XPme Terms and Conditions
Effective Date: 17/02/2025
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and XPme governing your access to and use of the XPme mobile application and website (collectively, the "Platform"). By using XPme, you confirm that you have read, understood, and agreed to these Terms. If you do not accept these Terms, you must cease use of the Platform immediately.
1. General Provisions
1.1 These Terms govern your rights and obligations regarding your use of the Platform. XPme reserves the right to enforce these Terms in any jurisdiction where the Platform is available.
1.2 XPme reserves the right to modify, update, suspend, or discontinue any aspect of the Platform at any time without prior notice or liability. Users acknowledge that continued use of XPme after any modifications constitutes acceptance of the updated Terms.
1.3 XPme reserves the right to take any necessary action to protect the security and integrity of the Platform, including suspending or restricting access to any user who is suspected of breaching these Terms, without prior notice or liability.
2. Eligibility
2.1 2.1 Users must be at least 16 years old to use XPme. Users under 18 must obtain parental or guardian consent before registering, in accordance with the Online Safety Amendment (Social Media Minimum Age) Act 2024.
2.2 By using XPme, you warrant that you meet these eligibility requirements and that you comply with applicable local, national, and international laws. Failure to meet these eligibility requirements may result in immediate suspension or termination of your account without notice.
2.3 XPme reserves the right to verify a user’s age and identity at any time and to request supporting documentation. Failure to provide accurate information or verification documents when requested may result in account suspension or termination.
3. Account Registration and Security
3.1 Users must provide accurate and complete registration information. Providing false or misleading information may result in account suspension or termination without prior notice.
3.2 Users are responsible for maintaining the confidentiality of their login credentials. Sharing login credentials or allowing another person to use your account may result in account suspension or termination.
3.3 Unauthorised account access must be reported to XPme immediately. XPme reserves the right to suspend or disable accounts that are suspected of being compromised or used for fraudulent activities.
3.4 XPme reserves the right to suspend, restrict, or permanently terminate any account at its sole discretion if it determines that a user has engaged in fraudulent, deceptive, unauthorised, harmful, or inappropriate activities, including but not limited to spamming, harassment, misrepresentation, security breaches, exploitation of system vulnerabilities, manipulation of XP or challenges, or any conduct that negatively impacts the integrity of the Platform or other users. XPme may take these actions without prior notice or liability and is under no obligation to provide reasoning for such decisions.
4. Use of the Platform
4.1 XPme is for personal, non-commercial use only. Any use of the Platform for commercial purposes, including but not limited to advertising, soliciting, or collecting user data, is strictly prohibited.
4.2 Users may earn XP by completing challenges, sharing experiences, and engaging with the Platform. XP, badges, and challenges currently have no monetary value and cannot be transferred, exchanged, or redeemed for cash or goods.
4.3 Users must not manipulate XP, badges, or challenges, use automated bots, post offensive content, or violate the rights of other users. Any violation may result in account suspension or termination.
5. Content and User Conduct
5.1 Users retain ownership of content posted on XPme but grant XPme a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media or distribution method now known or later developed. This licence will terminate when the content is deleted from XPme’s systems, except where the content has been shared with others who have not deleted it, or where retention is required for legal or operational purposes. Users acknowledge that content shared on XPme may be used for promotional, analytical, or commercial purposes. However, users can control the visibility and sharing of their content through their privacy settings, where applicable. XPme reserves the right to use, commercialise, or monetise user content in any manner, without further consent, notice, or compensation to the user.
5.2 Users must not post content that infringes third-party rights or includes prohibited material such as hate speech, harassment, defamation, threats, obscene or sexually explicit material, incitement of violence, false or misleading information, impersonation of others, or copyrighted content without authorisation. Users are also prohibited from sharing any personal or confidential information of others without consent. Any violation of this clause may result in immediate content removal, account suspension, or permanent termination at XPme’s sole discretion. XPme reserves the right to report violations to relevant authorities where required by law.
