By signing up for the Xperiencify service ("Service") or any of the services of Xperiencify Inc. ("Xperiencify") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service.

You can review the current version of the Terms of Service at any time at here. Xperiencify reserves the right to update and change the Terms of Service by posting updates and changes to the Xperiencify website.

You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, Xperiencify's Privacy Policy, and, if applicable, Data Processing Addendum ("DPA"), before you may become a Xperiencify user.

Everyday language summaries are provided for your benefit and are not legally binding.

By using Xperiencify or any Xperiencify services, you are agreeing to these terms so please read the entire document for the complete picture of your legal requirements and be sure to occasionally check for updates.

1.1 Age Requirement

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

1.2 Account Information

You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.

1.3 Communication

You acknowledge that Xperiencify will use the email address you provide as the primary method for communication.

1.4 Password Security

You are responsible for keeping your password secure. Xperiencify cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

1.5 Content Responsibility

You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your Xperiencify account ("Course Content").

1.6 Prohibited Actions

You must not transmit any worms or viruses or any code of a destructive nature.

1.7 Term Violations

A breach or violation of any term in the Terms of Service as determined in the sole discretion of Xperiencify will result in an immediate termination of your services.

In other words: Don't use Xperiencify for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email.

2.1 Individual Account Ownership

Subject to section 2.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

2.2 Employer Account Ownership

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

In other words: The person signing up for the Xperiencify Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

3.1 Terms Acceptance

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Xperiencify.

3.2 Technical Support

Technical support is only provided to paying account holders and is only available via our help desk which is accessible through the chat app which can be found either inside your account, or on any page of the help center. Look for the green chat widget, located on either the lower right or left hand corner of the page or email support@xperiencify.com.

3.3 Legal Compliance

You may not use the Xperiencify service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of California.

3.4 Service Protection

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Xperiencify.

3.5 Trademark Protection

You shall not purchase search engine or other pay per click keywords (such as Google AdWords or Facebook advertising), or domain names that use Xperiencify or Xperiencify trademarks and/or variations and misspellings thereof.

3.6 Support Communication

Questions about the Terms of Service should be sent to our help desk, through the chat widget, or emailed to support@xperiencify.com.

3.7 Content Transmission

You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

3.8 Privacy Policy

You acknowledge and agree that your use of the Service, including information transmitted to or stored by Xperiencify, is governed by its Privacy Policy.

3.9 Payment Processing

If you are on an Xperiencify plan with transaction fees and don't have written consent from Xperiencify, you agree not to charge people to access your courses other than by collecting payments on the Xperiencify service. Any attempt to bypass the Xperiencify payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to switch to a no fees plan.

3.10 Reasonable Use Policy

Our unlimited service offerings are subject to a Reasonable Use Policy to ensure the highest quality of service for all our customers. We reserve the right to define what constitutes "reasonable use" at our sole discretion.

3.11 Policy Enforcement

If we determine that your use of the service is not in accordance with our Reasonable Use Policy, we may, at our discretion, either offer a different service plan that will better suit your needs, impose additional charges for the unreasonable use, or suspend or terminate the service for breach of this policy.

In other words: To use our service, you must accept our terms and privacy policy, follow all applicable laws, and receive technical support only if you're a paying customer. You cannot use the service illegally, resell it, or exploit it without permission, and your course content may be transmitted unencrypted (except credit card data). The service requires compliance with their payment system and transaction fees unless otherwise agreed, and is subject to a Reasonable Use Policy which we can enforce through plan changes, charges, or termination.

4.1 Service Modification

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

4.2 Service Refusal

We reserve the right to refuse service to anyone for any reason at any time.

4.3 Content Removal

We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, harmful, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

4.4 Zero Tolerance for Abuse

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Xperiencify customer, Xperiencify employee, member, or officer will result in immediate account termination.

4.5 Content Screening

Xperiencify does not pre-screen course content and it is in our sole discretion to refuse or remove any course content that is available via the Service.

