Summary
Welcome to Xper! These Terms of Service constitute a binding legal agreement between you and Xper. While it is crucial that you read the full document, we have prepared a quick overview of the essentials for your convenience:
- a) Strict Age Limit: You must be at least 18 years old to access or use Xper. Our platform is exclusively for adults. If you are under 18, you are strictly prohibited from using our services.
- b) Your Content, Your Responsibility: We are a neutral platform and do not control what users post. You are solely liable for your words, actions, and the content you upload. While we assume no liability for user-generated content, we reserve the right to remove inappropriate materials and ban violating accounts immediately at our sole discretion.
- c) Intellectual Property & Rights: Respect the rights of others. You must own the copyright to the content you post. If you post content that belongs to someone else (infringement) or violates privacy rights, you alone bear the full legal responsibility, and Xper shall be held harmless.
- d) Requesting a Copy: This Agreement is available electronically. However, if you require a physical non-electronic copy of this Agreement for legal reasons, please contact our support team via Settings > Feedback within the app.
1. Types of Content & Community Standards
To provide a free, casual, yet safe community, we encourage every member to express their authentic selves. However, to protect our users, we strictly prohibit certain types of content. By using Xper, you agree not to post, upload, display, or share any content that:
- Contains language or imagery that acts to harass, bully, intimidate, assault, or stalk any other person, or which creates a hostile environment;
- Is obscene, pornographic, or sexually explicit (including explicit descriptions of sexual acts), or promotes non-consensual sexual content (revenge porn) or sexual violence;
- Is abusive, insulting, threatening, or promotes racism, sexism, hatred, bigotry, or physical harm of any kind against any group or individual based on protected characteristics;
- Encourages, promotes, or provides instructions for any illegal activity including, without limitation, terrorism, human trafficking, inciting racial hatred, or acts that constitute a criminal offense;
- Is defamatory, libelous, or knowingly false;
- Involves the transmission of "junk mail," "chain letters," or "spam," or is used for commercial solicitation, fraud, or to swindle money from other users (e.g., crypto/investment scams);
- Depicts or disseminates private information or images of another person without their explicit consent;
- Contains images of children (any person under 18), even if adults are also present in the photo, or content that endangers minors in any way.
Zero-Tolerance Enforcement: Xper operates a strict zero-tolerance policy for such content. You are fully and solely responsible for, and assume all liability related to, the content you post. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content immediately and terminating your membership without refund. We may also report such violations to law enforcement authorities as required by applicable law.
2. Acknowledgement and Acceptance of Terms
- a) Binding Agreement: By accessing, creating an account, or using Xper, you agree to be bound by the terms and conditions of this Agreement and the Xper Privacy Policy. If you do not accept and agree to be bound by all of these terms, please do not use our Service.
- b) Eligibility (Age & Capacity): You must be at least 18 years of age to register as a member of Xper or use the App. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. Membership in the Service is void where prohibited by local law.
- c) Non-Electronic Copy: This Agreement is available electronically. If you strictly require a non-electronic copy of this Agreement for legal purposes, please contact Xper support via Settings > Feedback within the application.
3. Eligibility
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Xper and are not using the Services for reasons that are in competition with Xper or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has embargoed, identified as a "Specially Designated National," or placed on the Commerce Department's Table of Deny Orders.
4. Creating Account
You agree to create only one unique profile for use of the Services. To ensure safety and authenticity, you will not include any telephone numbers, street addresses, URLs, email addresses, financial information, or material that does not belong to you (such as images downloaded from external sources) in your profile or any publicly viewable User Content. Additionally, you will not include your last name in your dating profile. You understand and agree that any information you choose to make publicly available may be viewed by anyone, and you do so entirely at your own risk.
5. Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or have an Xper account.
- a) Termination by You: You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service. IMPORTANT: If you have a subscription managed by a third party (e.g., Apple App Store or Google Play), deleting your account or removing the App from your device does NOT cancel your subscription. You must cancel your subscription directly with the App Store or Google Play to avoid further charges.
- b) Termination by Xper: We may terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in our sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
- c) Survival: After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied (including, without limitation, provisions regarding ownership, content rights, disclaimers, limitation of liability, and dispute resolution).
6. No Commercial Use
The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, user photos, text, graphics, designs, and code) in connection with any commercial endeavors.
Strictly Prohibited Commercial Activities Include: (a) Advertising or soliciting any user to buy or sell any products or services (e.g., selling "premium" photos, promoting OnlyFans/Fansly links, or soliciting Venmo/CashApp payments); (b) Soliciting others to attend parties, social functions, or networking events for commercial purposes; (c) Using any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without their prior explicit consent.
Organizations & Data Harvesting: Organizations, companies, and/or businesses may not use the Service for any purpose. Xper may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames, user IDs, or email addresses by electronic or other means (e.g., "scraping" or "crawling") for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
7. Account Security
You are responsible for maintaining the confidentiality of your login credentials (username, password, or authentication tokens), and you are solely and fully responsible for all activities that occur under your account, including the purchase of any Paid Services.
