Terms of Service

Legal Terms

IMPORTANT LEGAL NOTICE: These Terms of Service are a binding legal agreement between you and Xperium. They contain legally significant provisions, including assumption-of-risk terms, releases of claims, warranty disclaimers, limitations of liability, indemnity obligations, payout and refund controls, mandatory dispute-resolution terms, a class-action waiver, and a shortened claim period, in each case to the maximum extent permitted by applicable law.

Important risk notice: Experiences, Events, Meet Ups, travel, outdoor activities, physical activities, public gatherings, food, animals, equipment, terrain, weather, transportation, venues, public locations, and interactions with other people may involve serious risks, including property loss, illness, injury, disability, or death. To the maximum extent permitted by law, you voluntarily assume those risks when you use Xperium, book through Xperium, attend anything discovered through Xperium, host or organize through Xperium, or interact with other users.

Last updated: June 29, 2026

These Terms govern your access to and use of the websites, applications, tools, account areas, booking flows, payment flows, message tools, notifications, content, support features, moderation features, and related services provided by Xperium Adventure Ltd. ("Xperium," "we," "us," or "our"). Our mailing address is Box 905, North Battleford, Saskatchewan, Canada S9A 2Z3, c/o DBF Law Office.

By creating an account, browsing, registering, booking, requesting a booking, hosting, organizing, planning, posting, messaging, reviewing, reporting, marking that you are going to a Meet Up, accepting updated terms, or otherwise accessing or using Xperium, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use Xperium.

1. Definitions

In these Terms:

"Platform" means Xperium's websites, applications, features, content, account tools, booking tools, payment tools, messaging tools, support tools, and related services.
"Member," "user," or "you" means any person or entity that accesses or uses Xperium, whether as a visitor, Guest, Host, organizer, planner, commenter, reviewer, or account holder.
"Host" means a user who creates, publishes, manages, or delivers an Experience or otherwise offers a hosted activity through Xperium.
"Guest" means a user who browses, requests, books, pays for, attends, or participates in an Experience or interacts with a Host.
"Experience" means a Host-created activity that may be listed, discovered, requested, booked, paid for, or attended through Xperium.
"Event" means an informational advertising listing for a public or organized event. Xperium does not sell Event tickets or manage Event entry payments.
"Meet Up" means a free community planning page with lightweight going intent and public coordination discussion.
"Listing" means a public or private page, card, profile, description, image, schedule, price, location, credential, fee, readiness detail, FAQ, itinerary, or other content for an Experience, Event, Meet Up, Host, or related offering.
"User Content" means content submitted, created, uploaded, posted, sent, displayed, or stored by users, including listings, photos, profile content, credentials, reviews, comments, messages, reports, support requests, dispute evidence, and saved replies.
"Xperium Content" means content, designs, software, code, text, media, trademarks, and other materials owned by or licensed to Xperium, excluding User Content.
"Fees" means amounts shown in the Platform, including guest-facing prices, add-ons, platform fees, processing-related amounts, taxes if applicable, refunds, payout amounts, and other charges.

2. Xperium's Role

Xperium is a marketplace and community technology platform that enables users to discover, create, advertise, discuss, and, for supported Experiences, book activities.

Xperium does not own, operate, control, endorse, employ, insure, inspect, certify, verify, supervise, or guarantee Hosts, Guests, organizers, planners, venues, listings, activities, Events, Meet Ups, Experiences, credentials, qualifications, permits, insurance, safety practices, accessibility statements, prices, locations, external links, or third-party services.

When users interact, message, book, attend, host, plan, organize, review, or exchange information, they do so directly with each other. Xperium is not a party to member-to-member arrangements except in its limited capacity as provider of the Platform and facilitator of supported payment, refund, payout, support, safety, and moderation workflows.

Xperium is not a travel agency, insurer, broker, real estate broker, employment agency, tour operator, guide, event operator, venue operator, common carrier, payment guarantor, health provider, emergency service, safety inspector, credentialing body, or legal/tax/insurance adviser.

3. Eligibility And Account Registration

You must be at least 18 years old and able to enter a binding contract to use Xperium. By using Xperium, you represent that you meet those requirements.

You must provide accurate, current, and complete account information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account unless caused by Xperium's own unauthorized access.

You may not create false accounts, impersonate another person, use another person's login, transfer your account without permission, evade a restriction or suspension, or use Xperium if we previously removed or restricted your access unless we expressly approve it.

Some features require email activation, current user terms acceptance, current host terms acceptance, Host setup, Stripe Connect setup, payment method setup, or other readiness steps. Xperium may block access to meaningful account actions until those requirements are satisfied.

