XBS

XBS TERMS AND CONDITIONS

Last Updated: July 28, 2026

Effective Date: July 28, 2026


1. INTRODUCTION AND ACCEPTANCE

1.1 Operator (SRL)

These Terms and Conditions ("Terms") govern use of the XBS mobile and web applications and related services available at xbsell.com (collectively, the "Platform" or "Services").

The Platform is operated by XBS SRL, a limited liability company (*societate cu răspundere limitată*) incorporated and existing under the laws of Romania (hereinafter "XBS", "we", "us", or "our").

Contact for legal and support matters: support@xbsell.com. Registered office, Trade Registry number (J), and unique registration code (CUI/CIF) will be stated on the Platform’s legal pages and company documents once issued and will form part of these Terms by reference.

1.2 What XBS is (and is not)

XBS does not sell products, services, rentals, or gigs to end users.

XBS provides a technology marketplace and payment-facilitation (escrow-style) layer that:

Contracts for goods, services, work, or property are formed between the buyer and the seller (or host/worker) as independent parties. XBS is not the seller, supplier, landlord, employer, or contractor of those offerings, unless we expressly state otherwise for a specific product sold by XBS itself (e.g. a platform advertising package).

1.3 Agreement to Terms

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

1.4 Eligibility

You must be at least 18 years old and have full legal capacity. If you act for a company, you represent that you are authorized to bind that company.

1.5 Account Registration

To access certain features, you must create an account. You agree to:

1.6 Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via the Platform or email. Continued use after the effective date constitutes acceptance of the updated Terms.


2. USER ROLES AND RESPONSIBILITIES

2.1 Buyer Responsibilities

As a buyer, you agree to:

2.2 Seller Responsibilities

As a seller, you agree to:

2.3 Prohibited Conduct

All users are prohibited from:


3. LISTING TYPES AND FEES

3.1 Product Listings

3.1.1 Listing Types:

3.1.2 Listing Fees:

3.1.3 Transaction Fees:

3.2 Service Listings

3.2.1 Remote Services (Digital/Online):

3.2.2 Offline Services (On-Site/Physical):

3.2.3 Bookings:

3.3 Rental Listings (Real Estate)

3.3.1 Rental Property Fees:

3.3.2 Property for Sale Fees:

3.3.3 Terms:

3.4 Work/Gig Listings

3.5 Currency Support

XBS supports transactions in multiple currencies including:

Prices and fees will be displayed in the selected currency. Currency conversion rates are determined by our payment processor.

3.6 Automatic Listing Deactivation

Listings that receive no chat replies for 14 consecutive days will be automatically hidden (expired_inactivity). Sellers can reactivate these listings from their Expired Listings page. Certain listing types (e.g., automotive) may require payment of the original listing fee again upon reactivation.


4. PAYMENT TERMS — ESCROW-STYLE FACILITATION (NOT SALE OF GOODS BY XBS)

4.1 Platform fees vs user-to-user payments

There are two different money flows:

4.2 Payment processing (Stripe)

Card and similar payments are processed by Stripe, a third-party payment service provider. By paying, you also accept Stripe’s applicable terms. XBS does not store full card numbers. XBS configures authorization, capture, refund, and payout logic through Stripe; Stripe moves funds according to that configuration and applicable law.

4.3 Payment methods

May include credit/debit cards (e.g. Visa, Mastercard), Apple Pay, and other methods Stripe enables on the Platform.

4.4 Authorization and capture (escrow-style hold)

4.4.1 Products:

4.4.2 Remote services:

4.4.3 Immediate capture (fees for XBS SRL services):

The following are platform fees charged immediately to the paying user for XBS services (not for third-party goods):

4.5 Seller payouts

Payouts of amounts due to sellers for their completed sales/services are facilitated according to Platform and Stripe rules. Sellers must provide accurate payout details (e.g. legal name, date of birth, IBAN) and complete verification required by Stripe or law. XBS may delay or hold payouts for disputes, fraud risk, chargebacks, or missing verification.

4.6 Refunds

Refunds of user-to-user transaction amounts follow Platform dispute and delivery rules (e.g. no ship in time, buyer wins dispute, service not accepted/delivered). Refunds go to the original payment method where Stripe allows.

Certain platform fees paid to XBS SRL are non-refundable once the paid feature is delivered (e.g. published listing, active booking reservation, started ad campaign), as shown at payment time, except where mandatory law requires otherwise.

