Terms and Conditions

Welcome to Xplor. These Terms and Conditions ("Terms") govern your access to and use of the Xplor platform, including our website, mobile applications, and all related services (collectively, the "Services"), including the FairSeas yacht charter commission sharing system.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Please read these Terms carefully before using our Services. These Terms constitute a legally binding agreement between you and Xplor Ltd ("Xplor," "we," "us," or "our").

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable law
• Provide accurate and complete registration information

For FairSeas participants, additional eligibility requirements may apply based on your role (Crew, Owner, Broker, or Client), including verification of credentials and professional qualifications.

To access certain features of our Services, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms.

You agree to use our Services only for lawful purposes. You must not:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use automated systems to access the Services without permission
• Engage in fraudulent or deceptive practices
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect user information without consent

The following activities are strictly prohibited and may result in immediate account termination:

• Submitting false verification documents or credentials
• Misrepresenting charter bookings or commission amounts
• Circumventing the platform for direct transactions
• Money laundering or fraudulent financial activities
• Creating multiple accounts to evade restrictions
• Sharing account credentials with third parties
• Manipulating reviews, ratings, or CRI+ scores
• Using the platform for illegal charter activities

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted or error-free
• Defects will be corrected
• The Services are free of viruses or harmful components
• The results obtained from using the Services will be accurate

Xplor is a platform that connects yacht industry participants. We do not own, operate, or control any yachts listed on the platform. We are not responsible for the actions or omissions of users.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XPLOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Xplor and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your content submitted to the Services
• Any dispute between you and another user

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

For FairSeas participants, outstanding commission balances will be processed according to our standard payout schedule, subject to any holds or disputes.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date.

Your continued use of the Services after any changes indicates your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services.

We encourage you to review these Terms periodically.