If you book, request, attend, host, organize, plan, pay for, or otherwise use Xperium on behalf of another person, entity, minor, dependent, guest, attendee, employee, contractor, assistant, co-organizer, or invitee, you represent that you have authority to do so and that you are responsible for that person's conduct, safety, compliance with these Terms, and obligations arising from the applicable activity. Minors may not create Xperium accounts and may participate in activities only where permitted by the Host or organizer, applicable law, and the activity rules, and only under the responsibility and supervision of a parent, legal guardian, or other legally authorized adult.

3A. Electronic Communications, Notices, And Evidence Of Acceptance

You consent to receive notices, disclosures, agreements, policies, receipts, confirmations, account messages, security messages, booking messages, payment messages, payout messages, support messages, legal notices, and other communications electronically, including through the Platform, email, in-app notifications, account screens, checkout screens, and support tools.

You agree that electronic acceptances, acknowledgments, checkbox selections, button clicks, account actions, checkout actions, payment authorizations, disclosure snapshots, stored timestamps, IP addresses, device/browser records, audit logs, and related system records may be used as evidence of your consent, instructions, authorization, acceptance, notice, and transaction history. You are responsible for keeping your email address current and for reviewing notices sent or displayed electronically.

4. Host Eligibility And Host Account Obligations

Hosts must satisfy the host eligibility requirements shown in the Platform. Launch host eligibility includes being at least 18 years old, providing required contact and Canadian address information, accepting the current host terms, and meeting Host readiness requirements.

Hosts who publish paid Experiences must complete Stripe Connect payout onboarding before accepting paid bookings. Stripe may require additional identity, tax, bank, compliance, risk, or business information. Stripe's decisions or delays may affect Host payout readiness.

Xperium may suspend hosting, block paid publishing, freeze payouts, restrict booking acceptance, remove listings, or require support review when Host information is incomplete, stale, disputed, risky, unlawful, or inconsistent with these Terms.

5. User Content

You are responsible for your User Content. You represent and warrant that you have all rights needed to submit, display, and license your User Content, and that your User Content is truthful, lawful, non-misleading, and does not violate these Terms or third-party rights.

You grant Xperium a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, adapt, translate, publish, distribute, promote, moderate, analyze, and otherwise use your User Content as needed to operate, secure, support, improve, enforce, and promote Xperium. This includes using public listings, public photos, public reviews, public profiles, and public activity information in search results, recommendations, emails, previews, social sharing, advertisements, and other promotional surfaces.

You retain ownership of your User Content, subject to the license above. Public User Content may continue to appear or be preserved after account deletion, listing deletion, or termination where needed for bookings, reservations, payments, refunds, payouts, receipts, tax/accounting, support, moderation, fraud prevention, safety, dispute resolution, audit history, or legal compliance.

Xperium may remove, hide, preserve, restrict, restore, reclassify, or refuse User Content at any time when Xperium believes it is necessary for safety, legal compliance, platform integrity, payment integrity, moderation, support, or enforcement of these Terms.

6. Content Standards And Prohibited Content

You may not submit, post, send, or display User Content that:

is false, misleading, fraudulent, deceptive, or impersonates another person or organization;
is illegal, unsafe, exploitative, obscene, sexually exploitative, harassing, abusive, defamatory, hateful, discriminatory, threatening, or invasive of privacy;
promotes violence, self-harm, illegal activity, fraud, illegal drugs, illegal weapons activity, or unsafe conduct;
infringes intellectual property, publicity, privacy, contractual, confidentiality, or other rights;
contains malware, spam, scraping tools, phishing content, credential-harvesting content, or unauthorized advertising;
collects or exposes personal information without permission or a lawful basis;
misstates safety, accessibility, age guidance, physical intensity, health requirements, allergens, credentials, permits, insurance, pricing, availability, location, weather plans, refunds, or Host qualifications;
tries to bypass Xperium booking, payment, support, moderation, fee, or safety workflows; or
otherwise creates legal, safety, payment, or reputational risk for Xperium, users, the public, or third parties.

7. Host Responsibilities

Hosts are solely responsible for their Experiences, listings, guest communications, availability, pricing, add-ons, cancellation settings, refund decisions where allowed, payout setup, safety rules, accessibility statements, guest requirements, credentials, permits, licenses, insurance, waivers, taxes, equipment, route choices, venues, transportation, animals, food or alcohol service, weather decisions, emergency planning, and legal compliance.

