Terms of Service (Expatsi Go)

LAST UPDATED: OCTOBER 1, 2025

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER BELOW. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES WITH US RATHER THAN RESOLVE DISPUTES THROUGH A JUDGE OR JURY TRIAL, OR ANY COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. BY ACCESSING, OR USING THE PLATFORM, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY SERVICES. PLEASE READ CAREFULLY.

TERMS OF SERVICE

These Terms of Service (these “Terms”) are entered into as of the earliest date of when you accept them, when you register an Account, or when you access or use our Platform or Services (the “Effective Date”). These Terms govern your access to and use of the Platform operated by Expatsi LLC, a South Dakota limited liability company (“Expatsi,” “we,” “our” or “us”) or any Services (as defined below) offered on the Platform. Capitalized terms not defined herein shall have the meaning given in the Privacy Policy (the “Privacy Policy”), and other terms, conditions, and policies linked on our website (www.expatsigo.com) and Platform (collectively, together with these Terms, the Privacy Policy, and any applicable addendums or policies, the “Policies”), which apply to all users and are incorporated herein by reference. By accessing or using the Platform or registering an Account, you agree to, and hereby do, become bound to these Terms and the other Policies, as may be updated by us from time to time.

Platform and Services.
1. Platform and Services. Expatsi owns and operates an online platform and related website, mobile application, and software tool (collectively, the “Platform”) that (a) provides self-guided, subscription-based planning, learning, and workflow software to users preparing for international relocation (the “Platform Services”), and (b) hosts an online marketplace through which independent third-party providers (each a “Provider”) may offer advisory, consulting, coaching, expert, professional, and other relocation-related services (collectively, the “Provider Services” and together with the Platform Services, collectively, the “Services”) to certain users who may obtain such Provider Services through the Platform.
2. Changes to the Platform and Services. Expatsi may in its sole discretion modify, suspend, disrupt, or discontinue your access to the Platform or any Service, any part of the Platform or Service, or the use of the Platform or Service, at any time without notice or liability to you. Expatsi does not guarantee that access to the Platform or the Services will be uninterrupted or that it will be accessible, consistent, timely or error-free. Expatsi may modify any feature, functionality, interface, or policy of the Platform or Services in its sole discretion and without any obligation to maintain backwards compatibility, provide prior notice, or continue to support any particular feature. You acknowledge that Expatsi has no support, maintenance, uptime, or service-level obligations except as expressly stated in these Terms or our other Policies.
Accounts.
1. Eligibility and Accuracy. To access the Platform, subscribe to Platform Services, use or order any Service, book any Provider Services, or make or receive any payments, you must: (a) be at least 18 years old or the age of majority in your jurisdiction; (b) create, register, and maintain an authorized account on the Platform (an “Account”); (c) submit and maintain accurate, current, and complete information (including legal name, contact information, profile details, and payment information); (d) successfully pass Expatsi’s and its PSP’s vetting and verification requirements (if any); and (e) otherwise be accepted by Expatsi in such capacity, in its sole and absolute discretion. You represent and warrant that all information you provide is accurate, current, and complete, and you will update it promptly if it changes.
2. Third-Party Sign-On. To the extent Expatsi makes such a feature available, you may register by establishing credentials directly or by using single-sign-on with a third-party service (e.g., Google). By using a third-party sign-on, you authorize Expatsi to obtain and use account information made available under the third-party’s privacy settings to create and administer your Account.
3. Account Security. You are solely responsible for maintaining the confidentiality and security of your Account and your Account credentials and for all activities that occur under your Account, whether or not authorized. You must promptly notify Expatsi of any known or suspected unauthorized access or use of your Account. Expatsi is not liable for losses arising from unauthorized use of your Account and you shall indemnify us for us for such unauthorized use or access. You agree not to permit non-account holders to access your Account, features associated with the Subscription Tier associated with your Account, or Services available to your Account.
Subscriptions and Fees.