4.7 Taxes


5. TRANSACTION PROCESS

5.1 Product Purchase Flow

5.2 Service Order Flow (Remote)

5.3 Offers and Negotiations

5.3.1 Product Offers:

5.3.2 Quantity Requests:

5.4 Auctions

5.5 Shipping and Delivery

5.5.1 Shipping Costs:

5.5.2 Shipping Addresses:

5.5.3 Delivery Tracking:

5.5.4 Failed Delivery:


6. DISPUTES AND PROBLEM RESOLUTION

6.1 Dispute Eligibility

6.2 Dispute Process

6.3 Valid Dispute Reasons

6.4 Invalid Disputes

Opening disputes without valid reason results in trust score penalties (-5 to -10 points). Examples of invalid disputes:

6.5 Escalation to Support

Contact human support when:


7. TRUST SCORE SYSTEM

7.1 Purpose

The trust score is a public metric displayed on user profiles to help community members assess reliability. It reflects platform behavior, not star ratings.

7.2 Starting Score

All users begin near 0 points.

7.3 Trust Score Increases

| Action | Points Gained |
|--------|---------------|
| Identity verification completed | +15 |
| Profile photo added | +10 |
| Completed product purchase (no issues) | +5 |
| Completed product sale (no issues) | +5 |
| Completed service purchase (no issues) | +5 |
| Completed service delivery (no issues) | +5 |

7.4 Trust Score Decreases

| Violation | Points Lost |
|-----------|-------------|
| Failed to ship product within 5 days | -20 |
| Failed to deliver service (buyer refunded) | -20 |
| Soliciting off-platform payment | -20 (or more) |
| Identity verification removed (photo changed after verification) | -15 |
| Won auction but failed to pay | -15 |
| Lost dispute (decision against you) | -10 |
| Three listing policy violations | -10 |
| Opened invalid dispute | -5 to -10 |
| Message flagged for abusive language | -5 |
| Sent contact info via chat image | -5 |

7.5 Trust Score Impact


8. CONTENT AND INTELLECTUAL PROPERTY

8.1 User-Generated Content

You retain ownership of content you post (listings, photos, descriptions, reviews). By posting content, you grant XBS a worldwide, non-exclusive, royalty-free license to:

8.2 Content Moderation

XBS uses AI and manual review to moderate content. We reserve the right to:

8.3 Prohibited Content

You may not post content that:

8.4 Intellectual Property Infringement

If you believe content on XBS infringes your intellectual property rights, contact us with:

8.5 XBS Intellectual Property

XBS trademarks, logos, design, software, and content are owned by XBS or its licensors. You may not use, copy, or distribute XBS intellectual property without written permission.


9. PRIVACY AND DATA PROTECTION

9.1 Data Collection

XBS collects and processes personal data necessary to provide Services, including:

9.2 GDPR Compliance

For users in the European Union:

9.3 Data Sharing

XBS may share your data with:

9.4 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure. You acknowledge and accept the inherent risks of transmitting data over the internet.

9.5 Data Retention

We retain your data for as long as necessary to provide Services and comply with legal obligations. You may request account deletion through Account Settings or by contacting support.

9.6 Privacy Policy

Our Privacy Policy, available on the Platform, provides additional details about data practices and forms part of these Terms.


10. COMMUNICATION AND CHAT

10.1 In-App Chat

XBS provides in-app chat for users to communicate regarding transactions. You agree to:

10.2 Chat Monitoring

XBS may monitor chat messages to:

10.3 Automated Cards and Checkpoints

The Platform generates automated cards in chat for actions like offers, quantity requests, bookings, and tracking. These cards organize transaction flow and create checkpoints users can collapse for easier navigation.

10.4 Image Reporting

Users can report inappropriate or suspicious images sent in chat. Reported images are reviewed, and violators may face penalties including trust score reduction and account suspension.

10.5 XBS Payments Bot

The XBS Payments bot is an automated system chat for Stripe verification requirements. It is not a human support agent and does not accept typed messages. Follow the prompts and buttons provided.

10.6 Kira Support AI

Kira is an AI-powered support assistant accessible through Profile → Support Chat. Usage is limited to approximately 50 messages per hour. Sessions auto-end after 5 hours of inactivity or when user selects "End Chat."


