Terms of Service

Last Updated: April 3, 2025

Thank you for using XTIX! These Terms of Service ("Terms") govern your access to and use of our platform and services. Certain supplementary terms may apply, depending on your role. For example, Organizers (those who create and manage events) are subject to our Organizer Services Agreement ("Organizer Agreement"), which is incorporated by reference herein. If there is any conflict between these Terms and the Organizer Agreement, the Organizer Agreement shall prevail for Organizers. Fans (ticket purchasers) should also review relevant sections on purchasing tickets and refunds.

Please read these Terms carefully because they contain important information about your legal rights, remedies, and obligations. By continuing to access or use our services, you agree to be bound by these Terms.

1. Acceptance of These Terms

1.1 Agreement to Terms

By accessing or using the XTIX website, mobile applications, or other platforms (collectively, the "Platform"), you agree to be bound by these Terms, our Privacy Policy, and any other legal notices or additional terms incorporated by reference. If you do not agree to these Terms, please do not use our services.

1.2 Additional Agreements

  • If you are creating or hosting events ("Organizer"), you must also agree to the Organizer Services Agreement.
  • If you are purchasing tickets or registering for events ("Fan"), you should note the sections relevant to ticket sales, refunds, and cancellations.

1.3 Updates and Continued Use

These Terms may be updated periodically as set forth in Section 16 (Modifications). Each time you access or use the Platform, you agree to be bound by the then-current version of these Terms. If you continue to use the Platform after an update's effective date, you indicate your acceptance of the revised Terms.

2. Who We Are

XTIX is operated by:

  • XTIX LIMITED, a company registered in Cyprus (Registration No.647235) with headquarters at Agias Zonis, 12 AGIA ZONI CENTER, 4th floor, Flat/Office 404 Agia Zoni, 3027, Limassol, Cyprus for users located outside Indonesia;
  • PT PMA XTIX Teknologi Cerdas, registered in Indonesia (Registration No. 2002250109075), with offices at JALAN RAYA SEMAT NOMOR 17B, Desa/Kelurahan Tibubeneng, Kec. Kuta Utara, Kab. Badung, Provinsi Bali, 80363, for users located in Indonesia.

References to "XTIX," "we," "us," or "our" refer to these entities, along with their affiliates, subsidiaries, officers, directors, agents, partners, and employees. Depending on your location, you may be contracting with a specific XTIX entity as outlined in Section 15 (Governing Law and Jurisdiction).

3. Definitions

  • Platform: The XTIX website (https://xtix.ai), Scanner app mobile application, and all related services.
  • User or you: Any person or entity that accesses or uses the XTIX Platform, including Fans, Organizers, and general visitors.
  • a Fan: A User who purchases or acquires a ticket or registration for an event through the XTIX Platform. The Fan enters into a direct transaction with the Organizer, who is the seller of the event and/or ticket. XTIX acts solely as a technology platform and payment facilitator.
  • Organizer: An individual or entity responsible for creating and managing an event on XTIX. (Further defined in the Organizer Services Agreement.)
  • Ticket: The right to attend an Event, purchased or otherwise obtained through the XTIX Platform from the Organizer. XTIX acts solely as a technology provider and facilitates the transaction between the Fan and the Organizer, who is the seller of record and responsible for fulfilling the Event..
  • Event: Any concert, performance, activity, workshop, seminar, or gathering created, organized, and offered by an Organizer through the XTIX Platform. XTIX provides the technology to facilitate the promotion, ticketing, and discovery of Events, but is not the creator, organizer, or provider of the Event.
  • Content: All text, data, images, photographs, videos, music, sounds, graphics, messages, reviews, and other material that is posted, uploaded, displayed, or otherwise made available on the Platform.
  • Intellectual Property: Any patents, copyrights, trademarks, service marks, trade names, domain names, and other intellectual property rights.
  • Payment Processor: A third-party payment service provider that processes payments made through the Platform.
  • Distributor/Promoter: An individual or entity that markets and sells tickets on behalf of Organizers through the XTIX Platform, often working on a Cost Per Acquisition (CPA) model or commission basis. (Further details may be defined in a separate Distributor Agreement.)

