Terms of Service

1. Agreement to these Terms

These Terms of Service (the "Terms") are a binding agreement between you and Cross Matcher ("Cross Matcher", "we", "us", "our") governing your access to and use of the Cross Matcher website, applications, and services (collectively, the "Service").

By creating an account, checking the acceptance box, or otherwise using the Service, you agree to these Terms and to our Privacy Notice. If you do not agree, do not use the Service. We record the version of the Terms you accept and the date of acceptance.

If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization.

2. Eligibility — you must be an adult

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally able to enter into binding contracts. By creating an account you affirm that you meet this requirement. The Service is not directed to children, and we do not knowingly collect data from anyone under 18.

You must not be barred from using the Service under any applicable law, and you must not be located in, ordinarily resident in, or acting on behalf of any person in, a country or region subject to comprehensive sanctions, nor be a person with whom dealings are prohibited under applicable sanctions or export-control laws.

3. What Cross Matcher is — and is not

Cross Matcher is a neutral venue and software service that helps independent parties discover potential counterparties whose needs are complementary, and coordinate barter-style or paid engagements ("Engagements") between them.

We are NOT a party to any Engagement, agreement, transaction, or exchange between users. We do not employ users, do not perform or supervise the services exchanged, do not buy, sell, inspect, or take custody of any goods or services, are not a broker, agent, employer, contractor, or fiduciary of any user, and we do not guarantee any match, counterparty, price, quality, legality, or outcome.

Matches are algorithmic suggestions generated from the information users provide and from machine-learning embeddings of that text. They are not endorsements, recommendations, or verification of any user.

4. Your account and authentication

Sign-in is passwordless: a one-time code sent to your verified email or phone, plus an authenticator (TOTP) code. You are responsible for safeguarding your email, phone, and authenticator, and for all activity under your account.

Keep your profile information accurate. Notify us promptly of any unauthorized access or security incident. We may suspend or terminate an account we reasonably believe is compromised, fraudulent, abusive, or unlawful.

5. You assume the risk of dealing with other users

We do not verify the identity, qualifications, licensing, solvency, intentions, or conduct of any user, and we make no representation that any user, match, or Engagement is suitable, available, lawful, safe, or honest.

You are solely responsible for evaluating, vetting, negotiating with, contracting with, and deciding whether to engage any counterparty, and for the legality, safety, taxation, licensing, insurance, and performance of anything you offer, request, or exchange. You assume all risk arising from your dealings with other users, including non-performance, misrepresentation, fraud, defects, delay, loss, property damage, personal injury, or dispute.

Any contract you form with another user is solely between you and that user. We are not responsible for enforcing it.

6. Bonds, settlement, and financial risk

Engagements may use refundable bonds. When you post a bid, it may be charged and held as a bond through our payment processor. On successful completion confirmed by both sides, bonds are refunded. On default, the amount at risk is the "matched bond" — the lesser of the two parties' bonds — which may be transferred to the non-defaulting party as agreed liquidated damages; any surplus is refunded.

Bonds put real money at risk. You may lose your matched bond if you default, and you may not be made whole even if you perform. We do not guarantee recovery of any amount, nor the conduct of the other party. Payment processor fees, currency conversion, taxes, chargebacks, and reversals are your responsibility, and abusive chargebacks may result in suspension and collection.

Cross Matcher charges no commission on barter Engagements. Any applicable fees are disclosed before you commit and are otherwise non-refundable except as required by law.

7. Payments and third-party services

Payment processing, card handling, and payouts are provided by Stripe and are subject to Stripe's own terms and privacy policy. To receive funds (for example, damages on a default), you may be required to complete identity verification and onboarding with the processor. We do not store full card numbers.

The Service may link to or rely on third-party services (for example, payment, email/SMS delivery, mapping, and AI providers). We are not responsible for third-party services, and your use of them is governed by their terms.

8. Disputes between users; our limited role

If an Engagement goes wrong, either party may open a dispute. As a convenience and in our sole discretion, we may review submitted evidence and apply the matched-bond rule to allocate the bonds we hold. Our allocation of bonds is final as between the parties with respect to those bonds; it is not a court judgment, arbitration award, or legal determination of fault, and it does not limit any independent legal remedy you may have against the other party.