11. IDENTITY VERIFICATION

11.1 Verification Process

Users may verify their identity to increase trust score (+15 points). Verification requires:

11.2 Verification Benefits

11.3 Maintaining Verification

Changing your profile photo after verification removes verified status and deducts 15 trust points. Re-verification is required.

11.4 Additional Verification

High-value transactions or seller accounts may require additional verification from Stripe. This process occurs through the XBS Payments bot. Failure to complete verification may result in payout holds.


12. ACCOUNT SUSPENSION AND TERMINATION

12.1 Suspension Grounds

XBS may suspend your account if:

12.2 Termination Rights

XBS reserves the right to terminate accounts at our discretion, with or without notice, for violations of these Terms. We may also terminate accounts that remain inactive for extended periods.

12.3 User-Initiated Termination

You may request account deletion by:

Account deletion does not relieve you of obligations for completed transactions or pending disputes.

12.4 Effect of Termination

Upon termination:


13. DISCLAIMERS AND WARRANTIES

13.1 Platform role — XBS SRL is not the seller

XBS SRL does not manufacture, own, ship, or supply the products, services, rentals, or gigs listed by users.

We provide the Platform, escrow-style payment configuration, trust tools, and support processes.

The contract for each listing is between users. We do not:

Where we charge a fee, that fee is for our company’s platform services, not for resale of the user’s goods or services.

13.2 Escrow-style tools, not a bank

Payment holds and releases are implemented through Stripe. XBS is not a bank, EMI, or deposit-taking institution. Availability of funds, conversion, and bank timelines depend on Stripe, banks, and verification status.

13.3 "AS IS" Basis

Platform Services are provided "AS IS" and "AS AVAILABLE" to the extent permitted by law, without warranties including merchantability, fitness for a particular purpose, uninterrupted service, or error-free operation—without limiting mandatory consumer rights.

13.4 Third-Party Services

We rely on third parties including Stripe (payments) and carriers (e.g. Fan Courier in Romania for shipping estimates). Failures of third-party services are outside our full control; we will use reasonable efforts to assist within Platform capabilities.

13.5 User Transactions

Buyers and sellers choose each other and transact under these Terms and listing rules. You are responsible for evaluating counterparties and listings and for following dispute procedures.

13.6 No Guarantee of Seller Performance

We do not guarantee that sellers will ship, deliver, respond, or comply with law. Escrow-style holds, trust scores, verification, and disputes reduce risk; they do not eliminate it.

13.7 AI Content Moderation

AI moderation is imperfect. Some prohibited content may appear and some legitimate content may be rejected. You may use in-app support to contest clear errors.


14. LIMITATION OF LIABILITY

14.1 Liability Cap

To the maximum extent permitted by law, XBS SRL’s total liability for claims arising from or related to these Terms or the Platform Services shall not exceed the greater of:

This cap does not convert XBS into the seller of user goods/services. Liability for the underlying sale or service remains between the buyer and seller, except where mandatory law provides otherwise.

14.2 Excluded Damages

To the extent permitted by law, XBS SRL shall not be liable for indirect, incidental, special, consequential, or punitive damages; lost profits or data; or reputational loss—even if advised of the possibility.

14.3 User Disputes

XBS SRL is not a party to the sales contract between users. In-app dispute tools and escrow rules assist resolution; they do not make XBS the seller or guarantor of performance beyond what these Terms and mandatory law require.

14.4 Force Majeure

XBS is not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

14.5 Statutory Rights

Nothing in these Terms limits your statutory consumer rights where such limitations are prohibited by law.


15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless XBS SRL, its affiliates, officers, directors, employees, agents, and licensors from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to:

This indemnification obligation survives termination of these Terms and your use of Services.


16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law

These Terms are governed by the laws of Romania, without prejudice to mandatory consumer protections of your country of residence in the EU/EEA where applicable.

16.2 Jurisdiction

16.3 Negotiation before litigation

Before filing a claim (where permitted), parties should attempt good-faith resolution via in-app Support for at least 30 days.

16.4 Class Action Waiver

To the extent permitted by law, you agree to bring claims only in your individual capacity and not as part of any class or representative action.