1. Subscription Tiers. We offer various subscription tiers for access and use of the Platform (“Subscription Tiers”), which may have access to different functions, discounts, features, or usage limits related to our Services and may be subject to various subscription fees (“Subscription Fees”) plus any other applicable taxes and fees. Unless otherwise agreed upon in writing by us, the Subscription Tiers and associated Subscription Fees are as stated on our Platform. We retain the right to change such Subscription Tiers and Subscription Fees from time to time in our sole discretion, provided that such change will not apply to a current Subscription term, but may impact renewals.
2. Billing and Payment Terms.
  1. Upon subscribing to a Subscription Level, you agree to pay the Subscription Fees associated with your Subscription Tier, which may be established when you place an order or upon registration or activation of your subscription or Account. You may place an order for a subscription on our Platform. Any payment terms presented to you in obtaining a subscription are deemed part of these Terms and are incorporated into these Terms by reference. You are responsible for paying all taxes related to such Subscription Fees (e.g., sales tax, VAT), except related to income taxes related to revenue received by us.
  2. We may collect payments of Subscription Fees or other fees or amounts from you directly or through third-party payment processors or payment service providers (e.g., Stripe) (each, a “PSP”), which may bill you through a payment account selected at checkout or linked to your Account. Any payment processing by PSPs will be subject to the terms, conditions, and policies of such payment processors in addition to these Terms and our other Policies, such as Stripe Connected Account Agreement, which includes the Stripe Services Agreement.
  3. By providing a credit card or other acceptable payment method, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our designated PSP) to charge your payment method for such amounts. If your payment method cannot be verified, is invalid, or is otherwise not acceptable, your Account or subscription may be suspended or canceled. If we do not receive payment from you, you agree to pay all amounts due upon demand. We reserve the right to correct any errors or mistakes we or our PSP make in the checkout process.
  4. The Subscription Fees and payment terms for your subscription or Account may consist of recurring charges. By choosing a recurring payment plan, you acknowledge that such Subscription Fees have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.
  5. NOTWITHSTANDING THE FOREGOING, WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY), DEPENDING ON YOUR SUBSCRIPTION TIER AND TERMS, WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT TO UPDATE OR TERMINATE YOUR SUBSCRIPTION. YOU MAY TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD THROUGH THE ACCOUNT SETTINGS ASSOCIATED WITH YOUR ACCOUNT.
3. Renewals and Accuracy of Billing Information.
  1. Your Subscription will automatically extend for successive renewal periods. For instance, if you have purchased a monthly subscription, your renewal period will renew each month at the then-current non-promotional rate associated with such Subscription Tier. You may change or terminate your Subscription or Subscription Tier through the account settings associated with your Account. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your Subscription or Subscription Tier before the end of the then-current period. Your Subscription cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these Terms, we will not refund any amounts you have already paid. If you terminate your subscription or Subscription Tier, you may continue to use your subscription until the end of your then-current term, and your subscription will not be renewed after the expiration of the then-current term.
  2. YOU MUST PROVIDE CORRECT, CURRENT, AND COMPLETE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CARD NUMBER, OR CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PSP IF YOUR PAYMENT METHOD IS CANCELED OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH THE ACCOUNT SETTINGS ASSOCIATED WITH YOUR ACCOUNT. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SUBSCRIPTION FEES ASSOCIATED WITH YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION PURSUANT TO THESE TERMS.
4. Trials and Promotions. We may offer free trials of certain Subscriptions Tiers for a limited period. If we offer you such a trial, the terms and conditions of such trial will be provided at the time of offer and may be accepted in accordance with those terms and these Terms and our other Policies. Unless otherwise provided by us in writing, trials are only available for users who have not previously held a paid Subscription Tier. If you obtain a free tier, you may not create more than one Account. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Platform and related Services. By agreeing to a free trial subscription, you also agree to the associated Subscription Fees upon expiration of such free trial subscriptions, and we or our PSP will charge your payment method on a recurring basis for the applicable Subscription Fee at the expiration of such free trial subscription unless you cancel your subscription prior to the expiration of such trial period.
Platform Use and Conduct.
1. Right of Access and Use. Subject to these Terms and our other Policies, Expatsi grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Platform and Platform Services for your personal and non-commercial (unless otherwise agreed in writing with us) use associated with the related Subscription Tier and the terms and conditions related therewith.