Hosts must make accurate and complete disclosures before a Guest books or attends. This includes material risks, physical requirements, age guidance, accessibility limitations, terrain, weather exposure, allergens, food or alcohol, animals, equipment, personal protective gear, transport expectations, meeting instructions, late arrival rules, cancellation thresholds, backup plans, and any other information a reasonable Guest would consider material before deciding whether to participate.

Hosts must not offer, publish, or deliver an Experience unless they can do so lawfully and safely. Hosts are responsible for obtaining all permits, licenses, inspections, approvals, insurance, waivers, consents, tax registrations, venue permissions, land-use permissions, transportation permissions, food/alcohol permissions, animal-related permissions, and other authorizations required for their activity.

Hosts are solely responsible for determining whether their activities require participant waivers, releases, assumption-of-risk forms, parental/guardian consents, medical disclosures, insurance coverage, safety briefings, or other legal documents. Xperium may provide tools for acknowledgments or disclosure snapshots, but Xperium does not draft, approve, validate, enforce, or guarantee Host waivers, insurance, permits, safety plans, or legal compliance.

Hosts must not describe Xperium as their employer, partner, insurer, certifier, inspector, guide, operator, supervisor, safety reviewer, credentialing authority, or guarantor. Hosts act independently and are responsible for their own acts, omissions, employees, contractors, assistants, co-organizers, equipment, venues, and guests they bring into an activity.

Hosts must honor confirmed commitments unless cancellation is permitted by the Platform or required for safety, law, weather, emergency, or other valid reasons. Hosts who cancel, fail to show, fail to deliver, misstate an Experience, or create safety issues may be subject to refunds, payout prevention, payout freezes, account restrictions, review by support, or removal from Xperium.

8. Host Credentials, Attestations, And Listing Readiness

Host credentials, years of experience, licenses, certifications, insurance statements, portfolio links, awards, training, and similar information are self-attested by Hosts. Xperium does not verify, approve, audit, investigate, or guarantee Host credentials unless expressly stated in writing by Xperium for a specific feature.

Before publishing or updating certain Experiences, Hosts may be required to confirm a host responsibility attestation. By doing so, the Host confirms that the listing is accurate, the Host can safely deliver the Experience, the required permits/licenses/insurance are in place, risks and requirements are disclosed, and Guests will be kept informed.

Publish-readiness checks are product controls, not legal or safety approvals. Passing a readiness check does not mean Xperium inspected, verified, certified, endorsed, or guaranteed the Host, listing, venue, route, credential, safety plan, accessibility statement, or legal compliance.

9. Guest Responsibilities

Guests are responsible for deciding whether an Experience, Event, Meet Up, Host, organizer, planner, venue, location, route, weather condition, equipment requirement, physical demand, age guidance, accessibility statement, food/allergen condition, or other detail is suitable for them.

Before booking or attending, Guests must read the listing, checkout disclosure, cancellation policy, host instructions, safety requirements, itinerary, meeting details, included/excluded items, add-on details, public location details, and any stored disclosure or acknowledgment text.

Guests are responsible for their own health, fitness, judgment, insurance, transportation, property, medications, allergies, emergency contacts, minors or dependents they bring where permitted, and compliance with Host or organizer instructions. You must not participate if you are not comfortable with the applicable risks or cannot satisfy the stated requirements.

Guests must act respectfully and safely. Xperium may restrict, suspend, or remove Guests who harass others, damage property, disregard safety instructions, misuse refunds or chargebacks, repeatedly no-show, make fraudulent claims, create unsafe conditions, or otherwise violate these Terms.

10. Assumption Of Risk And Release

To the maximum extent permitted by law, you knowingly, voluntarily, and expressly assume all risks, whether known or unknown, foreseeable or unforeseeable, related to accessing or using Xperium, relying on User Content, booking or requesting Experiences, hosting or attending Experiences, viewing or attending Events, creating or attending Meet Ups, interacting with other users, using third-party services, traveling to or from activities, and participating in any activity discovered through Xperium.

These risks may include slips, falls, drowning, traffic accidents, fire, weather, cold, heat, terrain, water, animals, illness, communicable disease, allergic reactions, food or alcohol exposure, equipment failure, negligent or intentional acts by other people, inadequate supervision, accessibility barriers, theft, property damage, lost items, emotional distress, missed travel, cancellation, delay, arrest, fines, or other foreseeable or unforeseeable harms.