4.6 Competition and Market Segments

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Xperiencify employees and contractors may also be Xperiencify customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.

4.7 Ownership Verification

In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

4.8 Ownership Disputes

Xperiencify retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Xperiencify reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

In other words: We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a Xperiencify account, we can freeze the account or transfer it to the rightful owner.

5.1 Damages Exclusion

You expressly understand and agree that Xperiencify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

5.2 Indemnification

In no event shall Xperiencify or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Xperiencify partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

5.3 Service Risk

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

5.4 Service Continuity

Xperiencify does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.5 Results Disclaimer

Xperiencify does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

5.6 Quality Disclaimer

Xperiencify does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

5.7 Liability Cap

In no event will Service Provider's aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Xperiencify Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.

In other words: We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is "as is" so it may have errors or interruptions and we provide no warranties. The total amount of our potential liability is limited to one month of your fees paid to us.

6.1 Non-Waiver Provision

The failure of Xperiencify to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

6.2 Entire Agreement

The Terms of Service constitutes the entire agreement between you and Xperiencify and govern your use of the Service, superseding any prior agreements between you and Xperiencify (including, but not limited to, any prior versions of the Terms of Service).

In other words: If Xperiencify chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Xperiencify don't apply if they conflict with these terms.

7.1 Content Ownership

We do not claim any intellectual property rights over the material you provide to the Xperiencify service. All material you upload remains yours. You can remove your Xperiencify site at any time by deleting your account. This will also remove all content you have stored on the Service.

7.2 Content License

By uploading Course Content, you agree:

(a) to allow other internet users to view your Course Content;

(b) to allow Xperiencify to display and store your Course Content; and

(c) that Xperiencify can, at any time, review all the Course Content submitted by you to its Service.

7.3 Public Content

You retain ownership over all Course Content that you upload to a Xperiencify site; however, by making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.

7.4 Content Viewing Rights

You retain ownership over all content that you submit to a Xperiencify site however, by making your site public, you agree to allow others to view your content.

7.5 Confidential Information

We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that:

(a) was in the public domain at the time we received it;

(b) comes into the public domain after we received it through no fault of ours;

(c) we received from someone other than you without breach of our or their confidentiality obligations; or

(d) we are required by law to disclose.

In other words: Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.

8.1 Credit Card Requirement

A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.

8.2 Billing Cycle

The service will be billed monthly or annually, based on user's selected plan. Users have approximately two weeks to bring up and settle any issues with the billing.

8.3 Subscription Period

"Subscription Month" means the 28, 29, 30 or 31 day period starting on the first day of your subscription, and ending on the day in the following month with the corresponding numerical date.

8.4 Billing Date Adjustments

Charges will be processed on the same day each month, unless the month has a fewer amount of days than the date of the first charge. For example: If a subscription is started on the 31st of March, then the charge for April will fall on the 30th of April, as there are only 30 days in the month.

8.5 Tax Exclusions

All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").

8.6 U.S. Tax Obligations

If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Xperiencify's products and services, including without limitation, your subscription to or purchase of Xperiencify's ecommerce services ("Taxable Offerings"). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings.

Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

8.7 Refund Policy

Xperiencify does not provide refunds.

In other words: For all accounts (except lifetime accounts), a valid credit card is required to be kept on file. You will be billed monthly or annually. No refunds.

9.1 Cancellation Process

To cancel your account, please click the "Cancel Account" link in your Account Page, where you'll be directed to our team to process the cancellation.

9.2 Data Deletion

Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.

9.3 Service Termination Rights

We reserve the right to modify or terminate the Xperiencify service for any reason, without notice at any time.

9.4 Fraud Prevention

Without limiting any other remedies, Xperiencify may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

**In other words:** To cancel your account, click the link in your Account Page to be directed to our team. Once cancellation is confirmed, all your content will be permanently deleted. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

10.1 Price Changes

Prices for using Xperiencify are subject to change upon 30 days notice from Xperiencify. Such notice may be provided at any time by posting the changes to the Xperiencify Site (Xperiencify.com) or the administration menu of your Xperiencify site via an announcement.