We act only as a facilitator. We are not an arbitrator, mediator, escrow agent, collection agency, or fiduciary except to the limited, express extent stated, and we are not liable for the outcome of any dispute between users.

9. Your content and acceptable use

You are responsible for the content you submit (profile, requests, messages, evidence). You represent that you have the rights to submit it and that it is accurate and lawful. You grant Cross Matcher a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, translate, create embeddings of, and display that content as needed to operate, secure, and improve the Service.

You will not use the Service to: break any law or regulation; offer or seek illegal, dangerous, or licensed-without-license goods or services, including weapons, drugs, sexual services, regulated financial or medical services, or stolen or counterfeit goods; defraud, deceive, launder money, evade sanctions or taxes, or finance illegal activity; post infringing, defamatory, harassing, hateful, sexually exploitative, or violent content; impersonate others or misrepresent affiliation; create fake or duplicate accounts; collude, wash-match, or manipulate matching, bonds, reviews, or reputation; scrape, crawl, reverse engineer, decompile, overload, probe, or circumvent security or access controls; or infringe anyone's rights.

We may screen, moderate, translate, filter, limit, remove, or refuse content, and may investigate suspected violations, cooperate with law enforcement, and suspend or terminate accounts, at our discretion, with or without notice.

10. Data, logging, and privacy

We process your account data and submitted content to provide matching (including generating text embeddings and translating displayed matches), to operate payments, to provide support, and to comply with law. Our Privacy Notice describes this in more detail.

For security, fraud prevention, and dispute resolution, we maintain an audit trail of key actions (such as registration, sign-in, claims, acceptances, completions, and settlement events), which may include IP address, device/user-agent, and timestamps. You can view your own activity trail in the app. You must not submit information about yourself or others that you are not authorized to share.

11. Intellectual property and feedback

The Service, including its software, models, design, and content (excluding user content), is owned by Cross Matcher and protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. All rights not expressly granted are reserved.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

12. Disclaimers — no warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY THAT MATCHES, COUNTERPARTIES, OR OUTCOMES WILL MEET YOUR EXPECTATIONS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Nothing on the platform is legal, financial, tax, accounting, or other professional advice. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CROSS MATCHER AND ITS OPERATORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY, OR FOR THE CONDUCT, PERFORMANCE, OR CONTENT OF ANY USER OR THIRD PARTY, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100. These limits do not apply to liability that cannot be limited under applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Cross Matcher and its operators from and against any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) arising out of or related to your use of the Service, your content, your Engagements or dealings with other users, your violation of these Terms, or your violation of any law or third-party right.

15. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend, restrict, or terminate your access at any time, with or without notice, including for suspected fraud, abuse, risk, non-payment, or violation of these Terms or law.

On termination, your license to use the Service ends. Provisions that by their nature should survive — including bonds and Engagements in flight, disputes, payment obligations, content licenses, disclaimers, liability limits, indemnities, and the governing-law and dispute-resolution terms — survive termination.

16. Changes to the Service and to these Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may update these Terms; if changes are material we will provide notice (for example, in-app or by email), and your continued use after the effective date constitutes acceptance of the updated Terms. The version you accepted is recorded against your account.

17. Governing law and dispute resolution with us

These Terms are governed by the laws of the jurisdiction in which Cross Matcher is established, without regard to conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods.

To the maximum extent permitted by law, any dispute between you and Cross Matcher will be resolved by binding individual arbitration rather than in court, and you and we waive any right to a jury trial and to participate in a class, collective, or representative action. You may opt out of arbitration within 30 days of first accepting these Terms by contacting us. Nothing in this section limits rights or remedies that cannot be waived under the mandatory consumer-protection laws of your place of residence, or either party's right to seek injunctive relief for intellectual-property or unauthorized-access claims.

18. General

Electronic communications: you consent to receive notices, agreements, and disclosures from us electronically. Severability: if any provision is unenforceable, the rest remains in effect and the provision is enforced to the maximum extent permitted. No waiver: our failure to enforce a provision is not a waiver. Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Entire agreement: these Terms and the documents they reference are the entire agreement between you and us regarding the Service. Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.

Contact: business@crossmatcher.com.