To the maximum extent permitted by law, you irrevocably release, waive, and discharge Xperium and its owners, directors, officers, employees, contractors, agents, affiliates, licensors, and service providers from all claims, demands, damages, losses, expenses, and liabilities, whether known or unknown, suspected or unsuspected, arising from or related to your participation in, attendance at, or reliance on any Experience, Event, Meet Up, listing, Host, organizer, planner, venue, third-party service, or off-platform interaction, including claims based on negligence where permitted by law, and including claims based on acts or omissions of Members or third parties. This release does not exclude liability that cannot be excluded by law.

10A. Supplemental Terms, Activity Rules, And Separate Waivers

Certain Experiences, Events, Meet Ups, payment flows, Host tools, promotions, subscriptions, featured placements, beta features, high-risk activities, or third-party services may be subject to supplemental terms, disclosures, rules, waivers, releases, cancellation policies, refund policies, insurance requirements, or eligibility requirements. If supplemental terms conflict with these Terms, the supplemental terms control for the specific feature or activity to the extent of the conflict.

Xperium may require separate acceptance of updated terms, checkout disclosures, Host responsibility attestations, risk acknowledgments, payment authorizations, or other confirmations before allowing an account action. Refusal to accept required terms or acknowledgments may prevent access to the related feature.

11. Experiences

Experiences are Host-created activities that may be free or paid. The Host is solely responsible for the Experience and its delivery. Xperium may provide listing, discovery, booking, checkout, payment, cancellation, refund, support, and dispute tools, but those tools do not make Xperium the provider of the Experience.

Experience details may include descriptions, schedules, itinerary, safety information, accessibility information, add-ons, guest requirements, what is included, what Guests should bring, location summaries, meeting instructions, weather plans, cancellation policies, Host credentials, and checkout disclosures. The Host is responsible for the accuracy and completeness of that information.

Checkout disclosure snapshots and acknowledgments may be stored for booking, support, refund, payout, audit, safety, and dispute purposes. Later listing edits do not necessarily change what a Guest saw and acknowledged for an earlier booking.

12. Events

Events are informational advertising listings. Xperium does not sell Event tickets, manage Event entry, guarantee Event capacity, collect Event entry fees, manage Event refunds, operate Events, verify Event accessibility, or guarantee that an Event will occur.

Event organizers are solely responsible for Event accuracy, safety, accessibility, entry requirements, entry fees, ticket availability, venue rules, external links, cancellations, refunds, and legal compliance. Event entry fees shown on Xperium are informational listing content only unless the Platform expressly launches a different paid Event feature.

External organizer websites, ticket pages, venue sites, social pages, and information links are third-party services. Xperium does not control them and is not responsible for their accuracy, availability, terms, privacy practices, payments, tickets, refunds, or safety.

13. Meet Ups

Meet Ups are free public coordination pages for community plans. A going response is only an expression of intent. It is not a ticket, booking, contract, guarantee of attendance, reserved place, or promise that the Meet Up will happen.

Meet Up planners, editors, commenters, and attendees are responsible for their own conduct, safety, transportation, compliance with law, public-location choices, and public discussion content. Exact location text, selected shared locations, and location notes may be public in the launch version.

Xperium may provide approximate going counts, editor tools, public discussion, @ mentions, reporting, and moderation tools. Xperium does not pre-approve, supervise, operate, reserve attendance, or guarantee Meet Ups.

14. Bookings, Booking Requests, Reservations, And Capacity

A booking, booking request, reservation, or related record is subject to the state, cancellation policy, payment status, Host settings, Guest actions, support actions, and product rules shown in the Platform.

Some Experiences may be instant-confirmed. Others may require Host approval. Some paid bookings may collect payment immediately. Others may authorize a payment method or schedule a future charge. Checkout will describe the applicable flow.

Pending booking requests may hold capacity while the Host decides. Capacity may be released if a request is declined, expires, withdrawn, canceled, unpaid, fraudulent, or otherwise fails. Xperium may adjust records to correct errors, enforce rules, prevent overselling, or resolve support issues.

Unpublishing an Experience stops new public booking access but may not cancel existing future reservations or pending requests. Deleting or retiring an Experience may be blocked while future guest activity, unresolved requests, disputes, incidents, payouts, refunds, or other obligations remain.

15. Payments, Saved Cards, Stripe, And Authorization

Paid Experience transactions are processed in Canadian dollars unless the Platform states otherwise. Xperium may charge, authorize, capture, retry, void, refund, partially refund, or schedule payments as needed for checkout, booking requests, reservations, add-ons, cancellation/refund requests, disputes, incidents, payment failures, chargebacks, and support decisions.