16.5 EU Online Dispute Resolution

EU users may access the European Commission's Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr


17. SPECIAL PROVISIONS

17.1 Neighborhood Reviews (Rentals)

Users may post reviews about neighborhoods on rental listings. To post a review:

17.2 Location Updates

Users may update their location (city) in profile settings approximately every 60 days. This limitation prevents abuse of location-based features.

17.3 Favorites and Saved Listings

17.4 Sponsored Ads

Sellers may create sponsored advertisements to promote listings. Sponsored ad terms and pricing are specified at the time of creation. Sponsored ad fees are non-refundable once the campaign begins.

17.5 Multi-Language Support

XBS supports multiple languages (English, Romanian, Italian, French, Spanish, German). Content is displayed in the user's selected language where translations are available. Users are responsible for ensuring their listings are accurately translated if listing in multiple languages.

17.6 Currency Display

Prices are displayed in the user's selected currency. Actual charges may vary slightly due to currency conversion rates and fees applied by payment processors.


18. MISCELLANEOUS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published on the Platform, constitute the entire agreement between you and XBS regarding Services.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

18.3 Waiver

Failure by XBS to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. XBS may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

18.5 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

18.6 Survival

Provisions that by their nature should survive termination (including but not limited to liability limitations, indemnification, dispute resolution, and intellectual property rights) shall survive termination of these Terms.

18.7 Notices

XBS may provide notices to you via:

Notices are effective upon sending or posting.

18.8 Language

These Terms may be provided in multiple languages for convenience. In case of conflict between translations, the English version shall prevail to the extent permitted by law.

18.9 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

18.10 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.


19. SPECIFIC JURISDICTIONAL TERMS

19.1 California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us at [support email]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

19.2 EU Consumer Rights

EU consumers have the right to withdraw from distance contracts within 14 days. However, this right does not apply to:

19.3 UK Users

UK users are protected by the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013. Nothing in these Terms limits your statutory rights under UK consumer protection law.

19.4 Australian Users

Australian users benefit from consumer guarantees under the Australian Consumer Law. Our Services come with guarantees that cannot be excluded under Australian Consumer Law. Nothing in these Terms purports to modify or exclude conditions, warranties, and undertakings which by law cannot be modified or excluded.

19.5 Canadian Users

Quebec residents: these Terms are governed by the laws of Quebec and the federal laws of Canada applicable therein. In the event of a discrepancy between the English and French versions, the English version shall prevail to the extent permitted by applicable law.


20. CHANGES AND UPDATES TO SERVICES

20.1 Service Modifications

XBS reserves the right to:

20.2 Notice of Changes

Material changes to Services or these Terms will be communicated through:

Continued use after changes constitutes acceptance.

20.3 No Obligation to Maintain Features

XBS is under no obligation to maintain any particular feature or functionality. You acknowledge that Services may change over time.


21. PROHIBITED ITEMS AND SERVICES

21.1 Globally Prohibited Items

The following may never be listed on XBS:

21.2 Restricted Items

The following may be subject to additional requirements or restrictions:

21.3 Jurisdictional Variations

Some items legal in certain jurisdictions may be prohibited in others. Sellers are responsible for ensuring compliance with laws in both their location and the buyer's location.

21.4 Age-Restricted Items

Items with age restrictions (e.g., knives, certain chemicals) require age verification at delivery. Sellers must clearly mark such items in listings.


22. COMPLIANCE WITH LAWS

22.1 Seller Obligations

Sellers must comply with all applicable laws, including:

22.2 Buyer Obligations

Buyers must comply with all applicable laws regarding purchase, possession, and use of items purchased through XBS.

22.3 Anti-Money Laundering

XBS complies with anti-money laundering (AML) laws. We reserve the right to:

22.4 Sanctions Compliance

Users may not use XBS to transact with individuals or entities subject to economic sanctions. XBS complies with sanctions laws of applicable jurisdictions.


23. CONTACT INFORMATION

23.1 Support Channels

For assistance with XBS Services:

23.2 Legal Notices

For legal matters (IP claims, law enforcement, regulatory, data protection):

Email: support@xbsell.com

Controller / Operator: XBS SRL (Romania)

23.3 Company Information

XBS SRL

*Societate cu răspundere limitată* under Romanian law

Email: support@xbsell.com

Website: https://xbsell.com

Trade Registry (J): *[to be inserted]*

CUI/CIF: *[to be inserted]*

Registered office: *[to be inserted — Romania]*

VAT (if applicable): *[to be inserted]*


24. ACKNOWLEDGMENT AND ACCEPTANCE

By clicking "I Agree," creating an account, or using XBS Services, you acknowledge that:

If you do not agree to these Terms, you must immediately stop using XBS Services.


