Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Exorra, Inc. ("Exorra," "we," "us," or "our") governing your access to and use of the Exorra marketplace platform, including our website, mobile applications, and related services (collectively, the "Services").
Important Legal Agreement
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.
These Terms apply to all users of the Services, including visitors, registered users, sellers, buyers, and any other users who access or use the Services. You must read and agree to these Terms before using our Services.
Additional Terms
Certain features of our Services may be governed by additional terms and conditions, including:
- Seller Terms and Conditions
- Payment Processing Terms
- API Terms of Use
- Community Guidelines
Description of Services
Exorra operates an online marketplace platform that connects buyers and sellers of unique products and services. Our Services include:
Platform Features
- Marketplace: A platform for listing, discovering, and purchasing products and services
- User Accounts: Registration and profile management for buyers and sellers
- Communication Tools: Messaging system between users
- Payment Processing: Secure payment handling through third-party processors
- Review System: User feedback and rating capabilities
- Search and Discovery: Tools to find relevant products and services
Third-Party Services
Our platform integrates with various third-party services including:
- Payment processors (Stripe, PayPal)
- Shipping carriers
- Identity verification services
- Analytics and tracking tools
Platform Role
Exorra acts as an intermediary platform. We do not own, sell, or control the products and services listed by sellers. Transactions are between buyers and sellers directly.
User Eligibility
Age Requirements
- You must be at least 13 years old to create an account
- Users under 18 must have parental or legal guardian consent
- Users under 18 cannot make purchases without adult supervision
Legal Capacity
By using our Services, you represent and warrant that:
- You have the legal right and capacity to enter into these Terms
- You are not prohibited from using the Services under applicable law
- Your use of the Services will not violate any laws or regulations
- All information you provide is accurate and truthful
Prohibited Users
You may not use our Services if you:
- Are located in a country subject to U.S. export restrictions
- Are listed on any U.S. government list of prohibited parties
- Have been previously suspended or banned from Exorra
- Are a competitor using the platform to gather intelligence
Account Verification
We reserve the right to verify your identity and eligibility at any time. Failure to provide requested verification may result in account suspension or termination.
User Accounts
Account Creation
To access certain features, you must create an account by providing:
- Valid email address
- Secure password
- Basic profile information
- Additional verification documents for sellers
Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized access
- Using strong passwords and enabling two-factor authentication
Account Information
You agree to:
- Provide accurate, current, and complete information
- Update information promptly when it changes
- Not impersonate any person or entity
- Not create multiple accounts without permission
Account Sharing
You may not share your account credentials with others or allow others to access your account. Each user must maintain their own individual account.
User Conduct
Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not:
Prohibited Content
- Post illegal, harmful, or offensive content
- Infringe on intellectual property rights
- Distribute spam, malware, or harmful code
- Share false, misleading, or deceptive information
- Post content that violates privacy rights
Prohibited Activities
- Manipulate prices or engage in fraudulent activities
- Circumvent or disable security features
- Scrape or harvest data from the platform
- Interfere with the platform's operation
- Create fake accounts or reviews
Seller-Specific Conduct
If you are a seller, you additionally agree to:
- Accurately describe all products and services
- Honor all sales and provide items as described
- Comply with applicable laws and regulations
- Provide reasonable customer service
- Not sell prohibited or restricted items
Enforcement
Violation of these conduct rules may result in warnings, account suspension, permanent banning, or legal action depending on the severity of the violation.
