Terms of Service

1. The Service and its beta status

XPMatch helps people find experiences that fit their own standards. Today the Service consists of our website, the Experience Fit Score quiz and results, and signup forms for creators and businesses. The XPMatch app is in development and will be released to invited users in a beta test.

Because the Service is pre-launch, features may change, be added or be removed at any time. Beta invitations are sent at our discretion, and taking the Fit Score does not guarantee an invitation.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live, and able to enter into a binding contract to use the Service. By using the Service you confirm that you meet these requirements and that you are not barred from using it under any applicable law.

3. Accounts and beta access

When accounts become available, you may need one to use parts of the Service. You agree to give us accurate information, to keep your credentials confidential and to tell us promptly if you believe your account has been used without permission. You are responsible for activity that happens under your account.

We may suspend or close accounts that violate these Terms, that are used for abuse or fraud, or that have been inactive for an extended period.

4. The Fit Score, your taste profile and recommendations

The Fit Score, the insights that come with it and any recommendations the Service makes are based on the answers you give and, later, on what you tell us about experiences you have had. They are meant to be useful, not authoritative. They are not professional, medical, financial, legal or safety advice.

Details about experiences, venues and events, such as hours, prices, availability and safety conditions, come from third parties and can change without notice. Always confirm important details directly with the provider before you rely on them.

You agree that we may use your answers and profile as described in our Privacy Policy, including in aggregated or de-identified form to improve how the Service matches people to experiences.

5. Creator Program

Applying to the Creator Program does not guarantee acceptance. If we accept you, a separate creator agreement will describe how earnings, content and partnerships work, and that agreement will control if it conflicts with these Terms.

Creators must follow applicable laws on endorsements and advertising, including disclosing paid or partnered content, and must not misrepresent their audience, their affiliations or the experiences they recommend.

6. Business partner list

Submitting the business form is an inquiry, not a contract. Listings, partnerships and demos are governed by separate partner agreements that we will provide before onboarding. Partnerships are always labeled to users and never change what the Service says about whether an experience fits someone.

You may only submit a business inquiry on behalf of a business you are authorized to represent.

7. Your content

You own the content you submit to the Service, including your free-text answers, applications and, in the app, reviews and lists ("Your Content"). You give XPMatch a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, display and use Your Content to operate, improve and promote the Service. For creator content, the creator agreement may set additional terms.

You are responsible for Your Content. You promise that you have the rights to submit it, that it is accurate to the best of your knowledge and that it does not infringe anyone's rights or break any law.

8. Acceptable use

You agree not to do any of the following while using the Service:

• Use the Service for any unlawful purpose or in a way that violates these Terms.
• Impersonate any person or business, or misrepresent your affiliation with anyone.
• Submit false, misleading or manipulated reviews, ratings, applications or business inquiries.
• Scrape, crawl, copy or extract data from the Service by automated means without our written permission.
• Reverse engineer, decompile or attempt to discover the source code, models or scoring logic of the Service, except where the law expressly allows it.
• Interfere with the Service, probe or test its security, or try to access accounts, systems or data you are not authorized to access.
• Send spam or unsolicited messages to other users, or use the Service to harass, threaten or harm anyone.
• Use the Service to build a competing product, or resell or sublicense access to the Service.

9. Third-party services, bookings and partnerships

XPMatch does not provide the experiences it helps you find. Venues, hosts, event organizers and booking services are independent third parties. Any booking, purchase or reservation you make with them is between you and them, under their terms and policies.

Some links on the Service may be partner links, and XPMatch may earn a commission when you book through them. We label partnerships, and they never affect fit scores. We are not responsible for the acts, omissions, content or services of third parties, and we do not guarantee the quality, safety or legality of any experience.

10. Intellectual property

The Service, including its design, text, graphics, photographs, software, scoring methods and the XPMatch name and logo, belongs to XPMatch or its licensors and is protected by intellectual property laws. We give you a limited, personal, non-transferable, revocable license to use the Service for its intended purpose under these Terms. Nothing in these Terms transfers any ownership to you.

If you send us feedback or suggestions, you agree that we may use them without any obligation to you.

11. Disclaimer of warranties

The Service is provided "as is" and "as available". To the fullest extent permitted by law, XPMatch disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, that results or recommendations will be accurate or suit you, or that any experience will be available or as described.

12. Limitation of liability

To the fullest extent permitted by law, XPMatch and its officers, directors, employees, contractors and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill or opportunity, arising out of or related to the Service or these Terms, however caused and under any theory of liability.

To the fullest extent permitted by law, XPMatch's total liability for all claims relating to the Service or these Terms will not exceed the greater of one hundred U.S. dollars (US$100) or the amount you paid XPMatch in the twelve months before the claim arose. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

13. Indemnification

You agree to defend, indemnify and hold harmless XPMatch and its officers, directors, employees and partners from any claims, damages, losses and expenses, including reasonable legal fees, arising out of Your Content, your use of the Service, your violation of these Terms or your violation of any law or third-party right.

14. Termination

You may stop using the Service at any time and may ask us to delete your information as described in the Privacy Policy. We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if we believe you have violated these Terms, if required by law or if we discontinue the Service.

Sections that by their nature should survive termination, including those on your content, intellectual property, disclaimers, limitation of liability, indemnification and disputes, will survive.

15. Disputes and governing law

If you have a dispute with XPMatch, contact us first through our contact page and describe the issue. We will try to resolve it informally within thirty days before either of us takes formal action.

These Terms and any dispute arising from them or from the Service are governed by the laws of the state in which XPMatch, Inc. is organized and by United States federal law, without regard to conflict-of-law rules. Any claim that is not resolved informally must be brought in the state or federal courts located in that state, and you consent to their jurisdiction.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the updated Terms here with a new effective date and, for material changes, notify you by email or with a notice on the Service. Continuing to use the Service after the changes take effect means you accept them.

17. General

These Terms and the Privacy Policy are the entire agreement between you and XPMatch about the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Notices to you may be sent to the email address you provided.

18. Contact

Questions about these Terms can be sent to us through the contact page on our website.