Effective Date: May 22, 2024
Welcome to XPayr! These Terms of Service ("Terms") govern your access to and use of the XPayr website, services, and applications (collectively, the "Service"). Please read these Terms carefully before using our Service.
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, do not access or use the Service.
1. Definitions
"Service" refers to the e-commerce marketplace platform provided by XPayr, allowing users to buy and sell physical and digital goods.
"User," "You," "Your" refers to any individual or entity using the Service, including buyers ("Customers") and sellers ("Vendors").
"Content" means any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Service.
"Cryptocurrency," "Digital Asset" refers to any blockchain-based digital currency, such as Bitcoin (BTC), Ethereum (ETH), or stablecoins (e.g., USDC, USDT), supported by the Service for payments.
"Wallet" refers to a non-custodial third-party cryptocurrency wallet (e.g., MetaMask, Trust Wallet) that you control and connect to our Service to conduct transactions.
2. User Accounts
To use certain features of our Service, you may be required to create an account. You agree to:
Provide accurate, current, and complete information during the registration process.
Maintain the security of your password and accept all risks of unauthorized access to your account.
Promptly notify us if you discover or otherwise suspect any security breaches related to the Service or your account.
You are solely responsible for all activities that occur under your account.
3. The XPayr Platform
XPayr provides a venue for Vendors to list products and for Customers to purchase them. XPayr is not a party to the transaction between a Customer and a Vendor. We do not manufacture, store, or inspect any of the items sold through our Services. We provide the platform, but the content, quality, and fulfillment of the products are the direct responsibility of the Vendor.
4. Payments, Fees, and Transactions
XPayr supports payments via traditional methods (e.g., credit card via a third-party processor) and Cryptocurrencies.
Fiat Payments: All fiat currency transactions are processed through a secure third-party payment gateway. You agree to abide by the terms and conditions of that gateway.
Cryptocurrency Payments: By choosing to pay with a Digital Asset, you acknowledge and agree to the following:
Non-Custodial: XPayr is non-custodial. We do not have access to or control over your private keys, your Wallet, or your funds. Your interactions with your Wallet are your sole responsibility.
Irreversibility: Blockchain transactions are irreversible. Once a transaction is broadcast to the network, XPayr has no ability to reverse or refund it. Any refunds must be handled directly between the Customer and the Vendor according to the Vendor's return policy.
Gas Fees: All blockchain transactions require the payment of a transaction fee ("Gas Fee"). You are solely responsible for paying any Gas Fees associated with your transactions on the Service.
Volatility: The value of Digital Assets can be extremely volatile. You accept the risk that the value of any Digital Asset may change significantly between the time of purchase and the time of any potential refund. XPayr is not responsible for any losses due to price volatility.
5. Vendor Obligations
If you use the Service as a Vendor, you agree to:
Accurately describe your products and set clear expectations.
Fulfill all orders promptly and professionally.
Establish and clearly communicate your policies for shipping, returns, and refunds.
Resolve customer disputes in good faith.
6. Prohibited Conduct
You agree not to do any ofthe following:
Use the Service for any illegal or unauthorized purpose, including but not limited to fraud, money laundering, or financing of terrorism.
Post, upload, or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, or otherwise inappropriate.
Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service.
Use any robot, spider, crawler, scraper, or other automated means to access the Service for any purpose without our express written permission.
7. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of XPayr and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of XPayr.
8. Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT WILL XPAYR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING VENDORS; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO XPAYR IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
9. Indemnification
You agree to defend, indemnify, and hold harmless XPayr and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
12. Contact Us
If you have any questions about these Terms, please contact us at: support@xpayr.com
Disclaimer: This document is a template and for informational purposes only. It does not constitute legal advice. You should consult with a qualified legal professional to ensure your Terms of Service are compliant with all applicable laws and tailored to your specific business needs.