2. Prohibited Conduct. You shall not: (a) transmit unsolicited promotions or malicious code, attempt to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers, licensors, or third-parties to protect our Services or Platform, or use our Platform or Services in a manner that degrades the operation, speed, or reliability of our Platform, Services, or any underlying technologies thereof, including accessing, tampering with, or using non-public areas of our Platform, computer systems, or technical delivery systems; (b) access, scrape, or probe any systems without authorization or collect usernames and/or email addresses of users by electronic or other means, including sending unsolicited emails or other communications; (c) attempt to decipher, decompile, disassemble, reverse assemble, revise compile, translate, reverse engineer, or otherwise attempt to discover the source code or underlying components of the models, systems, or algorithms of any of our Services, Platform, or their underlying technologies; (d) post unlawful, infringing, deceptive, harassing, obscene, discriminatory, or otherwise prohibited content; (e) remove proprietary notices; (f) use the Platform or Services to build competitive products or otherwise compete with us; (g) impersonate any person; (h) disclose Platform data, including to AI tools without permission; (i) solicit or process payments outside the Platform in relation to any Provider Services or steer or induce transactions off-Platform; (j) use our Platform or any Services in a manner that is unlawful, unethical, or in violation of these Terms or our other Policies, including in a manner that infringes, misappropriates, or violates any person’s rights; (k) create an Account or use the Services for the purpose of provoking a claim, such as alleging violations of privacy or intellectual property laws without genuine use of the Platform; or (l) engage in conduct that could harm Expatsi, the Platform, the Services, or users.
3. Suspension/Delisting. Expatsi may suspend or terminate your Account immediately for risk, repeated poor conduct or performance, policy violations, fraud, breach of these Terms or our other Policies, PSP restrictions, legal/compliance concerns, or if we believe it is in the Platform’s or our interest to do so. In the event Expatsi terminates your Account due to breach of this Agreement, the other Policies, or violation of any law, you shall remain liable for all outstanding amounts due prior to termination. Expatsi may cancel in‑process engagements and issue credits or refunds in its discretion, and may withhold or offset payouts to cover refunds, chargebacks, fees, reserves, and other liabilities under these Terms.
Marketplace Provisions.
1. Provider Services. Expatsi does not provide Provider Services and does not supervise or direct the means and methods of any Provider’s work or performance of the Provider Services. Expatsi provides only Platform functionality and related Platform Services. You are solely responsible for verifying the identity and suitability of any Providers or Provider Services. Expatsi does not endorse Providers and is not the agent or fiduciary of either you or any Provider. Where law or ethics require a direct engagement between you and a Provider, you shall execute and maintain such engagement with the Provider. If you are registered as a Provider you are also subject to the Provider Agreement and agree to be bound by the terms of the Provider Agreement and any related addendums.
2. Obtaining Provider Services. Bookings and orders of Provider Services create direct contracts between you and associated Providers. Expatsi is not a party and provides only facilitation through the Platform. You agree to such Provider’s terms, including scopes, timelines, and dependencies as described on the listing associated with such Provider Service. When you book Provider Services through the Platform, you enter into a binding agreement with the Provider based on the terms displayed in the Provider’s listing, including but not limited to price, scope of services, inclusions/exclusions, expected timelines, dependencies, delivery mode, milestones, and cancellation policies.
3. No Guarantee. While we have a large database of Providers, you should note that because of licensure requirements that differ from jurisdiction to jurisdiction, not all Providers available on our database will be available for you to match with, or at any particular or convenient time, or for any set period of time.
4. Payments. Payments for Provider Services are processed via the PSP. You authorize us and our PSP to charge your payment method for the full amount due at booking or check out, process payments to Providers net of our fees, and handle refunds, reversals, or adjustments in accordance with the listing terms and our dispute process. All payments must occur through the Platform’s checkout process, where you will confirm acceptance of the listing terms.