By booking, submitting a payment method, saving a payment method, selecting a payment method for a future booking, or continuing through checkout, you authorize Xperium and its payment processors to process the payment actions described in the Platform and these Terms.

Stripe and its affiliates process payment cards, payment methods, Connect onboarding, refunds, payouts, disputes, fraud checks, chargebacks, and related compliance information. Your use of Stripe-powered features is also subject to Stripe's applicable terms, including the Stripe Connect Account Agreement for Hosts.

Xperium does not guarantee that a payment method, authorization, scheduled charge, refund, payout, or transfer will succeed. Banks, card networks, Stripe, fraud checks, insufficient funds, expired cards, compliance reviews, account restrictions, chargebacks, and technical issues may delay or prevent processing.

You agree not to bypass Xperium payment flows for Xperium-bookable Experiences, solicit off-platform payments for those bookings, submit fraudulent payment information, misuse saved cards, or use chargebacks in bad faith.

16. Fees, Taxes, Refunds, And Cancellations

Fees and prices shown in the Platform may include Host prices, add-ons, Xperium platform fees, payment-related amounts, taxes if applicable, and other amounts. The final checkout screen controls the amount you authorize for that transaction.

Cancellation and refund eligibility depends on the booking state, payment state, free-cancellation window, Host decisions, Xperium support decisions, dispute/incident state, payment-network rules, legal requirements, and the rules shown in the Platform. Host cancellations normally trigger a full Guest refund for the affected booking. Guest cancellations outside the free-cancellation window may require Host or Xperium support approval.

Refunds may take time to appear and may depend on Stripe, card networks, banks, or other payment partners. Xperium may deny, delay, reduce, or condition refunds when there is fraud, abuse, late cancellation, no-show, unsafe conduct, chargeback activity, policy violation, incomplete evidence, or another reason allowed by the Platform or law.

Unless required by law or expressly stated in the Platform, Xperium is not responsible for travel costs, lodging, missed wages, replacement activities, incidental expenses, currency conversion, third-party fees, or other losses caused by cancellation, delay, schedule changes, weather, safety concerns, payment issues, or user conduct.

Hosts and Guests are responsible for their own taxes unless Xperium expressly collects or remits a specific tax. Hosts are responsible for understanding tax obligations related to hosting, income, sales, services, tourism, permits, employment, contractors, and local requirements.

17. Payouts, Holds, Reversals, And Host Funds

Host payouts are subject to payment capture, completion of the Experience, payout timing rules, Stripe Connect readiness, account status, refund activity, disputes, incidents, chargebacks, fraud checks, legal holds, payout restrictions, support review, and other risk controls.

Xperium may freeze, delay, release, reverse, prevent, offset, or adjust Host payouts when Xperium believes it is necessary for refunds, partial refunds, disputes, incidents, cancellations, chargebacks, no-shows, fraud risk, safety issues, legal compliance, payment-network rules, account verification, account restrictions, or platform integrity.

A scheduled, eligible, or displayed payout is not a guarantee that funds will be paid. Hosts are responsible for any negative balances, chargebacks, refunds, reversals, penalties, tax obligations, or amounts owed because of their conduct, listings, cancellations, disputes, or violations.

18. Disputes, Incidents, Evidence, And Support Decisions

Guests and Hosts may be able to open support requests, cancellation/refund requests, disputes, incidents, reports, or other review workflows. Xperium may request written reasons, photos, files, messages, disclosure snapshots, payment data, check-in evidence, system logs, Host/Guest history, or other information.

Xperium support and admin users may review relevant messages, booking records, support context, payment records, refund records, Host and Guest history, reports, reviews, and internal operational notes when needed for safety, support, refunds, payouts, disputes, incidents, moderation, fraud prevention, or legal compliance.

Xperium may make support decisions, refund decisions, payout decisions, restriction decisions, and moderation decisions in its discretion, subject to applicable law and payment-network requirements. These decisions may include full refunds, partial refunds, denied refunds, payout release, payout freeze, payout prevention, account restrictions, listing removal, review restrictions, or other corrective action.

19. Reviews, Ratings, Host Responses, And Reports

Reviews, ratings, and Host responses must be truthful, based on genuine experience where required, and comply with these Terms. Reviews may be edited, hidden, deleted, excluded from rating calculations, or restricted under Xperium's review and moderation rules.

You may not manipulate reviews, post fake reviews, pressure users for reviews, retaliate for reviews, offer compensation for positive reviews, threaten negative reviews to obtain refunds, or submit abusive, discriminatory, defamatory, private, or irrelevant content.

