Xenia Terms of Use

1. The Service

Xenia connects visitors and residents with local businesses in participating towns. Through the Service you can discover businesses, browse products and services, make reservations, purchase items from one or more businesses in a single checkout (the "universal cart"), and buy and redeem gift cards.

Businesses listed on the Service are independent third parties. They are not owned, operated, employed, or controlled by Yo-Do.

2. Eligibility and Your Account

Accounts (13+). You must be at least 13 years old to create a Xenia account. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service.

Purchases (18+). You must be at least 18 years old, or the age of majority where you live, to make a purchase through the Service, including purchasing a gift card. Users under 18 may receive, hold, and redeem gift cards in their Xenia wallet.

3. Who You Are Buying From

When you buy goods or services or make a paid reservation through the Service, you are buying directly from the participating business you select. That business is the seller and the merchant of record for your purchase, and your payment statement will identify it. The business is responsible for fulfilling your order, for the quality and description of what it provides, for honoring reservations and gift cards, and for its refund and cancellation policies.

If your universal cart includes items from more than one business, you check out once and pay with a single charge, and your payment statement identifies the businesses in your order. Each business remains the seller of its own items.

Yo-Do is the seller and merchant of record only when you buy a Xenia gift card. Gift card purchases appear on your statement from Yo-Do, and Yo-Do handles refunds and payment disputes for them.

4. Pricing, Payment, and Taxes

Prices are set by the participating business and are displayed before you complete your purchase. Yo-Do charges a platform fee of 5% on purchases from businesses for use of the Service; the fee is disclosed at checkout and does not apply to gift card purchases. Applicable sales and use taxes are calculated at checkout and collected by the business as the seller.

Payments are processed through Stripe. By making a purchase you authorize us to charge your selected payment method for the total shown at checkout, on behalf of the business or businesses in your order (or, for gift cards, on Yo-Do's own behalf).

5. Gift Cards

Gift cards purchased through the Service are subject to the following terms:

• Gift cards are sold at full face value. You pay no purchase fee, activation fee, or service fee.
• Gift cards do not expire, and no dormancy, inactivity, or maintenance fees are ever deducted from the balance.
• Gift cards are redeemable at participating businesses in the applicable town. The list of participating businesses may change over time.
• Gift cards are redeemed at full face value. Partial redemptions leave the remaining balance available for future use.
• When you use a gift card, you are buying from the business where you redeem it, and that business is the seller for that purchase.
• Gift cards are electronic and are held in your Xenia wallet. You need a Xenia account to receive, hold, and redeem a gift card. A recipient under 18 may hold and redeem gift cards but may not purchase them.
• Gift cards are not redeemable for cash except where required by applicable law. Some states require cash redemption of small remaining balances; we honor those requirements.
• Gift cards are not reloadable.
• Treat a gift card like cash. Gift cards are held electronically in your Xenia account, and we are not responsible for loss, theft, or unauthorized use resulting from compromise of your account or device. If you believe your account has been compromised, notify us immediately and we may suspend the account and freeze any unredeemed balance. We have no obligation to replace value that has already been redeemed, except as required by applicable law.
• Unredeemed balances are handled in accordance with applicable unclaimed property law.

Gift cards are issued and sold by Yo-Do Software Corp., the merchant of record for gift card purchases, and are not credit, debit, or stored-value instruments issued by a bank.

6. Reservations

Reservations made through the Service are subject to the participating business's availability, policies, and cancellation terms, which are disclosed before you confirm. The business is responsible for honoring confirmed reservations.

7. Refunds, Cancellations, and Disputes

Refunds for purchases from a business are handled by that business under its refund and cancellation policy, which is disclosed before you complete your purchase. You can request a refund through the Service or directly from the business. If a business refunds all or part of your purchase, Yo-Do refunds the matching portion of the platform fee.

If you believe a charge from a business is incorrect or unauthorized, contact the business first, or contact us at admin@yo-do.com and we will help connect you with the business and look into any problem with the Service itself. For gift card purchases, contact us at admin@yo-do.com and Yo-Do will handle your request directly. Contacting the business or us before disputing a charge with your card issuer usually resolves the issue faster.