5. Disputes. If you have a dispute with a Provider regarding Provider Services, you must notify us in writing at disputes@expatsi.com within 7 days of the milestone completion or final delivery (the “Dispute Window”). Your notice must include: (i) a description of the issue; (ii) supporting evidence (e.g., communications, documents); and (iii) requested resolution (e.g., refund amount). We will notify the Provider and request a response within 5 business days. Expatsi will review the submissions and make a non-binding recommendation within 10 business days, which may include informal mediation, partial/full refund from escrow (if held), or no action. Expatsi decisions are for Platform facilitation only and do not waive legal rights. There is no fee for initiating a dispute, but repeated frivolous disputes may lead to Account suspension or termination. Expatsi may mediate a dispute between users but has no liability for outcomes. Refunds/chargebacks may be withheld or offset as determined by Expatsi in resolving such disputes.
6. No Off-Platform Transactions. You agree that all communications, bookings, payments, and transactions related to Provider Services must occur exclusively through the Platform. You shall not request, solicit, accept, or process any payment or “side fee” for Provider Services outside the Platform, nor shall you suggest, induce, or engage in off-Platform contact, referrals to third-party services, or transactions for services similar to those available on the Platform. During the term of your Account and for one (1) year thereafter, you shall not, directly or indirectly, solicit or accept business from Providers or other users first identified via the Platform for off-Platform services. You will maintain and, upon reasonable request, provide communications and records sufficient for Expatsi to investigate suspected circumvention.
7. Remedies. In addition to the other remedies available under this Agreement, at law or in equity, you shall pay liquidated damages equal to the greater of (i) twenty-five percent (25%) of the fees or other consideration received (or reasonably anticipated to be received) from the diverted engagement(s), or (ii) $500 per diversion event, plus reasonable costs of enforcement. The parties agree the harm from a breach of Section 5.6 would be difficult to calculate at the time of contracting and that the foregoing liquidated damages are a reasonable estimate of anticipated harm and not a penalty, and are in addition to Expatsi’s rights to injunctive relief and other remedies at law or in equity.
Data; Security; Confidentiality.
1. Data Processing. Your use of the Platform is subject to our Privacy Policy and any applicable Data Processing Agreement, which describe how we collect, use, share, and protect your personal data. By using the Platform, you consent to such processing and transfer of your data, including cross-border transfers, as necessary for providing the Services.
2. Security Measures; Breach Notice. You agree to implement reasonable security measures to protect any data you access or upload via the Platform. If you suspect a security breach affecting your Account or Platform data, you must notify us immediately at privacy@expatsi.com.
3. Data Transfers. We may transfer your data across borders as described in our Privacy Policy and the Data Processing Agreement. You agree to comply with applicable data protection laws in your use of the Platform or the Services.
4. Aggregate/De‑Identified Data. We may use aggregated or de-identified data from your use of the Platform for analytics, product improvement, marketing, and other business purposes.
5. Confidentiality.
  1. In the course of using the Platform, you may receive or access business, financial, technical, user, or other information that is confidential and/or proprietary in nature, belonging to Expatsi, other users, or third parties to whom we have confidentiality obligations, collectively “Confidential Information” (including information in any form or medium, whether or not marked as confidential). You agree: (a) not to disclose to a third party or use for any purpose other than your permitted use of the Platform, in any manner, any Confidential Information without our consent except as expressly permitted herein or required by law; and (b) to protect such Confidential Information with at least the same degree of care you use for your own similar information, but no less than reasonable care and in accordance with applicable law.
  2. Notwithstanding the foregoing, you may disclose Confidential Information to its affiliates, professional advisers, and representatives (including payment partners) with a strict need to know, provided each recipient is bound by written confidentiality obligations at least as protective as these obligations.
  3. If you are required by law, regulation, subpoena, or court order to disclose any Confidential Information, you may do so, provided that (to the extent legally permitted) you give Expatsi advance written notice of the requirement so that Expatsi may seek a protective order or other remedy, and you disclose only that portion of the Confidential Information that you are legally required to disclose.
