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Version 1.0.0 · Effective March 3, 2026

Xportpark Terms of Service (Professional Users)

These Terms of Service ("Terms") govern your access to and use of Xportpark websites, applications, products, and services (collectively, the "Services"), including on subdomains such as xportpark.com, app.xportpark.com, openaccount.xportpark.com, and founder.xportpark.com.

By accessing or using the Services, you agree to these Terms and our incorporated policies, including our Privacy Policy, Cookie Policy, Acceptable Use Policy, Community Guidelines, Trade Compliance Policy, and Refund/Cancellation Policy (collectively, "Policies"). If you do not agree, do not use the Services.

1) Professional Platform Only (Phase 1)

Xportpark is a professional platform intended for:

  • Businesses and organizations, and
  • Professional individuals, including freelancers, sole proprietors, consultants, and independent contractors (each, a "Professional Individual").

You confirm that you are using Xportpark for professional/business purposes and not for personal consumer use.

2) Eligibility

You must:

  • Be at least 18 years old.
  • Have the legal capacity to enter into these Terms.
  • If using the Services on behalf of a company or organization, you represent you have authority to bind that entity. In that case, "you" and "your" refer to the entity.

The Services are not directed to children. We do not knowingly allow persons under 18 to create Accounts.

3) Definitions (key terms)

  • "Account" means your registered user account.
  • "Content" means text, images, files, posts, messages, documents, and other content submitted or displayed via the Services.
  • "Community" means professional community features such as posts, comments, reactions, and profiles.
  • "OpenAccount" means a paid onboarding/activation service described in the OpenAccount Addendum.
  • "Verified" / "Verification" refers to identity, business, and/or compliance checks (which may involve third-party providers).
  • "Trade Activity" includes inquiries, RFQs, offers, sourcing discussions, contracts, logistics coordination, and related actions.

4) Account Registration & Security

You agree to:

  • Provide accurate and complete information.
  • Maintain and update your information.
  • Keep credentials secure and not share your Account.
  • Notify us promptly of suspected unauthorized access.

You are responsible for all activity under your Account.

5) Verification, Trust Signals, and KYB/KYC

Certain features may require Verification (including KYB/KYC) or additional information. You agree that:

  • We may request documents or information to verify identity, business details, or compliance risk.
  • Verification outcomes may include approved, pending, needs more information, or rejected.
  • Trust signals, badges, and reputation scores are not guarantees of performance or legitimacy; they are signals based on platform activity and available data.

6) Xportpark's Role (Platform; No Agency)

Xportpark provides infrastructure and tools to help professional users discover, connect, communicate, and operate trade-related workflows. Unless explicitly stated in an addendum:

  • We are not a buyer, seller, broker, freight forwarder, insurer, bank, escrow agent, or customs agent.
  • We do not guarantee outcomes, performance, delivery, payment, or the legitimacy of users.
  • You are responsible for your own due diligence and independent decision-making.

7) Trade Compliance (Sanctions, Export Controls, Prohibited Trade)

You agree to comply with all applicable laws and regulations, including trade, customs, anti-corruption, sanctions, export controls, and anti-money laundering rules, where applicable.

You must not use the Services to:

  • Engage in prohibited, illegal, or restricted trade activities.
  • Offer or request prohibited goods/services (including illegal controlled goods or trade that violates sanctions/export controls).
  • Deal with restricted parties where prohibited by applicable law.

We reserve the right to restrict, suspend, terminate, or report activity to comply with law, protect the platform, or manage risk, consistent with our Trade Compliance Policy.

8) Payments, Fees, Subscriptions, and Taxes

Some Services require payment (e.g., OpenAccount fees, subscriptions, upgrades). You agree that:

  • Payments may be processed by third-party payment processors.
  • Fees may be non-refundable except as stated in our Refund/Cancellation Policy or a product addendum.
  • You are responsible for any applicable taxes, duties, or government charges unless we state otherwise.