You agree to: (a) Immediately notify Xper if you suspect any unauthorized use of your account or any other breach of security; (b) Not share your account credentials with anyone else, nor allow others to access or use your account; (c) Use particular caution when accessing your account from a public or shared device so that others are not able to view or record your personal information.
Liability Disclaimer: You acknowledge that Xper is not responsible for any loss or damage arising from the theft, misappropriation, or unauthorized use of your login credentials. If you lose access to your account, you understand that we may not be able to recover it if ownership cannot be verified.
8. Interaction with Other Users
- a) No Background Checks (Sole Responsibility): You are solely responsible for your interactions with other users. You understand that Xper currently does not conduct criminal background checks or screenings on its users. We also do not inquire into the backgrounds of all of our users or attempt to verify the statements of our users. Xper makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. We reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches) at any time and using available public records, but we are under no obligation to do so.
- b) Release of Liability: XPER IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS PARTNERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICE.
- c) Safety & Financial Warning: You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should strictly avoid providing your financial information (e.g., credit card, bank account, or crypto wallet details) to other users. You understand that Xper makes no guarantees regarding your ultimate compatibility with individuals you meet through the Service.
9. Legal Responsibility for the Content Posted by You
- a) Sole Responsibility & Warranty: You are solely responsible for all content that you post, upload, transmit, or display (collectively, "Content"). You represent and warrant that: (i) All information you submit is accurate, truthful, and updated; (ii) You own the Content or have the necessary licenses to post it; and (iii) Your Content does not violate the privacy, publicity, copyright, or other rights of any person.
- b) License Grant: By posting Content, you grant Xper an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up license to use, copy, display, reproduce, adapt, modify, and distribute such Content. This license is required for us to operate the Service and display your profile to other users.
- c) No Obligation to Monitor: We have the right, but not the obligation, to monitor or review any Content you post. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or harms the reputation of the Service.
- d) Prohibited Content (Specific Restrictions): In addition to the rules in Section 1, you strictly agree NOT to post any Content that: (i) Is Malicious: Contains viruses, time bombs, malware, or other harmful code; (ii) Is Fraudulent: Requests money, crypto-currency, or is intended to defraud other users (e.g., romance scams, investment fraud); (iii) Is Commercial: Promotes commercial activities, sales, contests, or advertising without our prior written consent; (iv) Is Illegal: Promotes illegal activities, including drugs, weapons, or making of illegal items; (v) Is Infringing: Violates another person’s copyright, trademark, or trade secret; (vi) Is Deceptive: Impersonates any person or entity, or misrepresents your affiliation with a person or entity; (vii) Is Spam: Involves "junk mail," "chain letters," or unsolicited mass mailing.
- e) Legal Compliance & Enforcement: Your use of the Service must comply with all applicable laws. Xper reserves the right to investigate and take legal action against violators, including terminating your account and reporting you to law enforcement authorities. We may access, preserve, and disclose your account information if required by law or to protect the safety of our users.
10. Prohibited Activities
The Company reserves the right to investigate, suspend, and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
The following is a list of actions that you strictly agree NOT to engage in. You will not:
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Solicit money, investments, or crypto-currency from any users, or ask users to conceal the identity, source, or destination of any illegally gained money or products.
- Stalk, intimidate, threaten, or otherwise harass any person.
- Post any Content that is prohibited by Section 9.
- Use the Service for any illegal purpose, or in violation of any local, state, national, or international law.
- Use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other users' data, including usernames and email addresses.
- Interfere with or disrupt the Service, servers, or networks connected to the Service, or transmit any viruses, malware, or other harmful code.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- Frame or mirror any part of the Service without the Company's prior written authorization, or use meta tags or code to direct persons to any other website for commercial purposes.
11. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a URL);
- Your address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at the following email address: xper.app@outlook.com.
Repeat Infringer Policy: In accordance with applicable law, Xper has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers.
12. Report Concern
If you wish to report any violation of this Agreement by others, including Members, you may do so by using the "Report This Profile" button or similar button or link on the Services or by contacting us via Settings > Feedback.
13. AUTOMATIC RENEWAL OF YOUR MEMBERSHIP
- 13.1 IN ORDER TO PROVIDE CONTINUOUS SERVICE, XPER AUTOMATICALLY RENEWS YOUR SUBSCRIPTION MEMBERSHIP PACKAGE (E.G., 1-MONTH, 3-MONTHS, OR 6-MONTHS) ON THE DATE SUCH SUBSCRIPTION EXPIRES.
- 13.2 BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT, AND YOUR ACCOUNT WILL BE SUBJECT TO THIS AGREEMENT. BECAUSE THE SERVICE IS PROVIDED ON A SUBSCRIPTION BASIS, YOU ARE OBLIGATED TO MAKE PAYMENTS FOR EACH RENEWAL PERIOD unless you cancel properly.