4. XTIX's Role

4.1 Intermediary Service

XTIX is a technology platform that enables Organizers to list events and a Fans to purchase tickets. XTIX is not the creator, organizer, or owner of events listed on the Platform. XTIX is not responsible for the quality, safety, legality, or accuracy of any event.

4.2 Organizer–a Fan Relationship

When you purchase or sell a ticket on the Platform, your primary contractual relationship is with the Organizer or a Fan, respectively—not with XTIX. For Organizers, additional obligations and responsibilities are outlined in the Organizer Services Agreement.

4.3 No Endorsement

XTIX does not endorse any Organizer, event, or Content on the Platform. The presence of such Organizers, events, or Content on the Platform does not imply our approval or recommendation.

5. Privacy and Communications

5.1 Privacy Policy

Your personal information is processed in accordance with our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy explains how we collect, use, store, and share your personal data.

5.2 Data Protection Compliance

We comply with applicable data protection laws in the jurisdictions where we operate and provide services. This includes:

  • The EU General Data Protection Regulation (GDPR) for users in the European Economic Area
  • Law No. 27 of 2022 on Personal Data Protection for users in Indonesia
  • Other applicable national and local data protection laws.

For more information on your data protection rights based on your location, please refer to our Privacy Policy.

5.3 Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, to resolve disputes, and to enforce our agreements. For specific retention periods, please refer to our Privacy Policy.

5.4 Cookies and Tracking

We use cookies and similar technologies to enhance your experience, analyze usage patterns, and deliver personalized content. You can manage your cookie preferences through our cookie consent tool available on the Platform or through your browser settings. For more details, see our Cookie Policy.

5.5 Communications

By using our Platform, you consent to receive communications from XTIX (e.g., service announcements, administrative messages, marketing emails). You can manage your communication preferences in your account settings or by following the unsubscribe instructions included in our communications. Please note that even if you opt out of marketing communications, we may still send you important service-related communications.

6. Accounts and Security

6.1 Account Registration

While certain portions of the Platform may be used without an account, features such as ticket purchases or event creation require registration. You must provide accurate, current, and complete information during the registration process and keep your account information updated.

6.2 Age Requirements

Users must be at least 18 years old to create an account. If you are under 18 but at least 13 years old, you may only use the Platform with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. "Involvement" means that the parent or guardian must review and approve your registration, supervise your use of the Platform, and be responsible for your activities.

6.3 Account Responsibility

You are responsible for safeguarding your account credentials (username, password, etc.) and for any activities that occur under your account. You agree to:

  • Keep your password secure and confidential
  • Not share your account with anyone else
  • Log out from your account at the end of each session
  • Notify us immediately if you suspect unauthorized access to your account or any security breach

6.4 One Account Per Person

Unless otherwise permitted by XTIX in writing, you may only maintain one active account. Duplicate accounts may be suspended or terminated at our discretion.

6.5 Account Recovery

If you forget your account credentials, you can use the account recovery tools provided on the Platform. We may require verification of your identity before restoring access.

6.6 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms, the Organizer Agreement (if applicable), or other policies, or is harmful to other Users, XTIX, third parties, or the Platform. We may also suspend or terminate your account for prolonged inactivity (usually 12 months or more).

7. Tickets, Purchases, and Payments

7.1 Ticket Purchases

By purchasing a ticket through the Platform, you enter into a transaction with the Organizer, facilitated by XTIX. You agree to abide by any event-specific terms set by the Organizer, provided those terms do not conflict with these Terms or applicable laws.

7.2 Pricing and Fees

  • Ticket Price: Set by the Organizer.
  • XTIX Service Fees:An XTIX service fee applies to each transaction. The Event Organizer either covers the fee—so it never appears separately to buyers—or transfers the fee to the Ticket Buyer, in which case it is itemized at checkout or embedded in the ticket cost. Fees charged to buyers are not refundable; fees charged to organizers are processed as refunds to the organizer.
  • Facility Fees: May be charged for certain venues.
  • Processing Fees: May be applied by our Payment Processors.
  • Taxes: May be included or added where required by applicable law.

All applicable fees will be disclosed before you complete your purchase. No hidden fees will be added after the purchase is confirmed.

7.3 Payment Processing

Payments are processed by our third-party Payment Processors. When you make a purchase, you also agree to comply with the relevant Payment Processor's terms of service.