5.3 XPme reserves the right to remove any content that violates these Terms and to suspend or terminate accounts responsible for repeated violations.
6. Challenges, XP, Badges, and Rewards
6.1 Challenges enable users to earn XP and unlock badges. The availability, structure, and permanence of challenges, XP, badges, or rewards are at XPme’s sole discretion and may be modified, revoked, or removed at any time without notice. XPme makes no guarantees regarding the continued availability of any specific challenge, XP system, badge, or reward. Changes may be implemented to ensure fairness, prevent abuse, or align with updates to the Platform. Users acknowledge that XP accumulation or badge progression may be adjusted retroactively to reflect these changes.
6.2 XPme reserves the right to revoke or modify XP, badges, and challenges for any reason, including system updates, policy changes, suspected abuse, technical errors, or adjustments to game mechanics. If XP, badges, or challenges are modified, revoked, or reset, XPme is under no obligation to compensate users for any perceived loss or disruption. Users found to be exploiting, cheating, or unfairly manipulating XP, badges, or challenges may have their progress reset, be subject to account suspension, or face permanent termination from the Platform.
6.3 Users acknowledge that all XP, challenges, badges, and rewards are for entertainment purposes only and do not confer any rights, entitlements, monetary value, or guarantees of future availability. XP, badges, and rewards cannot be exchanged for real-world currency, goods, or services. Participation in challenges does not establish any legal or contractual obligation between users and XPme, and XPme reserves the right to determine and amend XP distribution, challenge conditions, and reward systems at its sole discretion.
7. Platform Modifications
7.1 XPme reserves the right to modify, update, suspend, or discontinue any aspect of the Platform at any time without prior notice. This includes, but is not limited to, altering or removing features, modifying the user interface, adjusting XP earning mechanisms, and changing the accessibility of the Platform. These changes may be made for reasons including technological improvements, legal compliance, system security, or business needs. Users acknowledge that they may experience disruptions, loss of functionality, or altered experiences as a result of such modifications, for which XPme bears no liability.
7.2 Users acknowledge that XPme is under no obligation to maintain specific features or functionalities, regardless of past availability or user expectations. XPme reserves the right to introduce new features, remove existing ones, or modify the scope of the Platform’s functionalities at its sole discretion. Users also agree that continued use of the Platform following any modifications constitutes acceptance of those changes, and XPme shall not be held liable for any perceived loss or inconvenience resulting from such changes.
8. Data Collection, Cookies, and Privacy Policy Compliance
8.1 XPme collects, stores, and processes user data in accordance with its Privacy Policy. This includes, but is not limited to, personal information such as names, email addresses, phone numbers, device information, location data, and user interactions within the Platform. XPme is committed to complying with all applicable data protection laws, including the Australian Privacy Act 1988 and relevant international regulations such as the General Data Protection Regulation (GDPR) where applicable.
8.2 XPme uses cookies, tracking pixels, and similar technologies to enhance user experience, analyse user activity, improve services, and deliver personalised content. These technologies are essential for the functionality and security of the XPme Platform and cannot be disabled within the app. They enable authentication, fraud prevention, security monitoring, and user experience optimisation. Users can manage or disable cookies through their web browser settings when accessing the XPme website via a browser; however, app-based tracking mechanisms are integral to the Platform’s operation and cannot be turned off. These technologies allow XPme to store user preferences, understand traffic patterns, and optimise Platform performance. Users can manage or disable cookies through their browser settings when browsing the website, but doing so may impact the functionality of certain features.
8.3 By using XPme, you consent to the collection, storage, and use of your data as outlined in the Privacy Policy. Users have the right to access, update, or request deletion of their personal data by contacting XPme’s support team. XPme will take reasonable steps to comply with such requests, subject to legal and operational retention obligations. Additionally, users may request to opt out of certain data collection practices where permitted by law.