9) Community & Content

The Services may include Community features. You remain responsible for your Content.

9.1 Content rules

You must follow our Community Guidelines and Acceptable Use Policy. Prohibited Content includes (non-exhaustive):

  • Fraud, scams, impersonation, or misleading claims
  • Harassment, threats, hate speech, or violent content
  • Illegal trade facilitation
  • Malware, phishing, or attempts to compromise systems
  • Infringing content (copyright/trademark violations)

9.2 Moderation and enforcement

We may remove Content, limit visibility, restrict features, or suspend/terminate Accounts for violations or risk management. We may provide an appeal mechanism where practical.

9.3 Content visibility

Some profile and Community information may be visible to other users depending on your settings and the feature design.

10) Intellectual Property

10.1 Our IP

The Services, including software, design, trademarks, logos, and content we provide, are owned by or licensed to Xportpark and protected by law. You may not copy, modify, distribute, sell, or reverse engineer the Services except where permitted by law.

10.2 Your Content license

You retain ownership of your Content, but you grant Xportpark a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your Content only as needed to operate, improve, and provide the Services, including to display it to other users consistent with your settings.

10.3 Feedback

If you provide feedback or suggestions, you grant Xportpark the right to use them without restriction or compensation.

11) Third-Party Services

The Services may integrate or link to third-party services. Xportpark is not responsible for third-party services, terms, policies, or performance. Your use of third-party services is governed by their terms.

12) Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided "AS IS" and "AS AVAILABLE." Xportpark disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

13) Limitation of Liability

To the maximum extent permitted by law:

  • Xportpark will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, goodwill, data, or business opportunities.
  • Xportpark's total liability for all claims relating to the Services will not exceed the greater of (a) the amount you paid to Xportpark for the Services in the 12 months before the event giving rise to the claim, or (b) USD $100.

Some jurisdictions do not allow certain limitations. In that case, limitations apply to the fullest extent permitted.

14) Indemnification

You will indemnify and hold harmless Xportpark and its affiliates, directors, officers, employees, and agents from claims, damages, liabilities, and expenses (including reasonable attorney fees) arising out of your use of the Services, your Content, or your violation of these Terms or applicable law.

15) Suspension & Termination

We may suspend or terminate your Account or access to the Services if:

  • You violate these Terms or Policies
  • We reasonably suspect fraud, abuse, security risk, or illegal activity
  • We must do so to comply with law or manage platform risk

You may stop using the Services at any time. Termination does not remove obligations you incurred before termination.

16) Changes to the Services or Terms

We may update the Services or these Terms. We will post the updated version with a new effective date. If changes are material, we may provide additional notice and/or require re-acceptance.

17) Governing Law; Disputes; Venue

These Terms are governed by the laws of the State of California, USA, excluding conflict-of-law rules.

You agree that any dispute arising out of or relating to these Terms or the Services will be brought in the state or federal courts located in San Francisco County, California, and you consent to jurisdiction and venue there — except that either party may seek injunctive relief in any court to prevent misuse, fraud, or IP infringement.

18) Notices & Contact

Legal notices: legal@xportpark.com

Privacy inquiries: privacy@xportpark.com

Compliance reports: compliance@xportpark.com

Support: support@xportpark.com

Mailing address:
Xportpark Inc.
166 Geary Street, 15th Floor Suite 68, San Francisco, California, 94108, USA

19) Language

The English version controls. Any translations are for convenience only.

Schedule A — Professional User Confirmation (Phase 1)

You confirm you are using the Services in a professional capacity as a business user or Professional Individual, and not primarily for personal consumer purposes.

Schedule B — Product Addenda

Your use of certain Services is subject to addenda, including:

  • OpenAccount Addendum (for openaccount.xportpark.com)
  • Founder Program Addendum (if/when published)
  • Future addenda for Wallet/Finance features (Phase 2)