For users outside Indonesia: We currently partner with Stripe for payment processing and are in the process of transitioning to Airwallex as our primary Payment Processor. During this transition period, either processor may be used depending on your transaction and account configuration. By using our services, you agree to comply with both the Stripe Connected Account Agreement and Airwallex Platform Agreement as applicable.

For users in Indonesia: We currently partner with Xendit as our Payment Processor and will be integrating Airwallex as an additional processor in the future. By using our services, you agree to comply with the terms of the applicable provider.

We may change our Payment Processors at any time at our discretion. Any changes to our Payment Processors will be communicated through updates to these Terms or via notifications through the Platform.

7.4 Payment Flow

When you purchase a ticket, your payment is processed as follows:

  1. Your payment information is securely transmitted to our Payment Processor
  2. The Payment Processor authorizes and captures the payment
  3. XTIX confirms the payment and issues the ticket
  4. Funds are distributed to the Organizer according to the terms in the Organizer Agreement, minus applicable fees

7.5 Organizer Payouts and Internal Accounting

XTIX provides Organizers with payout summaries and transaction reports to assist with their independent accounting, reconciliation, and tax reporting obligations. Depending on your location and payment configuration:

  • Payout Statements: XTIX issues a transaction summary including gross ticket sales, service fees, and applicable taxes and charges. This document does not represent actual fund custody.
  • Fallback Balance Tracking: In certain regions (e.g., Southeast Asia), where XTIX’s Payment Processors do not support submerchant models or split settlement, XTIX maintains an internal overview of expected net proceeds owed to each Organizer. This is used solely for reporting and payout instruction purposes.
  • Payout Timing: XTIX only initiates payout instructions after the event ends and a standard buffer period (for refunds/chargebacks) has passed. XTIX does not withhold funds during this period but compiles payout data and submits it to the Payment Processor.
  • Internal Ledger: XTIX maintains an internal accounting layer to reflect fees and commissions for visibility. It is not a legal record of funds held and does not imply escrow or fiduciary duties.

XTIX may, at its discretion, withhold payouts or delay transfer of funds if it has reason to believe an Organizer is in breach of the Terms or Organizer Services Agreement.

7.6 Currency and Currency Conversion

The Platform supports multiple currencies to accommodate our global user base. The specific currencies available may vary by region and payment method.

Currency Display and Processing:

  • Event prices may be displayed in the Organizer's preferred currency or the local currency based on your location
  • You may have the option to view and pay in different currencies depending on availability
  • For certain regions and payment methods, we offer dynamic currency conversion, allowing you to pay in your preferred currency regardless of the event's listed currency

Currency Conversion:

  • When the currency of your payment method differs from the event's currency, a conversion will occur
  • Conversion rates are determined by our Payment Processors or your financial institution
  • Conversion fees may apply and will be disclosed during checkout when applicable
  • Exchange rates are updated regularly and reflect current market rates plus any applicable margin

Payment Processing:

  • In some regions, we may process payments in the local currency and then convert to the Organizer's currency
  • In other regions, your financial institution may handle the conversion

Important Notes:

  • XTIX is not responsible for exchange rate fluctuations or conversion fees charged by your financial institution
  • The final amount charged to your payment method may differ slightly from the displayed amount due to timing differences in exchange rate updates
  • For recurring payments or subscriptions, the amount may vary with each payment due to exchange rate fluctuations

If you have questions about specific currency options available in your region, please contact our customer support.

7.7 Ticket Delivery

Your tickets will be delivered electronically via the Platform, email, or your XTIX account. You are responsible for ensuring your contact information is accurate. In some cases, physical tickets or will-call pickup may be available for certain events, as specified by the Organizer.

7.8 Ticket Transfers

Ticket transfer policies are determined by the Organizer. Some tickets may be transferable through our Platform, while others may be non-transferable. Where permitted, you may transfer tickets to others by following the transfer procedures on our Platform. Please note that some transfers may be subject to additional fees.

7.9 Ticket Inspection and Validation

XTIX or the Organizer may validate tickets at any time. You may be required to present valid ID that matches the name on the ticket. Altered, counterfeit, or otherwise invalid tickets may be refused, and admission to an event may be denied on this basis without refund.