9. Termination and Account Suspension
9.1 XPme reserves the right to terminate, suspend, restrict, or limit access to user accounts at any time, with or without cause. This includes but is not limited to instances where users violate these Terms, engage in fraudulent or unauthorised activities, disrupt the functionality of the Platform, or pose a security risk. XPme may take such actions at its sole discretion and is under no obligation to provide reasoning for account terminations or suspensions.
9.2 Termination or suspension may result in the immediate loss of access to XP, badges, challenges, and associated progress without recourse. Users acknowledge that XPme is under no obligation to reinstate lost progress, provide compensation, or restore any features associated with a terminated or suspended account. Any ongoing challenges, rewards, or promotions tied to a suspended or terminated account will also be voided at XPme’s discretion.
9.3 Users may request account deletion by contacting XPme support. Upon successful verification, XPme will remove the user’s personal data in accordance with its Privacy Policy, subject to legal and operational retention requirements. However, certain anonymised or non-personally identifiable data may be retained for analytical, security, or compliance purposes. Users understand that account deletion is irreversible, and any XP, badges, progress, or associated content will be permanently lost.
9.4 XPme reserves the right to restrict account functionality, including but not limited to disabling XP earning, limiting access to certain features, or placing temporary suspensions on accounts under review. Such restrictions may be applied as part of security checks, investigations, or enforcement of these Terms.
10. Governing Law, Dispute Resolution, and Legal Compliance
10.1 These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Any legal claims or disputes shall be subject to the exclusive jurisdiction of the courts of Queensland. Users agree that any claims against XPme must be filed within one (1) year after the cause of action arises, or such claims will be permanently barred.
10.2 Any disputes must first be addressed through XPme’s support team. Users must provide a detailed written description of the dispute and allow XPme at least 30 days to attempt resolution before pursuing legal action. XPme encourages informal resolution where possible to avoid costly legal proceedings.
10.3 If unresolved, disputes may be subject to mediation or arbitration in Queensland, Australia, in accordance with Australian Consumer Law and any applicable dispute resolution regulations. Any arbitration shall be conducted by a neutral arbitrator in accordance with the Australian Centre for International Commercial Arbitration (ACICA) rules. Users waive the right to participate in class actions or class-wide arbitration against XPme.
10.4 Users outside Australia acknowledge and agree that these Terms are primarily governed by Australian law. However, where required by consumer protection laws or regulations in the user's jurisdiction, local laws may also apply to certain aspects of the agreement. Users explicitly waive any objection to the jurisdiction of Australian courts in any disputes arising from these Terms. If any provision of these Terms is found to be invalid under applicable law, the remaining provisions shall remain in full force and effect.
11. Intellectual Property and Content Disclaimer
11.1 The images, videos, text, and other content displayed on the Platform ("Content") are provided for the purpose of reviewing, critiquing, and enhancing user engagement with the listed experiences and businesses. All images, logos, trademarks, and other intellectual property appearing on XPme are the property of their respective owners. XPme does not claim ownership over any third-party content unless explicitly stated, and the use of these materials is intended solely to support user reviews, feedback, and platform interactions. All images, logos, and trademarks are the property of their respective owners. XPme makes no claim of ownership over any third-party content, and the use of these materials is intended solely to support user reviews and feedback.
11.2 XPme believes the use of images, videos, and other third-party content falls under fair dealing provisions of Australian copyright law, specifically for purposes such as criticism, review, commentary, education, and news reporting. If you are the copyright owner of any material featured on the Platform and believe its use infringes your rights, you may request its removal by contacting XPme. We will review and respond to all such requests in accordance with applicable laws. If you are the copyright owner of any material featured on the Platform and wish to request its removal or if you have concerns about its use, please contact XPme, and we will promptly address your request.
11.3 Users acknowledge that XPme may use, display, or repurpose content submitted to the Platform, including but not limited to photos, videos, comments, and reviews, for promotional, marketing, analytical, or commercial purposes without prior consent or compensation, subject to privacy controls where applicable.