10.2 Service Modifications

Xperiencify reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.

10.3 Liability Exclusion

Xperiencify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

In other words: We may change or discontinue the service at anytime, without liability.

11.1 Third Party Access

Xperiencify may provide you with access to third party tools over which Xperiencify neither monitors nor has any control or input.

11.2 No Warranty

You acknowledge and agree that Xperiencify provides access to such tools 'as is' without any warranties, representations or conditions of any kind and without any endorsement. Xperiencify shall have no liability whatsoever arising from or relating to your use of optional third party tools.

11.3 Risk Assumption

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

11.4 Professional Advice

Xperiencify strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.

In other words: We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.

12.1 General Policy

Xperiencify has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act.

It is Xperiencify's policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.

12.2 Procedure for Reporting Copyright Infringement

If you believe that Content residing on or accessible through the Xperiencify web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

12.3 Once Proper Bona Fide Infringement Notification is Received by Xperiencify's Support Team

It is Xperiencify's policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Xperiencify. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.

12.4 Procedure to Supply a Counter-Notice to Xperiencify

If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Xperiencify's Support Team listed below:

If a counter-notice is received by Xperiencify's Support Team, Xperiencify will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.

12.5 Designated Agent to Receive Notification of Claimed Infringement

Please contact Xperiencify's Support Team to Receive Notification of Claimed Infringement at the following address:

Name: Xperiencify.com, Attn: Copyright Infringement
Email: support@Xperiencify.com
Address: 3571 Far West Blvd #3355 Austin, TX 78731
Telephone: 1 (424) 239-4635
​

In other words: Xperiencify respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don't think the claim is valid, you can proceed with a counter notification.

For everyone else this means: If you believe one of our customers is infringing your intellectual property rights, you can send Xperiencify a DMCA Notice. We will expeditiously disable access or remove the content and notify the customer. Be advised that we post all notices we receive.

You may access our Services via our application programming interface (the "Xperiencify API") subject to the following specific terms:

Rate Limits: API usage is subject to rate limits as determined by Xperiencify. We reserve the right to adjust these limits at any time. Exceeding rate limits may result in temporary or permanent suspension of your API access.

API Keys: You are responsible for maintaining the security of your API keys and tokens. Any activity conducted using your API credentials will be deemed to have been performed by you. You must immediately notify us of any unauthorized use or security breach of your API keys.

Prohibited Uses: You shall not:

- Attempt to circumvent or exceed API rate limits

- Share, sell, or transfer your API credentials to any third party

- Use the API in a manner that adversely impacts the stability or functionality of our services

- Create derivative works that compete directly with Xperiencify's core services

- Cache or store any API content beyond what is necessary for your application's functionality

API Modifications: We may modify, suspend, or discontinue the API or any features thereof at any time with or without notice. We will endeavor to provide reasonable notice of material changes when possible.

In other words: Use our API responsibly and securely. Don't share your API keys or try to bypass our limits. We may change the API at any time, but we'll try to let you know about big changes in advance.

15.1 Agreement to Arbitrate

You and Xperiencify agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services ("Disputes") shall be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15.2 Arbitration Rules and Forum

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

15.3 Location and Procedure

Unless you and Xperiencify otherwise agree, the arbitration will be conducted in Travis County, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Xperiencify submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.

15.4 Class Action Waiver

YOU AND XPERIENCIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.

15.6 Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Travis County, Texas, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

15.7 Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

In other words: If we have a legal dispute, we'll resolve it through arbitration in Texas under AAA rules, except for intellectual property issues. You can't join a class action lawsuit against us. You have one year to file any claims. We're each responsible for our own legal costs unless the arbitrator decides otherwise.