8. Independent Businesses

Yo-Do does not manufacture, sell, prepare, inspect, or deliver the goods and services offered by participating businesses, and does not guarantee their quality, safety, legality, or fitness for any purpose. Business descriptions, photographs, hours, pricing, and availability are supplied by the businesses themselves. Disputes about goods or services are between you and the business, though we will assist where we reasonably can.

9. AI Features

The Service includes AI-powered discovery features ("Xen") that answer questions about local businesses, products, and services. AI outputs are generated automatically and may be incomplete, out of date, or incorrect. Do not rely on them for decisions with health, safety, legal, or financial consequences. Confirm important details, including allergen and dietary information, hours, and pricing, directly with the business.

10. Acceptable Use

You agree not to: use the Service unlawfully or fraudulently; interfere with or disrupt the Service; attempt to gain unauthorized access to any system or account; scrape, crawl, harvest, or extract data from the Service by automated means; use the Service or its content to train or operate any artificial intelligence or machine learning system; resell or commercially exploit the Service; or submit false, misleading, infringing, or abusive content.

11. Your Content

You retain ownership of reviews, photographs, and other content you submit. You grant Yo-Do a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute that content in connection with operating and promoting the Service. You are responsible for the content you submit and represent that you have the rights to submit it. We may remove content that violates these Terms.

12. Intellectual Property

The Service, including its software, design, text, graphics, indices, and AI outputs, is owned by Yo-Do or its licensors and is protected by intellectual property law. We grant you a limited, personal, non-transferable, revocable license to use the Service for your own personal, non-commercial purposes.

13. Copyright Complaints

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a written notice to our designated agent including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf.

Designated Agent: Yo-Do Software Corp., 224 W 35th St Ste 500 #2391, New York, NY 10001. Email: admin@yo-do.com.

If we remove content in response to a notice, we will make a reasonable effort to notify the user who posted it, who may submit a counter-notice. We may terminate the accounts of users who repeatedly infringe.

14. Privacy

Our collection and use of personal information is described in our Privacy Policy at https://yo-do.com/legal/xenia-privacy-policy, which is incorporated into these Terms.

15. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, Yo-Do disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that information provided through it will be accurate.

16. Limitation of Liability

To the fullest extent permitted by law, Yo-Do will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill. Yo-Do's total liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid to Yo-Do, including platform fees and gift card purchases, in the six months preceding the claim or (b) $100.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

17. Indemnification

You agree to indemnify and hold harmless Yo-Do and its officers, directors, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, or your violation of these Terms or applicable law.

18. Disputes: Arbitration and Class Action Waiver

Talk to us first. Before starting a formal proceeding, contact us at admin@yo-do.com and describe the issue. We will try to resolve it informally within sixty (60) days. Most issues are resolved this way.

Binding individual arbitration. If we cannot resolve a dispute informally, you and Yo-Do agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitration will take place in the county where you live, at another mutually agreed location, or by videoconference. AAA's rules and fee schedules are available at www.adr.org.

Exceptions. Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property. This section does not waive any right you may have to seek public injunctive relief in court where the law guarantees that right.

Class action waiver. You and Yo-Do each waive the right to a trial by jury and the right to participate in a class, collective, consolidated, or representative action. Disputes will be arbitrated only on an individual basis. If a court finds this waiver unenforceable as to a particular claim, that claim — and only that claim — will proceed in court, and the remainder of this section stays in effect.

Your right to opt out. You may opt out of this arbitration agreement by emailing admin@yo-do.com with your name and account email, with the subject line "Arbitration Opt-Out," within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these Terms.

This section survives termination of these Terms or your account.

19. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. You and Yo-Do agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

20. Changes to These Terms

We may update these Terms from time to time. The current version is always available at https://yo-do.com/legal/xenia-consumer-terms-of-use with a "last updated" date. For material changes, we will provide notice through the Service or by email before the change takes effect. Continued use of the Service after the effective date constitutes acceptance.

21. Termination

We may suspend or terminate your access to the Service if you violate these Terms or if we reasonably believe your use creates risk or legal exposure. You may stop using the Service at any time. Sections that by their nature should survive termination will survive, including Sections 5 (Gift Cards) and 11 through 19.

22. Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, government action, labor disputes, power or internet failures, or the acts or omissions of third-party service providers.

23. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Yo-Do regarding the Service. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

24. Contact