  4. Upon our written request or upon termination of your Account, you shall promptly return or destroy all Confidential Information (including copies and extracts) in your possession or control and certify such destruction upon request, except to the limited extent retention is required by applicable law or bona fide internal recordkeeping, in which case the retained Confidential Information remains subject to this Section 6.5.
  5. You acknowledge that any unauthorized use or disclosure of Confidential Information may cause irreparable harm to us for which monetary damages would be inadequate, and that we are entitled to seek injunctive or other equitable relief without posting bond, in addition to any other remedies available at law or in equity.
Intellectual Property Matters.
1. Expatsi Intellectual Property. We retain all rights to our technology and intellectual property, including our names, logos, or trademarks, and the technology and intellectual property licensed to us from third-parties. You agree you will not copy, modify, scrape, distribute, create derivative works of, or the like, or do or perform any other action on the Platform or using our Services, or our intellectual property that you are exposed to through the Platform or our Services that is not explicitly authorized by these Terms or our other Policies. Any use of our Platform or Services other than as specifically permitted in these Terms or our other Policies is strictly prohibited. All goodwill generated from using our intellectual property (including the Platform and Services) will inure to our exclusive benefit. We reserve any rights not expressly granted herein.
2. User Content License. By transmitting content through the Platform, you hereby grant us, and our licensors, licensees, successors, assigns, and affiliates, a perpetual, non-exclusive, freely transferable and sublicensable, irrevocable, worldwide, royalty-free license to use, host, aggregate, display, store, copy, distribute, publish, perform, and modify or create derivative works based upon such content, to the extent necessary for us to provide, perform, operate, market, secure, and deliver the Platform or Services, comply with applicable law, and enforce these Terms and our other Policies. We make no representation or warranty that any content is accurate, complete, or will be kept confidential. Notwithstanding the foregoing, we may make available other content through our Services or on our Platform that is subject to the intellectual property rights of us or a third-party, and we (or such third-party) reserve all rights in such content.
3. Third-Party Content and Links. The Platform may contain other content, products, or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content. Other links, company, product, and service names and logos used and displayed on or through the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us.
4. Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about our Platform or Services (“Feedback”) provided to us by you is non-confidential. We shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. Infringement Policy. We respect the intellectual property rights of others and require our users to do the same. We do not knowingly permit infringement of intellectual property rights in connection with our Platform or Services. We will remove any content if we are properly notified (and agree) that such content infringes on another’s intellectual property rights. Although we are not obligated to do so, we will make reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take action regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, then you may submit a notification pursuant to the Digital Millennium Copyright Act, by providing us with the following information: (i) confirmation you are the owner or are authorized to represent the owner of the intellectual property; (ii) identification of your work; (iii) identification of the infringing content; and (v) a statement that you believe the use of the content is not authorized. If your content is removed due to claims of infringement and you believe it is not infringing please provide us with the following information: (1) confirmation that you are the owner or authorized to represent the owner of the intellectual property; (2) identification and description of the removed content; (3) statement regarding the ownership of the intellectual property; and (4) your contact information. We will endeavor to resolve notices delivered pursuant to these Terms and our other Policies within 14 business days and will provide the complaining party an opportunity to respond. Please contact us by email at legal@expatsi.com (subject line: Takedown Request).
Representations and Warranties; Disclaimers; Limitations on Liability.
1. Your Representations and Warranties. You represent and warrant that: (a) you have the power, authorization, and authority to enter into these Terms and perform your obligations hereunder; (b) these Terms constitute your legal, valid, and binding obligation, enforceable in accordance with their terms; (c) your use of the Platform and Services will comply with all applicable laws, regulations, and ethical standards; (d) any content you upload or provide does not infringe or misappropriate any third-party rights; (e) you hold and will maintain all required licenses, permits, consents, and registrations for your activities on the Platform; (f) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties; and (g) all information you provide is accurate, complete, and not misleading.
