hold ourselves to these commitments.

Plain-Language Summary

Who can use Pana MIA Club: You must be 18 or older and reside in or have documented ties to South Florida communities. One account per person.

Your content is CC-licensed: Everything you publish (articles, posts, photos) must be licensed under Creative Commons (CC BY 4.0 or CC BY-SA 4.0). This license is irrevocable — once you publish, others retain the right to share and adapt your work even if you later remove it.

No AI-generated content: Wholly AI-generated content is prohibited. AI-assisted tools (grammar, translation, code completion) are allowed with disclosure.

Your data, three tiers: Your data is classified as Persistent, Temporary, or Peer Networking. See our Privacy Policy for details.

No surveillance: We do not consent to law enforcement data mining without valid legal process.

Recording consent: Florida requires all-party consent for electronic recordings. Recording sessions or events without consent is prohibited.

Disputes: Florida law, Broward County courts. No mandatory arbitration. No class-action waiver.

Community-drafted: These terms were mutually prepared with the community. You may propose changes by emailing hola@pana.social.

1. Mutual Preparation

These terms have been mutually prepared by Pana MIA Club and its community. They shall not be construed against either party as the drafter. Community members may request revisions or propose alterations to these terms by contacting hola@pana.social. Proposals are reviewed and, where adopted, incorporated into the next versioned release with changelog attribution.

2. Acceptance

By creating an account or using any Pana MIA Club service, you agree to these terms. If you do not agree, you are not permitted to use Pana MIA Club services. Continued use after a versioned update constitutes acceptance of the revised terms.

3. Eligibility

Users must be 18 years of age or older. Pana MIA Club does not knowingly permit use by minors. Accounts discovered to belong to minors will be terminated and data deleted.

Users must reside in or have documented ties to South Florida communities (Miami-Dade, Broward, or Palm Beach County). Eligibility is verified through billing zip code data obtained from our CRM provider. Users who do not meet this requirement are not eligible for platform membership.

4. Account

Account rules: one account per person, screenname rules, termination — full legal text to be drafted.

5. Content Licensing

All user-generated content uploaded to or created on Pana MIA Club must be licensed under one of the following Creative Commons licenses, selected by the user at the time of creation:

  • CC BY 4.0 — Anyone may share and adapt the work, with attribution.
  • CC BY-SA 4.0 — Same as CC BY, plus adaptations must use the same license.

No traditionally copyrighted ("all rights reserved") media may be uploaded. License selection is required at the point of publication. The default is CC BY-SA 4.0. The license is irrevocable per CC legal code.

6. AI-Generated Content Policy

Prohibited: Content that is wholly AI-generated (text, images, audio, video) may not be published on the platform. This includes content from generative AI models presented as if it were human-created.

Permitted with disclosure: AI-assisted tools used as part of a human-directed creative process (e.g., grammar checking, translation assistance, code completion, accessibility descriptions) are permitted provided the user discloses AI assistance at the point of publication.

Rationale: The CC licensing model depends on human authorship. Copyright law in most jurisdictions does not protect purely AI-generated works, which would undermine the CC license grant.

7. Acceptable Use

Acceptable use: prohibited conduct, spam, harassment, illegal content — full legal text to be drafted.

8. Law Enforcement and Data Mining

Pana MIA Club does not consent to law enforcement or government agencies mining, scraping, bulk-collecting, or conducting surveillance of user data on the platform without valid legal process (warrant, subpoena, or court order). Automated bulk access to user data by any party — law enforcement, commercial, or otherwise — is prohibited. Law enforcement requests must be directed to the designated contact and accompanied by valid legal process.

9. Intellectual Property

Intellectual property: user retains ownership; platform license limited to operating the service; CC license governs downstream use — full legal text to be drafted.

10. Data Tiers

All personal and user-generated data is classified into one of three tiers. See our Privacy Policy for full details.

  • Persistent Data — Stored for the lifetime of your account or longer.
  • Temporary Data — Retained only as long as necessary, then automatically purged.
  • Peer Networking Data — Exchanged directly between participants; Pana MIA Club facilitates but does not control after transmission.

11. Limitation of Liability

Limitation of liability: standard disclaimers — full legal text to be drafted.

12. Dispute Resolution

These terms are governed by the laws of the State of Florida. Exclusive venue: state and federal courts located in Broward County, Florida. There is no mandatory arbitration and no class-action waiver.

14. Language

These terms are published in English and may be translated into other languages for convenience. In the event of any conflict or inconsistency between the English-language version and any translation, the English-language version shall prevail.

15. Modifications

Modifications: versioned, with changelog and advance notice — full legal text to be drafted.

16. Termination

Termination: user-initiated deletion, platform-initiated suspension, data retention post-termination — full legal text to be drafted.

