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XPERTIVO, LLC - TERMS OF USE

Last Updated: March 4, 2025

1. INTRODUCTION

Welcome to Xpertivo, a platform that connects users with experts for video consultations ("Service"). These Terms of Use ("Terms") constitute a legally binding agreement between you and Xpertivo, LLC ("Xpertivo," "we," "us," or "our") governing your access to and use of the Service.

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

2. ELIGIBILITY

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you are at least 16 years of age and have the legal capacity to enter into these Terms.

3. ACCOUNT REGISTRATION

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. USER CONDUCT

You agree not to:

5. EXPERT SERVICES

5.1 Independent Contractors

All experts providing services through the Xpertivo platform are independent contractors and not employees of Xpertivo. Xpertivo is not responsible for the quality, safety, legality, or any other aspect of the advice or services provided by experts.

5.2 Booking and Cancellations

You may cancel a scheduled consultation without penalty up to 24 hours before the scheduled time. Cancellations made less than 24 hours before the scheduled time may be subject to charges as specified at the time of booking.

5.3 Satisfaction

If you are unsatisfied with a consultation, please contact support@xpertivo.com. While we do not guarantee refunds, we will make reasonable efforts to address your concerns.

6. FEES AND PAYMENT

6.1 Fees

The fees for using the Service are set forth on the Xpertivo website and may be updated from time to time. All fees are in US Dollars unless otherwise stated.

6.2 Payment Processing

Payments are processed through Stripe. By making a payment, you agree to Stripe's terms of service and privacy policy. Xpertivo does not store complete credit card information.

6.3 Taxes

You are responsible for paying all taxes associated with your use of the Service. If Xpertivo is required to collect or pay taxes on your behalf, these amounts may be added to the fees you pay.

7. INTELLECTUAL PROPERTY

7.1 Xpertivo Content

The Service and its original content, features, and functionality are owned by Xpertivo and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.

7.2 User Content

You retain all rights in any content you submit, post, or display on or through the Service. By submitting, posting, or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting the Service.

8. PRIVACY

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you. The Privacy Policy is incorporated by reference into these Terms.

9. TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XPERTIVO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

XPERTIVO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL XPERTIVO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XPERTIVO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT XPERTIVO SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. EXTERNAL LINKS

The Service may contain links to third-party websites or services that are not owned or controlled by Xpertivo. Xpertivo has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Xpertivo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Xpertivo, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

16. MISCELLANEOUS

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. These Terms constitute the entire agreement between you and Xpertivo concerning the Service and supersede all prior or contemporaneous communications, understandings, and agreements, whether electronic, oral, or written, between you and Xpertivo.

14. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Service. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

15. GOVERNING LAW AND DISPUTE RESOLUTION

BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

15.1 Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.

15.2 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Delaware, unless you and Xpertivo agree otherwise. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules.

15.3 Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Xpertivo each waive any right to a jury trial.