2. Disclaimers and Limitations on Liability.
  1. THE PLATFORM AND RELATED FUNCTIONALITY ARE PROVIDED AND PLATFORM SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AND THEREFORE YOU WILL NOT HAVE ANY PLEA, CLAIM, OR DEMAND TOWARDS EXPATSI IN RELATION TO THE PLATFORM’S PROVIDERS, CUSTOMERS, MEMBERS, PROPERTIES, LIMITATIONS, OR COMPATIBILITY WITH YOUR NEEDS. YOU SHALL NOT HAVE ANY PLEA, CLAIM, OR DEMAND AGAINST EXPATSI IN RESPECT TO ANY SERVICES YOU DECIDE TO OBTAIN OR USE IN CONNECTION WITH THE USE OF THE PLATFORM. WE DO NOT WARRANT THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR PLATFORM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR ANY OUTCOMES, PROVIDER PERFORMANCE, OR THIRD-PARTY CONTENT.
  2. YOU ACKNOWLEDGE AND AGREE THAT EXPATSI DISCLAIMS ANY LIABILITY IN RELATION TO ANY CLAIM, SUIT OR ACTION BROUGHT BY YOU IN CONNECTION WITH ANY SERVICES, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS BY A PROVIDER AS TO THE PROVIDER’S QUALIFICATIONS, ADVICE, AND PROVIDER SERVICES PROVIDED THROUGH THE PLATFORM.
  3. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENTS YOU CHOOSE TO MAKE WITH A PROVIDER OR ANOTHER USER. EXPATSI WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY AGREEMENT MADE BETWEEN YOU AND A PROVIDER OR ANY OTHER USER OR FOR ENFORCING ANY SUCH AGREEMENT. ANY AGREEMENT YOU CHOOSE TO ENGAGE IN WITH A PROVIDER OR OTHER USER IS YOUR SOLE RISK AND RESPONSIBILITY.
  4. YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY PROVIDER OR OTHER USER TO WHOM YOU PROVIDE SERVICES AND TO ANY PERSON WHO SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES THAT YOU PROVIDED. IN THE EVENT OF A DISPUTE REGARDING ANY INTERACTION CONDUCTED THROUGH THE PLATFORM, YOU HEREBY RELEASE EXPATSI FROM ALL MANNER OF ACTIONS, CLAIMS, OR DEMANDS, AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO, COURT COSTS AND ATTORNEY’S FEES, WHICH YOU MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
  5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPATSI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE. EXPATSI’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL SUBSCRIPTION FEES RECEIVED BY EXPATSI FROM YOU UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) $100.00. THIS LIMITATION APPLIES REGARDLESS OF WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  6. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Notice to California Users. Under California Civil Code Section 1789.3, California Users may be entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Indemnification.
1. Your Indemnification Obligations. You shall defend, indemnify, and hold harmless Expatsi, its affiliates, and their respective members, managers, officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Platform or Services, including any interactions with Providers; (b) your content or any materials you upload; (c) your violation of these Terms or other Policies, any law, or third-party rights (including infringement); (d) any taxes you owe related to your activities on the Platform or related to the Services; or (e) disputes between you and Providers or any other users. You will cooperate as fully required by the Indemnified Parties in the defense of any claim. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Indemnified Parties. These indemnity obligations shall survive any expiration or termination of this Agreement of your relationship with Expatsi, the Platform, or any Services.
Updates; Amendments. We may update these Terms or other Policies by posting the revised version on the Platform or notifying you via email. Changes become effective immediately for non-material updates and fifteen (15) days after notice for material changes (or earlier if required for security, fraud, or compliance). Your continued use after the effective date constitutes acceptance. If you object to a material change, you may terminate your Account under the terms and conditions set forth in these Terms.
Governing Law and Arbitration.
1. Governing Law. This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, and by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
2. Agreement to Arbitrate. Any dispute between the parties will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and is evidence of a transaction involving commerce. This agreement to arbitrate applies to any dispute, past, present, or future, that we may have against you or you may have against: (1) us; (2) our officers, directors, principals, shareholders, members, owners, employees, attorneys, or agents; and (3) all successors and assigns of any of them arising out of or related to these Terms, your use of the Platform or Services, or any interactions between us facilitated thereby, regardless of its date of accrual and survives after the parties’ relationship terminates. All claims in arbitration are subject to the same statutes of limitation that would apply in court. Except as set forth in these Terms, the arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability, or waiver of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding the foregoing, either party may elect to have any dispute falling within the monetary or jurisdictional limits of the small claims court of Chattanooga, TN, resolved exclusively in that court without waiving the right to arbitration for any other claims.