11.4 XPme is not responsible for user-generated content and disclaims any liability arising from inaccuracies, copyright violations, or intellectual property disputes related to such content. Users are responsible for ensuring that they have the necessary rights and permissions to upload and share any content on the Platform.
12. Disclaimers and Limitation of Liability
12.1 XPme provides the Platform on an “as is” and “as available” basis. XPme makes no warranties, express or implied, regarding the accuracy, reliability, completeness, or availability of the Platform or any content therein.
12.2 XPme is not responsible for any personal injury, death, property damage, loss of data, or any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of XPme, including participation in any listed experiences, user interactions, or third-party services.
12.3 Users acknowledge that participation in activities discovered through XPme is entirely voluntary and at their own risk. XPme does not verify or guarantee the safety, quality, legality, or availability of any experiences, businesses, or user-generated content on the Platform.
12.4 Users acknowledge that XPme is a free service and that no financial transactions occur between users and XPme. As such, XPme shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, reputational harm, or business interruption resulting from the use of or inability to use the Platform.
13. Indemnification
13.1 Users agree to indemnify, defend, and hold harmless XPme, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
Their use or misuse of the Platform.
Violation of these Terms.
Infringement of third-party rights, including intellectual property, privacy, or publicity rights.
Any disputes or interactions between users or third parties related to XPme.
14. Third-Party Services and External Links
14.1 XPme may contain links to third-party websites, applications, or businesses. These links are provided for convenience and do not imply endorsement, approval, or responsibility by XPme.
14.2 XPme does not control, review, or guarantee the quality, accuracy, legality, or safety of third-party services. Users acknowledge that any engagement with third-party businesses, services, or experiences is solely at their own risk.
14.3 XPme shall not be liable for any damages, losses, injuries, or disputes arising from user interactions with third-party services, whether accessed through links or recommendations on the Platform.
15. Payments, Refunds, and Subscription Terms (If Applicable)
15.1 XPme may offer premium features, subscriptions, or paid content in the future. By purchasing any XPme services, users agree to the specified pricing, billing cycles, and payment terms.
15.2 Payments are processed through third-party payment providers. XPme does not store credit card or payment information and is not responsible for any payment processing issues.
15.3 Unless otherwise stated, all sales are final and non-refundable. Users seeking refunds must contact the third-party payment provider for resolution.
15.4 XPme reserves the right to change pricing, features, or billing structures at any time with prior notice.
16. User-Generated Content and Reporting Policy
16.1 Users are solely responsible for any content they submit, post, or share on XPme. XPme does not actively monitor all content but reserves the right to remove, restrict, or report any content that violates these Terms.
16.2 Prohibited content includes, but is not limited to:
Hate speech, harassment, threats, or violent content.
Illegal activities, drug-related content, or criminal behavior.
Misinformation, fraud, or misleading claims.Explicit, pornographic, or sexually suggestive material.
Personal, private, or sensitive information about others without consent.
16.3 Users may report inappropriate content using the in-app reporting system. XPme will review reports and take appropriate action, which may include content removal, warnings, or account suspensions.
17. Force Majeure
17.1 XPme shall not be liable for any failure, delay, or disruption in service caused by factors beyond its reasonable control, including but not limited to:
Natural disasters, pandemics, or extreme weather events.
Cyberattacks, hacking, or data breaches.
Government actions, legal restrictions, or regulatory changes.
Technical failures, power outages, or third-party service interruptions.
17.2 In such cases, XPme will make reasonable efforts to restore services but bears no liability for losses incurred due to force majeure events.
18. Contact Information
18.1 For inquiries or support regarding these Terms, contact:
XPme Support Email: hello@xpme.app Website: https://www.xpme.app/support
18.2 By using XPme, you confirm that you have read, understood, and agreed to these Terms and Conditions in their entirety.