8. Event Creation and Organizer Responsibilities

If you create or host an event on XTIX, the Organizer Services Agreement applies in addition to these Terms. Key points include:

8.1 Accuracy of Event Listings

Organizers must provide accurate event descriptions, ticket availability, pricing, venue information, and event times. Misrepresentation of events may result in account suspension and legal liability.

8.2 Delivery of Events

Organizers are solely responsible for fulfilling the event as described. This includes venue arrangements, performer contracts, staffing, event management, and ensuring that the event complies with all applicable laws and regulations.

8.3 Refunds

Organizers set refund policies but must comply with applicable consumer protection laws and any mandatory XTIX requirements. Organizers are responsible for funding all refunds unless otherwise specified in the Organizer Agreement.

8.4 Legal Compliance

Organizers must comply with all relevant laws, regulations, and card network rules. This includes obtaining necessary permits, licenses, and insurance for events.

In the event of a conflict between these Terms and the Organizer Services Agreement, the Organizer Services Agreement will govern for Organizers.

9. Refunds and Cancellations

9.1 General Refund Policy

As a general rule, all ticket sales made through the XTIX Platform are final and non-refundable. Tickets may not be exchanged or refunded after purchase unless:

  • the Event is cancelled; or

  • a refund is otherwise required by applicable law.

In certain cases, Organizers may voluntarily offer refunds in the event of significant changes to the Event (such as a change of date, venue, or key participants). In such cases, the Organizer alone is responsible for deciding whether to approve a refund.

Where payment was processed via the XTIX Platform, XTIX may assist in facilitating the refund on behalf of the Organizer, but XTIX does not determine refund eligibility and is not obligated to issue or finance any refunds.

In addition, Organizers must comply with XTIX’s Organizer Refund Policy, which are incorporated into these Terms by reference and set minimum refund obligations.

9.1.1. Organizer Policies

As a general rule, all ticket sales are final and non-refundable. Tickets cannot be exchanged or refunded after purchase unless the event is cancelled.

However, some Event Organizers may choose to offer refunds in cases of material changes to the event. Refunds are solely at the discretion of the Organizer and subject to their published refund policy. XTIX may assist in facilitating such refunds if payment was made through the XTIX Platform.

Each Organizer is solely responsible for setting and clearly communicating their own refund policy to Fans at the time of purchase. All Organizer refund policies must meet the minimum standards outlined in the XTIX Organizer Refund Policy Requirements and comply with applicable consumer protection laws.

XTIX does not determine or fund Organizer refunds, but may, at its discretion, assist in facilitating or enforcing refunds and resolving disputes where payment was made via the XTIX Platform. In the event of Organizer non-compliance or breach of refund obligations, XTIX may issue Mandatory Refunds and recover such amounts from the Organizer through deductions or invoicing, as described in the Organizer Agreement.

The Organizer remains fully responsible for the existence, scope, and funding of any refunds, unless otherwise required by law or explicitly stated in this Agreement.

9.2 XTIX Fees and Deductions

XTIX Service Fees are non-refundable, except where required by applicable law. This includes refund scenarios initiated by the Organizer or resulting from event cancellation.

XTIX retains its Service Fees in all cases, regardless of who originally paid the fee (Organizer or Fan) and regardless of whether the ticket was ultimately refunded.

Organizers are responsible for all XTIX Fees associated with their events, including service, processing, and platform fees, and these obligations remain even if the ticket transaction is later refunded, reversed, or canceled.

9.3. Event Definitions

For clarity, we define the following terms:

  • Canceled Event: An event that will not take place at all and will not be rescheduled.
  • Postponed Event: An event that will not take place on the originally scheduled date but has been or will be rescheduled.
  • Rescheduled Event: An event for which a new date, time, or venue has been set.
  • Significantly Changed Event: An event where the principal performer(s), venue, or other essential characteristic has been changed.

9.4 Event Cancellations

If an event is canceled by the Organizer, you may be entitled to a refund according to the Organizer's policy and applicable laws. XTIX will facilitate the refund process in line with the Organizer's policy.

9.5 Event Postponement or Rescheduling

If an event is postponed or rescheduled, your tickets may remain valid for the new date. Refund eligibility for postponed or rescheduled events is determined by the Organizer's policy and applicable laws.