Reports and flags are for good-faith safety, policy, fraud, moderation, or support concerns. False, abusive, retaliatory, or spam reports may result in account restrictions.

20. Messages, Support Conversations, And Monitoring

Messaging is provided for supported contexts such as Experience inquiries, booking/reservation conversations, and support requests. Xperium may restrict arbitrary direct messaging and may remove or change messaging features at any time.

Messages are not guaranteed to be private from Xperium. Admin/support users may review messages and related context when needed to provide support, investigate safety issues, enforce these Terms, resolve refunds, review disputes or incidents, prevent fraud, moderate content, or comply with law.

You may not use messages to harass, threaten, spam, solicit off-platform payments, evade Xperium fees, collect personal information improperly, send illegal content, or pressure another user into unsafe or unlawful conduct.

21. Privacy, Account Data, And Account Deletion

The Privacy Policy explains how Xperium collects, uses, discloses, retains, and protects personal information.

Account deletion is irreversible for launch. When an account is deleted, Xperium removes sign-in access and anonymizes public identity, but preserves records needed for bookings, reservations, payments, refunds, payouts, receipts, taxes, audit logs, moderation, safety, fraud prevention, support, legal compliance, and dispute resolution.

Account deletion may be blocked while unresolved bookings, payouts, refunds, disputes, incidents, cancellation/refund requests, account restrictions, moderation issues, payment obligations, or support obligations remain. Deleted users may be required to create a fresh account before using Xperium again.

22. Third-Party Services

Xperium may link to, integrate with, or rely on third-party services, including Stripe, Google Maps, Google login, Google One Tap, Apple login, Facebook login, email providers, hosting providers, storage providers, search providers, analytics/logging tools, social sites, external Event links, external ticket pages, and venue or organizer websites.

Third-party services are not controlled by Xperium. Xperium is not responsible for third-party availability, accuracy, security, payments, refunds, privacy practices, content, decisions, errors, downtime, or terms. Your use of third-party services is solely at your own risk and may be subject to their terms and privacy policies.

23. Intellectual Property

Xperium Content and the Platform are protected by copyright, trademark, trade secret, and other laws. Xperium and its licensors retain all rights in Xperium Content and the Platform.

You may not copy, modify, distribute, sell, lease, reverse engineer, scrape, crawl, frame, mirror, or create derivative works from Xperium Content or the Platform except as allowed by law or expressly permitted by Xperium.

If you believe content on Xperium infringes your rights, contact Xperium with enough information to identify the content, your rights, and the remedy requested.

24. Feedback And Ideas

If you submit suggestions, feedback, ideas, requests, concepts, improvements, designs, or other input to Xperium, you grant Xperium a perpetual, irrevocable, worldwide, royalty-free right to use, copy, modify, commercialize, and otherwise exploit that feedback without restriction or compensation to you.

25. Platform Availability, Changes, And Errors

Xperium may change, suspend, discontinue, restrict, or remove features at any time. Xperium does not guarantee continuous availability, uninterrupted operation, error-free service, preservation of data, compatibility with every device, or that defects will be corrected.

Xperium may correct pricing errors, listing errors, payment errors, booking errors, payout errors, availability errors, display errors, and account errors. Xperium may cancel, reverse, adjust, or refuse transactions affected by error, fraud, abuse, or violation of these Terms.

26. Prohibited Conduct

You may not:

violate law, these Terms, third-party rights, payment-network rules, or platform rules;
misrepresent identity, age, credentials, qualifications, permits, insurance, safety, accessibility, pricing, availability, affiliation, or legal compliance;
harass, threaten, discriminate, abuse, exploit, stalk, defame, intimidate, or endanger another person;
post illegal, unsafe, hateful, sexually exploitative, fraudulent, infringing, private, or deceptive content;
bypass or evade Xperium fees, booking flows, payment flows, support flows, restrictions, moderation, or security controls;
scrape, crawl, reverse engineer, overload, probe, interfere with, or compromise Xperium systems;
use Xperium to spam, phish, distribute malware, collect data without permission, or run unauthorized advertising;
use another person's personal information, payment method, photos, credentials, identity, or content without permission;
encourage minors to create accounts or submit personal information;
retaliate against a user for a review, report, dispute, support request, refund request, or safety complaint;
misuse refunds, chargebacks, reports, reviews, messages, or support tools; or
use Xperium in any way that creates legal, safety, operational, payment, security, or reputational risk.

27. Legal Compliance, Insurance, And Professional Advice

You are responsible for understanding and complying with laws that apply to you, your listings, your activities, your guests, your venues, your taxes, your insurance, your contractors, your employees, your equipment, your communications, and your use of Xperium.