APPENDIX A: DEFINITIONS

Account: Your registered user profile on the XBS Platform.

AI Moderation: Automated content review system that analyzes listings and messages for policy compliance.

Auction: A listing type where buyers compete through bids until a timer expires.

Authorization: Payment hold on a buyer's card before funds are captured.

Booking: A time slot reservation for offline services, secured with a non-refundable fee.

Buyer: A user purchasing products or services through XBS.

Capture: The process of actually charging an authorized payment.

Dispute: A formal complaint filed by a buyer regarding a product order.

Donation: A free product listing where buyers may pay shipping but not product price.

Escrow: Payment mechanism where funds are held until conditions are met.

Fixed Price: A listing type with a set price for immediate purchase.

Gig/Work: Job listings where contact is unlocked via interest fee; no escrow provided by platform.

Listing: Any product, service, rental, or work post created by a user.

Offer: A buyer's proposed price on a fixed-price product (when enabled by seller).

Offline Service: A service performed in person at a physical location.

Payout: Transfer of funds from XBS to a seller's bank account.

Platform: The XBS marketplace, including website and mobile applications.

Quantity Request: A buyer's request to purchase multiple units, requiring seller acceptance.

Remote Service: A digital or online service delivered without physical presence.

Rental: Real estate listing for rent or sale; platform facilitates connection only.

Seller: A user offering products or services for sale on XBS.

Services: All functionality provided by XBS, including marketplace, payment processing facilitation, and communication tools.

Stripe: Third-party payment processor handling financial transactions.

Trust Score: Public metric on user profiles reflecting platform behavior and reliability.

User: Any person or entity using XBS Services, whether as buyer, seller, or both.

Verification: Identity confirmation process that increases trust score.


APPENDIX B: FEE SUMMARY

| Transaction Type | Buyer Pays | Seller Receives | Platform Fee |
|------------------|------------|-----------------|--------------|
| **Products** | Product price + shipping + 5% | Product price - processing | 5% (buyer) |
| **Remote Services** | Service price + 5% | Service price - 8% | 5% (buyer) + 3% (seller) |
| **Bookings** | ~10 RON (non-refundable) | N/A | Full booking fee |
| **Offline Service Listing** | 35 RON | N/A | Full listing fee |
| **Work Interest Fee** | ~10 RON | N/A | Full interest fee |
| **Automotive Listing** | 50 RON | N/A | Full listing fee |
| **Rental Listing (basic)** | 50 RON | N/A | Full listing fee |
| **Rental with Video** | 100 RON | N/A | Full listing fee |
| **Property Sale (basic)** | 500 RON | N/A | Full listing fee |
| **Property Sale with Video** | 800 RON | N/A | Full listing fee |

*Note: Fees shown in RON will be converted to equivalent amounts in other supported currencies (EUR, USD, GBP).*


APPENDIX C: TRUST SCORE QUICK REFERENCE

Gains

Penalties


APPENDIX D: ORDER STATUS GUIDE

Product Order Statuses

Remote Service Order Statuses

Booking Statuses


APPENDIX E: DISPUTE TIMEFRAMES

| Action | Timeframe |
|--------|-----------|
| Seller must ship product | 5 days from order |
| Buyer dispute window (after delivery) | ~5-6 hours |
| Seller must accept remote service order | 12 hours |
| Seller must accept booking (flexible hour) | ~12 hours |
| Payment deadline for accepted offer | 24 hours (12 for auctions) |
| Payment deadline after auction win | 12 hours |
| Payment window after quantity request accepted | 3 hours |
| Pending offer blocks new offers | 24 hours from submission |

END OF TERMS AND CONDITIONS


Operator: XBS SRL (*societate cu răspundere limitată*), Romania

Platform: xbsell.com and the XBS mobile applications

Contact: support@xbsell.com

Company identifiers (to be completed on company formation / update of public registry data):

*These Terms describe XBS SRL as operator of an escrow-facilitated marketplace. They should be reviewed by Romanian counsel before high-volume commercial use. XBS SRL does not sell user listings; it provides platform and payment-facilitation services.*