9.6 Significantly Changed Events

If an event is significantly changed (e.g., major performer change, venue change), refund eligibility is determined by the Organizer's policy and applicable laws.

9.7 Refund Processing Timeframes

When a refund is approved, the processing time typically depends on your payment method:

  • Credit/debit card refunds typically take 5-10 business days to appear on your statement
  • Electronic funds transfers may take 3-5 business days
  • Other payment methods may have different processing times

XTIX will make reasonable efforts to ensure prompt refund processing but is not responsible for delays caused by payment processors, banks, or other financial institutions.

9.8 Force Majeure

Events may be affected by circumstances beyond the Organizer's control (force majeure), such as natural disasters, public emergencies, terrorism, labor disputes, or governmental actions. Refund policies for events affected by force majeure are determined by the Organizer and applicable laws.

9.9 Mandatory Refunds

In certain jurisdictions, mandatory consumer protection laws may override any "no refund" policy. In such cases, Organizers may be required to offer a refund irrespective of their stated policy.

9.10 Chargebacks and Disputes

If you believe you have been charged in error or have an issue with your purchase, please contact our customer support at support@xtix.ai before initiating a payment dispute with your financial institution.This allows us to address your concerns directly and potentially resolve the issue more quickly.

When you contact us about a potential dispute, please include your order number, the event details, and a description of your concern. We will respond within 5 business days.

Initiating a dispute resolution process with XTIX does not waive your legal rights to file a formal chargeback with your payment provider if the issue cannot be resolved satisfactorily..

10. Prohibited Activities

You agree not to:

10.1 Legal and Regulatory Violations

  • Violate any laws, regulations, or these Terms
  • Engage in fraudulent activities or misrepresentation
  • Use the Platform for money laundering or financing illegal activities
  • Participate in activities that violate sanctions, export controls, or trade restrictions

10.2 Content Violations

  • Post or transmit unauthorized content, including but not limited to:
    • Spam, unsolicited commercial messages, or excessive promotional content
    • Malware, viruses, or other malicious code
    • Illegal, obscene, defamatory, threatening, or harassing content
    • Content that infringes intellectual property rights
    • Content that promotes illegal activities or discrimination

10.3 Account Violations

  • Create multiple accounts without permission
  • Create accounts for others without their consent
  • Impersonate or misrepresent your affiliation with any person or entity
  • Provide false or misleading information during registration

10.4 Ticket Violations

  • Use the Platform to resell tickets at a markup above face value ("scalping") where prohibited by law or Organizer policies
  • Purchase tickets for the sole purpose of reselling them
  • Sell counterfeit or unauthorized tickets
  • Circumvent ticket quantity limits or purchasing rules

10.5 Technical Violations

  • Scrape or harvest data from the Platform using automated means without our written permission
  • Interfere with the normal functioning or security of the Platform
  • Use bots, scripts, or other automated methods to access the Platform
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Decompile, reverse engineer, or otherwise attempt to extract the source code of our Platform
  • Remove or alter any copyright, trademark, or other proprietary notices

10.6 User Interaction Violations

  • Harass, threaten, or defraud other users or XTIX staff
  • Publish personal or confidential information about others without consent
  • Engage in abusive behavior toward other users or XTIX staff

We may, at our sole discretion, suspend or terminate accounts that engage in prohibited activities. Depending on the severity of the violation, we may also take legal action and/or report violations to appropriate authorities.

11. Intellectual Property

11.1 XTIX Content

All materials on the Platform (e.g., text, graphics, logos, software) are owned by XTIX or its licensors and are protected by intellectual property laws. You may not modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, or otherwise exploit any XTIX Content without our prior written consent.

11.2 Limited License to Use Platform

Subject to your compliance with these Terms, XTIX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use or, if you are an Organizer, for creating and managing events in accordance with these Terms and the Organizer Agreement.

11.3 User Content

By posting content (comments, reviews, event descriptions, images, etc.) on the Platform, you retain ownership of your content but grant XTIX a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for the following purposes:

  • Operating, promoting, and improving the Platform
  • Developing new services
  • Marketing and advertising the Platform and services
  • Creating analytics and reports (in anonymized or aggregated form)

This license remains in effect for the duration of your content's presence on the Platform and for a reasonable period thereafter for backup, archival, and legal purposes.