Listings and Sales
Seller Responsibilities
As a seller, you are responsible for:
- Creating accurate and complete product listings
- Setting appropriate prices and shipping costs
- Maintaining adequate inventory
- Processing orders promptly
- Providing tracking information
- Handling customer service inquiries
Listing Requirements
All listings must:
- Contain accurate descriptions and images
- Include all relevant terms and conditions
- Specify shipping and return policies
- Comply with category guidelines
- Not violate intellectual property rights
Prohibited Items
You may not list or sell:
- Illegal or regulated items
- Stolen or counterfeit goods
- Hazardous or dangerous materials
- Adult content or services
- Items that infringe intellectual property
- Digital products without proper licensing
Buyer Responsibilities
As a buyer, you agree to:
- Pay for items you purchase
- Provide accurate shipping information
- Communicate respectfully with sellers
- Follow return and refund policies
- Report issues promptly
Listing Approval
We reserve the right to review, approve, reject, or remove any listing at our discretion to maintain platform quality and safety.
Payments and Fees
Platform Fees
Exorra charges the following fees:
- Transaction Fee: 2% of each completed sale
- Payment Processing: Standard payment processor fees
- Listing Fees: Optional fees for featured listings
- Withdrawal Fees: $2.5 per withdrawal
Payment Processing
All payments are processed through secure third-party payment processors. By using our Services, you agree to:
- Provide valid payment information
- Authorize payment processing
- Comply with payment processor terms
- Accept responsibility for payment disputes
Seller Payments
For sellers:
- Payments are held until delivery confirmation
- Minimum withdrawal amount: $50
- Withdrawals processed within 1-3 business days
- Valid tax information required for payments
Refunds and Cancellations
Refund policies are set by individual sellers, subject to our platform guidelines:
- Cancellations allowed within 1 hour of purchase
- Disputes handled through our resolution process
- Exorra may issue refunds for policy violations
- Chargeback fees may apply for disputed payments
Tax Obligations
Users are responsible for all applicable taxes related to their transactions. Sellers must comply with tax reporting requirements in their jurisdiction.
Disputes and Returns
Dispute Resolution Process
When disputes arise between buyers and sellers:
- Direct Communication: Parties should first attempt to resolve issues directly
- Platform Mediation: If direct resolution fails, contact our support team
- Investigation: We review evidence from both parties
- Decision: We make a final determination based on our policies
Return Policies
Each seller sets their own return policy, which must:
- Be clearly stated in the listing
- Comply with applicable laws
- Allow returns for significantly not-as-described items
- Specify return timeframes and conditions
Buyer Protection
Our Buyer Protection covers:
- Items significantly not as described
- Items that arrive damaged due to shipping
- Items that never arrive
- Transactions involving policy violations
Dispute Limitations
Disputes must be reported within:
- 48 hours for damaged items
- 7 days for not-as-described items
- 30 days for non-delivery issues
- 60 days maximum for any dispute
Final Decisions
Our dispute resolution decisions are final. We reserve the right to limit or deny dispute claims that are frivolous, abusive, or violate our policies.
Intellectual Property
Platform Ownership
Exorra owns all rights to:
- The platform software and technology
- Exorra trademarks, logos, and brand elements
- Platform design and user interface
- Proprietary algorithms and systems
User Content License
By posting content on our platform, you grant Exorra:
- Non-exclusive license to use, display, and distribute your content
- Right to modify content for platform optimization
- Permission to use content for marketing and promotion
- Right to remove content that violates our policies
Copyright Infringement
We respect intellectual property rights and will respond to valid DMCA notices:
- Submit takedown notices to our designated agent
- Include all required DMCA information
- We will investigate and remove infringing content
- Repeat infringers may have accounts terminated
Trademark Policy
Users may not:
- Use Exorra trademarks without permission
- Create confusingly similar marks
- Infringe on third-party trademark rights
- Use trademarks in meta tags or advertising
IP Violation Consequences
Intellectual property violations may result in immediate account suspension, content removal, and potential legal action.
Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Collection
We collect information necessary to provide our Services, including:
- Account and profile information
- Transaction and payment data
- Communication records
- Usage and analytics data
Data Sharing
We may share your information:
- With other users as necessary for transactions
- With service providers who assist our operations
- As required by law or legal process
- To protect our rights and safety
Data Security
We implement appropriate security measures to protect your information, but cannot guarantee absolute security. You are responsible for maintaining the security of your account.