Hosts and organizers are responsible for required permits, licenses, registrations, insurance, waivers, inspections, safety briefings, emergency plans, tax collection, tax reporting, and tax remittance.

Xperium does not provide legal, tax, insurance, safety, medical, accessibility, emergency, accounting, financial, or professional advice. Information on Xperium is not a substitute for professional advice.

28. Emergency And Safety Situations

Xperium is not an emergency service. If there is an emergency, immediate safety concern, crime, medical issue, fire, dangerous weather event, or other urgent situation, contact local emergency services first.

Xperium may cooperate with law enforcement, emergency responders, regulators, payment partners, insurers, or other parties when Xperium believes it is necessary for safety, legal compliance, fraud prevention, or protection of rights.

29. Suspension, Restrictions, And Termination

Xperium may suspend, restrict, or terminate accounts, listings, messages, reviews, comments, Meet Ups, Events, Experiences, payouts, payment access, hosting access, booking access, or other Platform features when Xperium believes it is necessary for safety, legal compliance, payment integrity, fraud prevention, support, moderation, account security, or platform operations.

Restrictions may include warnings, content removal, listing removal, review restrictions, booking restrictions, hosting restrictions, payout freezes, manual approval requirements, account suspension, or account termination.

You may stop using Xperium at any time, subject to outstanding bookings, payment obligations, refund obligations, payout obligations, tax/accounting records, support obligations, disputes, incidents, and legal duties. Sections that by their nature should survive termination will survive.

30. Disclaimers

To the maximum extent permitted by law, Xperium is provided "as is" and "as available." Xperium disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, safety, security, reliability, and uninterrupted operation.

Xperium does not warrant that users, Hosts, Guests, organizers, planners, listings, credentials, reviews, accessibility statements, maps, search results, payments, payouts, messages, Events, Meet Ups, Experiences, routes, venues, equipment, weather plans, refunds, or third-party services will be accurate, safe, legal, available, suitable, insured, verified, accessible, or free from harm.

Any references to verification, activation, readiness, profile visibility, Stripe status, terms acceptance, credentials, reviews, ratings, or moderation status are product signals only and are not endorsements, guarantees, warranties, safety certifications, background checks, or legal approvals by Xperium.

31. Limitation Of Liability

To the maximum extent permitted by law, Xperium and its owners, directors, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, lost profits, lost revenue, loss of goodwill, data loss, personal injury, death, property damage, emotional distress, business interruption, substitute services, travel costs, lodging costs, missed work, missed opportunities, or other losses arising from or related to Xperium, User Content, third-party services, or member-to-member activities.

To the maximum extent permitted by law, Xperium's total liability for all claims arising out of or related to Xperium, these Terms, or your use of the Platform will not exceed the greater of (a) the amount of fees Xperium actually retained from your transactions in the six months before the claim arose, or (b) CAD $100.

The limitations in this section apply regardless of the legal theory asserted, whether based in contract, tort, negligence, strict liability, statute, equity, misrepresentation, consumer protection, product liability, platform liability, payment processing, or any other theory, and even if Xperium was advised of the possibility of such damages.

Some jurisdictions do not allow certain exclusions or limitations, so some limits may not apply to you. Nothing in these Terms excludes liability that cannot legally be excluded.

32. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Xperium and its owners, directors, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against claims, demands, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable legal fees, arising from or related to:

your User Content, listings, reviews, comments, messages, reports, or support submissions;
your hosting, organizing, planning, attendance, participation, conduct, negligence, or intentional misconduct;
conduct, participation, injury, loss, or claims involving any minor, dependent, guest, attendee, employee, contractor, assistant, co-organizer, invitee, or other person for whom you are responsible or on whose behalf you use Xperium;
your breach of these Terms or violation of law;
your violation of third-party rights;
your taxes, permits, licenses, insurance, waivers, employment/contractor relationships, venues, equipment, transportation, food/alcohol service, animals, or activity operations;
your disputes with other Members or third parties;
payment disputes, chargebacks, refunds, reversals, or payout issues caused by your conduct or listings; or
claims by Guests, Hosts, organizers, planners, attendees, venues, regulators, payment partners, or third parties connected to your use of Xperium.

33. Force Majeure

Xperium is not responsible for failure or delay caused by events beyond Xperium's reasonable control, including weather, natural disasters, fire, flood, pandemic, epidemic, disease outbreak, public health restrictions, war, terrorism, civil unrest, strikes, labor disputes, utility failures, internet outages, hosting failures, payment-network failures, government action, legal process, or third-party service failures.