11.4 User Content Representations

You represent and warrant that:

  • You own or have the necessary rights to the content you post
  • Your content does not infringe upon the rights of any third party
  • Your content complies with these Terms and all applicable laws
  • Your content is not misleading, defamatory, obscene, or otherwise objectionable

11.5 Feedback

If you provide us with feedback or suggestions regarding the Platform ("Feedback"), you assign to XTIX all rights, title, and interest in and to such Feedback. XTIX is free to use Feedback for any purpose without acknowledgment or compensation.

11.6 Copyright Infringement Claims

If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please send a notice to our designated copyright agent at copyright@xtix.com with the following information:

  • Identification of the copyrighted work you claim has been infringed
  • Identification of the material that you claim is infringing and where it is located
  • Your address, telephone number, and email address
  • A statement by you that you have a good faith belief that the disputed use is not authorized
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
  • Your physical or electronic signature

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

12.1 Platform Provided "As Is"

THE PLATFORM AND RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. XTIX DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

12.2 No Representations About Platform Performance

XTIX DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. XTIX MAKES NO REPRESENTATIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR EVENT LISTED ON THE PLATFORM.

12.3 No Endorsement

XTIX DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, EVENT, OR CONTENT ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE PLATFORM.

12.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, XTIX'S WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

13.1 Excluded Damages

XTIX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • YOUR USE OF OR INABILITY TO USE THE PLATFORM
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM
  • ANY CONTENT OBTAINED FROM OR THROUGH THE PLATFORM
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

13.2 Liability Cap

IN NO EVENT SHALL XTIX'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF:

  • THE AMOUNT PAID BY YOU TO XTIX IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR
  • ONE HUNDRED DOLLARS (USD $100)

13.3 Exclusions

THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO LIABILITY ARISING FROM:

  • FRAUD OR INTENTIONAL MISCONDUCT BY XTIX
  • DEATH OR PERSONAL INJURY CAUSED BY XTIX'S NEGLIGENCE
  • ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW

13.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, XTIX'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to attempt to resolve disputes informally by contacting us at legal@xtix.com. We will attempt to resolve the dispute by contacting you via email or other methods. Both parties shall negotiate in good faith to resolve the dispute within 30 days of the initial notification.

14.2 Arbitration Agreement

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the International Chamber of Commerce ("ICC") in accordance with its International Arbitration Rules. The arbitration shall be conducted in English in Nicosia, Cyprus, unless you are a consumer residing in a jurisdiction that would preclude arbitration in Cyprus, in which case the arbitration shall be conducted in your country of residence.

14.3 Arbitration Procedures

  • Number of Arbitrators: One arbitrator selected in accordance with the ICC Rules.
  • Arbitration Costs: The costs of arbitration shall be shared equally between the parties, unless the arbitrator determines otherwise. If you are a consumer, XTIX will pay all arbitration fees for claims less than $10,000, unless the arbitrator finds your claims frivolous.
  • Decision: The arbitrator's decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
  • Confidentiality: The arbitration proceedings shall be confidential.

14.4 Class Action Waiver

YOU AND XTIX 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND XTIX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

14.5 Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@xtix.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, email address, and an unequivocal statement that you want to opt out of this arbitration provision. If you opt out of arbitration, this arbitration provision will not apply to you, but all other provisions of these Terms will continue to apply.

14.6 Exceptions to Arbitration

The arbitration agreement does not apply to:

  • Small claims court cases that qualify under the jurisdictional limits of the applicable small claims court
  • Actions seeking injunctive relief for unauthorized use or intellectual property infringement
  • Matters where arbitration is prohibited by applicable law

14.7 Survival

This arbitration provision shall survive termination of these Terms or your relationship with XTIX.

15. Governing Law and Jurisdiction

15.1 General Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to conflict-of-law principles, unless otherwise required by mandatory consumer protection laws in your country of residence.

15.2 Jurisdiction-Specific Provisions

For Users in Indonesia:

  • If you are a consumer residing in Indonesia, you may bring claims under local Indonesian laws.
  • You may bring claims to the Indonesian courts or the Consumer Dispute Settlement Agency (BPSK).
  • Indonesian consumer protection laws, including Law No. 8 of 1999 on Consumer Protection, shall apply to you to the extent required by law.