Your Privacy Rights
You have certain rights regarding your personal information, including the right to access, correct, or delete your data. See our Privacy Policy for details.
Disclaimers
Service Availability
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our Services will be uninterrupted, secure, or error-free.
Third-Party Content
Exorra does not control, endorse, or assume responsibility for any content, products, or services offered by third-party sellers. Users engage with sellers at their own risk.
No Warranty Disclaimer
To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Warranties of merchantability and fitness for a particular purpose
- Warranties regarding the accuracy or completeness of content
- Warranties that the Services will meet your requirements
- Warranties regarding third-party products or services
Platform Limitations
We are not responsible for:
- The quality, safety, or legality of items listed
- The truth or accuracy of listings
- The ability of sellers to complete transactions
- The ability of buyers to pay for items
User Responsibility
You acknowledge that use of our Services involves inherent risks and you assume all risks associated with your use of the platform.
Limitation of Liability
To the maximum extent permitted by applicable law, Exorra and its affiliates, officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Damages Limitation
Our total liability to you for any damages arising from your use of our Services shall not exceed:
- The amount you paid to Exorra in the 12 months preceding the claim, or
- $100, whichever is greater
Excluded Damages
We shall not be liable for:
- Lost profits, revenue, or business opportunities
- Data loss or corruption
- Cost of substitute products or services
- Personal injury or property damage
- Emotional distress or reputational harm
User Indemnification
You agree to indemnify and hold harmless Exorra from any claims, damages, losses, or expenses arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Content you post on the platform
Jurisdictional Limitations
Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
Termination
Termination by You
You may terminate your account at any time by:
- Contacting our support team
- Using the account deletion feature
- Ceasing use of our Services
Termination by Exorra
We may suspend or terminate your account immediately if:
- You violate these Terms or our policies
- You engage in fraudulent or illegal activities
- We receive valid legal requests
- Your account poses security risks
- You fail to pay required fees
Effect of Termination
Upon termination:
- Your right to use the Services ceases immediately
- Outstanding transactions may continue under these Terms
- We may retain certain information as required by law
- You remain liable for any outstanding obligations
Survival
The following provisions survive termination:
- Payment obligations
- Intellectual property rights
- Limitation of liability
- Dispute resolution
Data Retention
After termination, we may retain your data as described in our Privacy Policy and as required by law, including for tax and legal compliance purposes.
Governing Law and Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in New York County, New York.
Arbitration Agreement
Most disputes can be resolved through our customer service team. For disputes that cannot be resolved informally, you agree to binding arbitration instead of court proceedings.
Arbitration Rules
- Arbitration conducted under American Arbitration Association rules
- Single arbitrator selected by mutual agreement
- Arbitration held in New York, NY or via telephone/video
- Each party bears their own costs and fees
Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitrations.
Exceptions to Arbitration
The following disputes are not subject to arbitration:
- Disputes relating to intellectual property
- Small claims court proceedings
- Injunctive or equitable relief requests
- Government agency proceedings
30-Day Right to Opt Out
You have 30 days from account creation to opt out of arbitration by sending written notice to our legal team. Opting out does not affect other Terms.
Changes to These Terms
We may modify these Terms from time to time to reflect changes in our Services, applicable law, or business practices.
Notification of Changes
We will notify you of material changes by:
- Email to your registered address
- Prominent notice on our platform
- In-app notifications
- Updates to the "Last Modified" date
Acceptance of Changes
Your continued use of our Services after changes take effect constitutes acceptance of the new Terms. If you do not agree to changes, you must stop using our Services.
Material Changes
For significant changes that affect your rights, we will:
- Provide at least 30 days advance notice
- Clearly explain the changes
- Give you the option to terminate your account
- May require explicit acceptance for continued use
Review Regularly
We recommend reviewing these Terms periodically to stay informed of any changes. It is your responsibility to check for updates.