3. The party bringing the claim must demand arbitration in writing and deliver the written demand to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to the Expatsi shall be provided to legal@expatsi.com. You will be given notice of any demand for arbitration by Expatsi at the address associated with your Account. The demand for arbitration must be signed by the party making the demand for arbitration. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
4. The parties agree any legal dispute covered by this Agreement shall be resolved in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) (the AAA Rules are available via the internet at https://www.adr.org/rules-forms-and-fees/commercial/or by using a service such as Google to search for “AAA Arbitration Rules”); provided, however, that if there is a conflict between the AAA Commercial Rules and this Agreement, this Agreement shall govern. The following terms and procedures shall apply:
  1. The arbitration shall be conducted by a single arbitrator seated in Wilmington, Delaware. Unless the arbitrator orders otherwise for good cause, hearings (if any) shall be conducted by video or teleconference and submission-only procedures are encouraged. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The arbitrator shall have experience in the law underlying the dispute. All arbitration proceedings, submissions, and awards shall be confidential, except as necessary to enforce an award or as required by law.
  2. Each party shall initially bear its own attorneys’ fees and share AAA/arbitrator fees equally, subject to the arbitrator’s authority to award fees, costs, and expenses (including AAA/arbitrator fees) to the prevailing party, consistent with applicable law. Unless the parties agree to any extension of time for the payment due date, the parties must pay their respective required fees or costs within 60 days of the date that the arbitrator issues the invoice to the parties.
5. Class and Collective Action Waivers (“Class Action Waiver”). The parties agree to bring any claim on an individual basis and not as a class or collective action, whether through arbitration or in litigation. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action and neither the arbitrator or any court will have any authority to hear or preside over any such claim. The Class Action Waiver shall be severable from this Agreement if there is a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. For the avoidance of doubt, the arbitrator shall have no authority to consolidate arbitrations, to hear arbitration as a representative or class proceeding, or to join additional parties not parties to this Agreement.
6. You acknowledge that, because your use of the Platform involves access to sensitive data and services and Confidential Information of the Company, any breach of this Agreement by you would cause irreparable injury to Expatsi for which monetary damages would not be an adequate remedy and, therefore, will entitle the Expatsi to injunctive relief (including specific performance). Accordingly, if you breach or threaten to breach this Agreement, Expatsi may seek and obtain injunctive relief against such breach or threatened breach, in addition to any other legal remedies which may be available. The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party in law or in equity.
General Provisions.
1. Notices. Expatsi may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that Expatsi has on record associated with your Account, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to legal@expatsi.com.
2. Assignment; Delegation. You may not assign or transfer this Agreement (by operation of law or otherwise) without Expatsi’s prior written consent. Expatsi may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale or assignment of assets. Any breach by you of this Section shall be void ab initio.
3. Severability; Waiver. If any provision is held unenforceable, the remaining provisions remain in effect. No waiver is effective unless in writing and signed by the waiving party.
4. International Users; Service of Process; Language. You consent to service of process by (a) email to the notice address contemplated by this Agreement and (b) reputable international courier to the physical address in this Agreement, and waives any objection to such methods to the maximum extent permitted by applicable law. This Agreement is drafted in English; the English version controls. Translations (if any) are for convenience only.
5. Anti‑Corruption; Trade Compliance. You shall comply with anti‑bribery and anti‑corruption laws (including the U.S. FCPA and UK Bribery Act), export control and sanctions laws, and shall not access or use the Platform or any Services sanctioned persons or jurisdictions.
6. Export Controls. Export Controls. The Platform may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the US Department of Commerce, trade and economic sanctions maintained by the US Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the US Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any US government list of prohibited or restricted parties. You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Expatsi under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
7. Entire Agreement. These Terms (together with the other Policies incorporated by reference) is the entire agreement on its subject matter and supersedes prior or contemporaneous agreements.