For Users in Cyprus:

  • These Terms are governed by the laws of Cyprus.
  • Any dispute shall be resolved in the courts of Cyprus, unless otherwise mandated by consumer protection laws.
  • Cyprus consumer protection laws, including Law No. 112(I) of 2021 on Consumer Protection, shall apply to you to the extent required by law.

For Users in the European Union:

  • If you are a consumer residing in the EU, you will benefit from any mandatory provisions of the consumer protection law of the EU country in which you reside.
  • EU consumer protection laws, including the Consumer Rights Directive 2011/83/EU, shall apply to you to the extent required by law.

For Users in Other Jurisdictions:

  • These Terms do not deprive you of any mandatory consumer protections under the law of your country of residence.
  • If there is a conflict between these Terms and consumer protection laws in your jurisdiction, the consumer protection laws will prevail to the extent required by law.

16. Modifications to These Terms

16.1 Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. Material changes will be effective 30 days after they are posted on the Platform or communicated to you through other reasonable means (such as email notification); all other changes are effective immediately. Material changes are those that significantly affect your rights and obligations, such as changes to the dispute resolution process, pricing structure, or payment terms.

16.2 Notice of Changes

We will provide notice of material changes by:

  • Posting a notice on the Platform
  • Updating the "Last Updated" date at the top of these Terms
  • Sending an email to the address associated with your account
  • Displaying a prominent notice when you next access the Platform

16.3 Acceptance of Changes

Your continued use of the Platform after changes take effect indicates your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Platform and, if applicable, terminate your account.

16.4 Changes to Services

We reserve the right to modify, suspend, or discontinue any part of the Platform or Service at any time without prior notice. We may introduce new features, change existing features, or remove features from the Platform. We are not liable for any changes in service availability or functionality.

17. Additional Provisions for Specific Locations

17.1 Indonesia

For users in Indonesia:

  • All key transaction information—such as event details, total price (including taxes or fees), and refund policies—will be clearly stated in Bahasa Indonesia at the time of purchase.
  • Personal data will be processed in accordance with Law No. 27 of 2022 on Personal Data Protection.
  • You may resolve disputes through Indonesian courts or the Consumer Dispute Settlement Agency (BPSK).

17.2 European Union

For residents of the EU:

  • You may have the right to withdraw from a purchase within 14 days without giving any reason, unless the purchase concerns tickets to a specific-dated event or other exceptions under EU law apply.
  • Your personal data will be processed in accordance with the General Data Protection Regulation (GDPR).
  • You benefit from mandatory consumer protection rights under EU law, including the Consumer Rights Directive.

17.5 Other Jurisdictions

For users in other jurisdictions, please note that these Terms do not limit any consumer protection rights you may have under the laws of your jurisdiction.

18. Tax Information

18.1 Tax Responsibility

XTIX is not responsible for determining, collecting, withholding, or remitting any taxes that may apply to your use of our services, whether you are an Organizer or an a Fan. You are solely responsible for determining which taxes apply to your activities and for complying with all applicable tax laws.

18.2 Tax on Ticket Sales

For Organizers, you are responsible for determining whether your ticket sales are subject to tax (such as sales tax, VAT, GST, or other consumption taxes) and for collecting and remitting such taxes to the appropriate tax authorities. XTIX may, at its discretion, provide tools to help you calculate and collect taxes, but these tools are not a substitute for professional tax advice.

18.3 Tax on XTIX Fees

XTIX fees may be subject to VAT, GST, or other consumption taxes depending on your location and status. Where required by law, XTIX will add applicable taxes to its fees and provide appropriate documentation.

18.4 Tax Documentation

XTIX may provide basic transaction summaries, receipts, or payment confirmations to Users as required by applicable law or for technical reasons.

XTIX is not responsible for issuing tax invoices (including VAT invoices) for ticket purchases, unless explicitly stated otherwise. Such invoices are the sole responsibility of the Organizer, who is the seller of record.

If you require a tax invoice for your purchase, you must contact the relevant Organizer directly. XTIX may, where technically feasible, facilitate the delivery of such invoices on behalf of the Organizer.