Service Modules

Additional terms apply to specific features. Each module is independently versioned.

Module 1: Profiles

Summary

Your profile is publicly listed in the community directory. You choose what information to share. Profile data is fully deletable on request. All profile images must be CC-licensed.

This module covers:

  • Directory listing and public visibility
  • Social gating (eligibility requirements)
  • Profile verification process
  • Linked profiles
  • Membership levels
  • Image upload requirements and CC licensing

Profiles module terms — full legal text to be drafted.

Module 2: Articles

Summary

Articles are published under Creative Commons and may be federated via ActivityPub. After 3 months, articles become part of the community record and can be anonymized but not fully deleted. AI-generated content is prohibited; AI-assisted tools require disclosure.

This module covers:

  • Publishing workflow (draft, review, published)
  • Co-authoring: invitation, acceptance, shared editing
  • Peer review process and reviewer conduct
  • CC license selection (per article)
  • Removal policy
  • ActivityPub federation of articles
  • Reply threading

Articles module terms — full legal text to be drafted.

Module 3: Social

Summary

Social posts are federated via ActivityPub to Mastodon and other servers. Unlike articles, social posts are always fully deletable regardless of age. Federated copies on remote servers may persist after deletion (best-effort Delete activity sent).

This module covers:

  • ActivityPub federation: content may leave Pana MIA Club servers
  • Peer Networking Data: federated content subject to remote server policies
  • Social eligibility gating
  • Follow requests and approval
  • Content warnings and visibility controls
  • Hashtags, mentions, and discoverability
  • Interaction with external Mastodon users
  • CC license on all posts

Social module terms — full legal text to be drafted.

Module 4: Mentoring

Summary

Mentoring sessions use peer-to-peer video/audio (WebRTC). Session data (whiteboard, chat) is temporary and automatically purged. Session notes are persistent and deletable. Florida law requires all-party consent before any recording.

This module covers:

  • Session booking and scheduling
  • Conduct expectations (mentor and mentee)
  • Video/audio: WebRTC peer-to-peer (Peer Networking Data)
  • Whiteboard: collaborative Temporary Data (purged after session)
  • Chat: Temporary Data
  • Session notes: Persistent Data
  • No server-side recording unless explicitly enabled with consent
  • All-party consent for recordings (Fla. Stat. § 934.03)
  • Cancellation and no-show policy
  • Free vs paid sessions and rate expectations

Mentoring module terms — full legal text to be drafted.

Module 5: Events

Summary

Event records become part of the community record after completion. Event photos are CC-licensed and archived 3 months post-event. Recording at events requires all-party consent per Florida law. RSVP data is fully deletable.

This module covers:

  • Event creation and organizer responsibilities
  • Venue submission and approval
  • RSVP and attendee data visibility
  • Photo uploads and approval workflow (CC-licensed)
  • Livestreaming: Cloudflare Stream, SRT keys as Temporary Data
  • All-party consent for recordings (Fla. Stat. § 934.03)
  • Age restrictions and photo policies
  • Cancellation policy
  • Organizer and volunteer roles

Events module terms — full legal text to be drafted.

Module 6: Uploads

Summary

All uploaded media must be Creative Commons licensed (CC BY or CC BY-SA). No "all rights reserved" content. Uploads are stored on Cloudflare R2 and follow the retention class of their parent content. DMCA takedown process available.

This module covers:

  • Supported formats (JPEG, PNG, WebP, GIF)
  • CC license required on all uploads
  • Cloudflare R2 storage
  • Content moderation and removal
  • DMCA takedown process
  • NCMEC/CyberTipline reporting obligation
  • Prohibited content (CSAM, copyright infringement, etc.)

Uploads module terms — full legal text to be drafted.

Module 7: Payments

Summary

Donations and memberships are processed through Stripe. Merchandise is sold through our GoHighLevel shop. Stripe retains transaction records for 7+ years per tax and legal requirements, even after account deletion.

This module covers:

  • Stripe for donations and memberships
  • GoHighLevel shop for merchandise sales
  • Donation tiers and membership levels
  • Recurring subscription management
  • Refund policy
  • Tax receipts and record retention (7 years)

Payments module terms — full legal text to be drafted.

Module 8: Community

Summary

Community conduct is enforced through a graduated process: warning, suspension, then termination. Appeals are available at each stage. Repeat copyright infringers are subject to account termination per DMCA policy.

This module covers:

  • Code of conduct
  • Behavioral expectations
  • Enforcement process (warning, suspension, termination)
  • Appeals mechanism
  • Repeat infringer policy (DMCA)
  • Admin moderation powers and transparency

Community module terms — full legal text to be drafted.

Contact

Pana MIA Club, Corp. (d/b/a Pana MIA)
Email: hola@pana.social