34. Dispute Resolution, Class Waiver, And Governing Law

Before initiating a formal proceeding, you agree to contact Xperium through Contact Us and provide a reasonable opportunity for informal resolution.

These Terms and any dispute, claim, or controversy arising out of or related to Xperium, your account, User Content, payments, refunds, payouts, listings, bookings, Experiences, Events, Meet Ups, or interactions with other users are governed by the laws of Saskatchewan and the applicable federal laws of Canada, without regard to conflict-of-laws rules.

For non-consumer claims and for consumer claims only where pre-dispute arbitration and class waivers are enforceable under applicable law, the dispute will be resolved by confidential, final, binding arbitration in Saskatchewan, Canada, in English. Where applicable consumer protection law gives you a non-waivable right to proceed in court, participate in a class proceeding, use small-claims court, refuse arbitration before a dispute arises, or use another forum, nothing in these Terms limits that right.

If arbitration is not available or enforceable for a particular claim, the provincial and federal courts located in Saskatchewan will have exclusive jurisdiction, except where applicable law gives a party a non-waivable right to another forum.

To the maximum extent permitted by law, you and Xperium agree to bring claims only in an individual capacity and not as a plaintiff, class member, representative, private attorney general, or participant in any class, collective, consolidated, or representative proceeding. If this class-action waiver is found unenforceable for a claim, that claim must proceed in court and not arbitration unless the parties agree otherwise.

To the maximum extent permitted by law, any claim must be brought within one year after it arose or it is permanently barred. This limitation does not apply where prohibited by law.

Nothing in this section prevents either party from seeking injunctive or equitable relief for misuse of intellectual property, unauthorized system access, privacy/security harm, or conduct that threatens immediate harm.

34A. Canadian Provincial And Territorial Consumer Rights

Xperium is based in Saskatchewan, but users may access the Platform from other Canadian provinces and territories. Consumer protection, marketplace, internet agreement, distance sales, unfair practice, cancellation, refund, disclosure, language, privacy, court access, class proceeding, small claims, and arbitration rules may vary by province or territory.

Nothing in these Terms is intended to exclude, restrict, or waive any right, remedy, warranty, condition, disclosure requirement, cancellation right, refund right, limitation period, language right, class proceeding right, court access right, privacy right, or other protection that cannot be excluded, restricted, or waived under the laws of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon, Northwest Territories, Nunavut, or applicable federal law.

If you are a consumer and a mandatory law in your province or territory conflicts with these Terms, the mandatory law governs to the extent of the conflict. The rest of these Terms continue to apply to the maximum extent permitted by law.

If a province or territory requires specific internet agreement, distance sales, cancellation, refund, disclosure, copy-delivery, language, or notice rights for a transaction, those statutory rights apply where legally required even if they are not repeated in these Terms or in a Platform checkout screen.

34B. Quebec Language Rights

Where Quebec law requires a French version of these Terms or related documents, Xperium will comply with non-waivable Quebec language requirements. A Quebec user may have the right to receive or review a French version before being bound by a version in another language. Nothing in these Terms waives any non-waivable right under Quebec's Charter of the French Language, Consumer Protection Act, Civil Code, privacy laws, or other applicable Quebec law.

If Xperium provides both French and English versions and applicable law requires the French version to prevail, the French version will prevail to the extent required by law. Otherwise, the version you validly accept governs to the maximum extent permitted by law.

35. Changes To These Terms

Xperium may update these Terms from time to time. When changes are material, Xperium may require renewed acceptance before you can continue meaningful account actions such as booking, paying, messaging, reviewing, creating listings, hosting, or using other interactive features. The updated Terms are effective when posted unless a later effective date is stated.

36. General Terms

If part of these Terms is invalid or unenforceable, the rest remains in effect. Xperium may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, bankruptcy, or by operation of law. You may not assign these Terms without Xperium's written consent.

These Terms do not create any agency, partnership, joint venture, employment, fiduciary, franchise, representative, or trustee relationship between you and Xperium, or between Xperium and any Host, Guest, organizer, planner, venue, or third party.

Xperium's failure to enforce a provision is not a waiver. Headings are for convenience only. These Terms, together with the Privacy Policy and product-specific terms or disclosures shown in the Platform, are the entire agreement between you and Xperium about your use of Xperium.

37. Contact

Questions about these Terms can be sent through Contact Us or by mail to Xperium Adventure Ltd., Box 905, North Battleford, Saskatchewan, Canada S9A 2Z3, c/o DBF Law Office.