You are responsible for providing accurate tax-related information (e.g., VAT ID, business registration number) when requested for compliance or reporting purposes.

18.5 Tax Information Reporting

XTIX may be required to report transaction information to tax authorities in various jurisdictions. By using our services, you consent to such reporting when required by law.

19. Export Control Compliance

19.1 Compliance with Export Laws

You agree to comply with all applicable export control and economic sanctions laws and regulations, including those of the United States, the European Union, and other jurisdictions where XTIX operates.

19.2 Restricted Countries

You may not use the Platform if you are located in a country or region subject to comprehensive sanctions, currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine.

19.3 Restricted Persons

You may not use the Platform if you are subject to sanctions or other restrictions, including if you are on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Denied Persons List or Entity List, or similar lists maintained by other relevant authorities.

19.4 Restricted Activities

You may not use the Platform to facilitate transactions with restricted countries, regions, or persons, or to engage in activities that would violate export control laws.

20. Accessibility Statement

20.1 Commitment to Accessibility

XTIX is committed to making its Platform accessible to all users, including those with disabilities. We strive to comply with relevant accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

20.2 Accommodation Requests

If you experience any accessibility barriers on our Platform or need assistance with accessibility features, please contact us at accessibility@xtix.com. We welcome feedback and suggestions for improving accessibility.

20.3 Third-Party Content

While we strive to ensure that our Platform is accessible, we cannot guarantee that third-party content, such as event descriptions or images provided by Organizers, will meet accessibility standards.

21. Electronic Communications Consent

21.1 Consent to Electronic Communications

By using the Platform, you consent to receive communications from XTIX electronically, including emails, text messages, in-app notifications, and other electronic communications. You acknowledge that electronic communications satisfy any legal requirement for communications to be in writing.

21.2 Technical Requirements

To access and retain electronic communications from XTIX, you need:

  • Internet access and a compatible web browser
  • A valid email address
  • Sufficient storage space to save communications or a printer to print them
  • Software capable of viewing PDF files (such as Adobe Reader)
  • A device with appropriate screen resolution and capabilities

21.3 Withdrawal of Consent

You may withdraw your consent to receive electronic communications by contacting support@xtix.com. However, if you withdraw consent, we may terminate your access to certain features of the Platform that require electronic communications.

21.4 Update Contact Information

You agree to keep your contact information (such as email address and phone number) current. If your contact information changes, you agree to update it promptly through your account settings.

22. General Provisions

22.1 Entire Agreement

These Terms, along with the Privacy Policy, Organizer Services Agreement (for Organizers), and any other legal notices published by XTIX, constitute the entire agreement regarding your use of the Platform.

22.2 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

22.3 No Waiver

XTIX's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of XTIX.

22.4 Interpretation

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." Any reference to "days" means calendar days unless otherwise specified. These Terms shall not be construed against XTIX on the basis that XTIX drafted them.

22.5 Assignment

You may not assign any rights or obligations under these Terms without XTIX's prior written consent. XTIX may assign these Terms at its discretion to an affiliate, a successor in interest, or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

22.6 Force Majeure

XTIX is not liable for any failure to perform due to causes beyond its reasonable control, including but not limited to:

  • Natural disasters (earthquakes, hurricanes, floods, fires, etc.)
  • War, terrorism, civil unrest, or public emergency
  • Labor disputes or shortages
  • Telecommunications or power failures
  • Epidemics or pandemics
  • Governmental actions or restrictions
  • Cyberattacks or other malicious actions
  • Other acts of God or circumstances not reasonably foreseeable or preventable

22.7 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and XTIX. You have no authority to make or accept any offers or representations on behalf of XTIX.

22.8 Third-Party Rights

These Terms do not confer any third-party beneficiary rights, except as expressly provided.

22.9 Survival

The provisions of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and governing law.

22.10 Contact Information

Outside Indonesia and Cyprus: XTIX Global Ltd. Address: 123 Makarios Avenue, Nicosia 1065, Cyprus Email: support@xtix.com

Indonesia: PT PMA XTIX Teknologi Cerdas Address: 456 Jalan Sudirman, Jakarta 12190, Indonesia Email: support-id@xtix.com

For legal notices: Email: legal@xtix.com

By using the XTIX Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.