- 13.3 THE CHARGES TO YOUR ACCOUNT AS PART OF THE AUTOMATIC RENEWAL PROCESS WILL BE THE SAME AS THE INITIAL CHARGE, UNLESS WE NOTIFY YOU OTHERWISE IN ADVANCE (AND OBTAIN YOUR CONSENT WHERE REQUIRED BY APP STORE RULES).
- 13.4 IMPORTANT - HOW TO CANCEL: IF YOU DO NOT WISH TO HAVE YOUR MEMBERSHIP AUTOMATICALLY RENEWED, YOU MUST CANCEL THE SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD. PLEASE NOTE: BECAUSE YOUR SUBSCRIPTION IS MANAGED BY A THIRD PARTY (APPLE APP STORE OR GOOGLE PLAY STORE), SENDING AN EMAIL TO XPER WILL NOT CANCEL YOUR SUBSCRIPTION. YOU MUST GO TO YOUR DEVICE'S "SUBSCRIPTIONS" SETTINGS TO CANCEL. CANCELLATION UNDER THOSE CIRCUMSTANCES IS A MATTER OF YOUR AGREEMENT WITH THAT THIRD PARTY, OVER WHICH XPER HAS NO CONTROL.
- 13.5 DEATH OR DISABILITY: IF BY REASON OF DEATH OR DISABILITY YOU ARE UNABLE TO RECEIVE THE SERVICE PURSUANT TO THIS AGREEMENT, YOU OR YOUR ESTATE MAY ELECT TO BE RELIEVED OF THE OBLIGATION TO MAKE PAYMENTS FOR SERVICES OTHER THAN THOSE RECEIVED BEFORE DEATH OR THE ONSET OF DISABILITY. IF A PHYSICIAN DETERMINES THAT THE DURATION OF YOUR DISABILITY WILL BE LESS THAN SIX MONTHS, XPER MAY EXTEND THE TERM OF THIS CONTRACT FOR A PERIOD OF SIX MONTHS AT NO ADDITIONAL CHARGE TO YOU IN LIEU OF CANCELLATION.
14. MEMBER'S RIGHT TO CANCEL CONTRACT
- 14.1 YOU MAY CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SIGNED THIS AGREEMENT ELECTRONICALLY (EXCLUDING SUNDAYS AND HOLIDAYS).
- 14.2 TO CANCEL THIS AGREEMENT DURING THIS THREE-DAY PERIOD, YOU MUST EMAIL A SIGNED AND DATED NOTICE WHICH STATES THAT YOU ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE SHALL BE SENT TO XPER AT: xper.app@outlook.com.
15. In-App Purchases and Payment Terms
- 15.1 Payment Methods: The Service may offer products and services for purchase ("In-App Purchases") through iTunes, Google Play, or other external services authorized by Xper (each, an "External Service"). Prices are displayed in the Service, may vary by country, and are subject to change without notice. If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable External Service, and your account will be charged at the prices displayed to you for the service(s) selected as well as any sales or similar taxes that may be imposed on your payments.
- 15.2 Refunds (Strict Policy): GENERALLY, ALL CHARGES FOR IN-APP PURCHASES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Because your purchase is processed by an External Service (Apple or Google), Xper does not have the ability to process refunds directly. If you require a refund, you must contact the External Service directly:
- iOS Users: Contact Apple Support.
- Android Users: Contact Google Play Support. Exceptions to this policy may apply if required by applicable laws in your jurisdiction.
- 15.3 Free Trials: If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your payment method will be charged at the end of the trial period. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.
16. Disclaimers and Limitation of Liability
- 16.1 Official Channels & Anti-Phishing: Please be acknowledged that Xper is currently available only on Google Play and the Apple App Store for mobile devices. We DO NOT have any PC website or PC application for login. Our official website is: xper.de5.net. Xper accepts no liability for any damage caused by third-party phishing websites or unauthorized applications claiming to be us.
- 16.2 "AS IS" Disclaimer: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
- 16.3 LIMITATION OF LIABILITY (IMPORTANT): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XPER, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES (INCLUDING HARASSMENT OR DEFAMATION); OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.
17. Governing Law, Dispute Resolution & Final Terms
- 17.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China (without regard to its conflict of law principles).
- 17.2 Dispute Resolution (Arbitration): Any dispute arising out of or relating to this Agreement, including its validity, interpretation, or performance, shall be submitted to the Chengdu Arbitration Commission for arbitration in Chengdu, China. The arbitration award shall be final and binding on both parties.
- 17.3 Class Action Waiver: YOU AND XPER 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.
- 17.4 Entire Agreement: This Agreement, along with the Privacy Policy and any other guidelines provided in the App, constitutes the entire agreement between you and Xper regarding the use of the Service.
- 17.5 Contact Us: If you have any questions about this Agreement, please contact us via Settings > Feedback or email us at: xper.app@outlook.com.
