A1. Who we are and what we do
A1.1 SANZ VIBE MUSIC, CORP, operator of the XelyVibe marketplace, is a Florida corporation (Florida Document No. P23000011903) ("XelyVibe", "we").
A1.2 XelyVibe is a marketplace where clients ("Clients") find independent event service providers ("Vendors"), exchange requests, quotes and messages, and record bookings. We also administer payment collection, release, refunds and reversals as these Terms describe.
A1.3 These Terms are a contract between you and XelyVibe. The event service agreement is a separate contract between the Client and the Vendor (the "Service Agreement").
A2. Acceptance, changes and records of acceptance
A2.1 You accept these Terms by ticking the "I agree" box when you create your account, or by ticking it when we ask you to re-accept a new version before you continue using booking features. Vendors also accept the Vendor Agreement. Each Vendor assent to a quote and each Client signature of a Service Agreement also records that you accepted the version of these Terms incorporated in that booking.
A2.2 We keep a record of each acceptance: your account, the document, its version and hash, and the date and time.
A2.3 We may change these Terms. (a) Existing bookings: the versions archived for an existing booking never change retroactively. (b) Changes to these Terms for your account: we will give at least 30 days’ notice of a material change, in the app and on our website, and ask you to accept it before it applies to you. A materially changed version does not apply to you, and we do not require you to accept it, before that notice period has ended. (c) New accounts: once a new version is in force, an account created after that date accepts the version then in force.
A3. Accounts, eligibility and conduct
A3.1 You must be at least 18, give accurate information, keep your credentials secure, have authority to act for any business you represent, and follow the law.
A3.2 You must not use the platform to defraud, harass or mislead others, to infringe others’ rights, or to interfere with the platform.
A4. Marketplace role
A4.1 XelyVibe is not the provider of event services and is not a party to any Service Agreement. We do not employ, direct or control Vendors, and no employment, partnership, joint venture or agency arises between XelyVibe and any Vendor or Client from the platform.
A4.2 XelyVibe does not act as an escrow agent, trustee, fiduciary or bank, does not hold funds in a segregated or custodial account for any user, and does not promise a payout date, the recovery of any funds, or automatic dispute protection.
A5. Booking lifecycle
A5.1 A Client submits a request; a Vendor may send a quote, and by doing so gives its assent to that exact quote; the Client may accept or decline.
A5.2 Accepting a quote freezes the agreed service, price and legal-document versions and moves the booking to signature. The Vendor’s assent to the quote is an offer that the Client accepts only by signing the Service Agreement electronically; the Service Agreement is formed and binds Client and Vendor only at that moment. Payment can begin only after the Client signs.
A5.3 If a quote is changed, the earlier assent no longer applies and the Vendor must give assent again for the updated quote.
A5.4 Withdrawal before signature. Before the Client signs, no binding Service Agreement exists. The Client or the Vendor may withdraw through an action recorded by the platform. If either withdraws, no Checkout or payment takes place, the cancellation policy for a formed contract does not apply, and the platform keeps evidence of the withdrawal.
A6. Fees and payments
A6.1 Processing. Payments are processed by Stripe. XelyVibe does not store full card details.
A6.2 Collection. Booking payments are processed through Stripe on XelyVibe’s Stripe account. XelyVibe serves as the designated payment point for the booking, applies the payment to the Vendor service price and the Client service fee, and administers the Vendor amount under the release, refund and reversal rules described in these Terms. XelyVibe does not hold booking funds in escrow, trust or a segregated custodial account. Eligibility for release is not a guaranteed payment or payout date.
A6.3 Amounts. The Client pays the Vendor service price plus the Client service fee shown before acceptance. XelyVibe also collects a commission from the Vendor’s side of the booking under the Vendor’s membership tier and the financial snapshot fixed when the quote is accepted. These Terms create no other fee or tax; the only cancellation percentages are those in the Cancellation Policy. An estimated processing cost is not a guaranteed actual Stripe fee.
A6.4 Hold and release. After a payment is confirmed, XelyVibe records the Vendor’s amount as held in its own systems. This is an internal record, not a trust, escrow or segregated account. The amount becomes eligible for release at 09:00 America/New_York on the second Federal Reserve banking business day after the event date, subject to the banking calendar, readiness of the Vendor’s Stripe account, administrative holds and payment checks. Release requires action by XelyVibe. Eligibility is not a promised payment date. A transfer to a Vendor’s Stripe account and a bank payout are separate operations.
A6.5 Holds and adjustments. XelyVibe may delay a release, reverse a transfer, or apply a refund where a refund is granted under Section A7, a chargeback or payment reversal occurs, a payment check fails, or the law requires. XelyVibe does not guarantee that funds can be recovered from a Vendor.
A7. Cancellations, refunds, reversals and chargebacks
A7.1 After the Client has signed, cancellation is handled under the Cancellation Policy version archived for the booking: a grace period, a fixed schedule based on the time remaining before the event start, and a full refund when the Vendor cancels. Requests are made in the XelyVibe app or through support and are reviewed and executed by XelyVibe. A Client may report a Vendor no-show through support even after the event start; XelyVibe reviews the evidence manually. Rescheduling requires agreement between Client and Vendor.
A7.2 The refund calculated under the policy is the TOTAL minimum refund entitlement for the booking, not an additional payment each time a request is made: refunds already paid for the booking count toward it, successful earlier refunds reduce the remaining amount due, and no refund may exceed the amount actually paid and still refundable. For example, if the minimum is $375.00 and $100.00 has already been refunded, the remaining minimum due is $275.00, not another $375.00. The Client does not choose the amount of an ordinary cancellation. A refund above the minimum must identify whose money funds it: the Vendor may voluntarily authorize an additional refund from the amount the Vendor would retain, and XelyVibe may voluntarily refund some or all of the Client service fee that XelyVibe retains. XelyVibe does not reduce the amount a Vendor retains below the policy schedule without the Vendor’s agreement unless an independent ground in the Cancellation Policy applies (a Vendor cancellation; an established Vendor failure to perform, including a no-show; applicable law; a valid chargeback, payment reversal or recovery right; or another right expressly agreed in the booking’s frozen terms); neutral emergencies and force majeure do not by themselves allow it. No clause removes a refund right that the law makes mandatory.
A7.3 The Client service fee is refunded only in the cases the Cancellation Policy states (during the grace period and when the Vendor cancels); otherwise it stays with XelyVibe.
A7.4 XelyVibe keeps the Vendor’s releasable amount on hold while a cancellation is open and reduces it by any refunded Vendor amount. If a transfer to a Vendor has already been made, a transfer reversal may be needed before the refund and the case is handled manually. If a reversal or refund fails, it requires further review and is not presented as completed. Processing times depend on Stripe and the payment method; an immediate refund is not promised.
A7.5 Chargebacks follow the card network and issuer processes and are not resolved automatically by these Terms. Nothing here waives a right that the law or the card networks give you. We encourage you to contact support first, but that is not a condition of any right. XelyVibe may respond to a chargeback and provide records.
A8. Disputes between users
Disputes about the event services are between Client and Vendor. XelyVibe may facilitate communication or review a payment or refund request, but there is no dedicated dispute-resolution process today and XelyVibe does not promise to resolve any dispute.
A9. Release
To the extent permitted by law, you release XelyVibe from claims arising from another user’s event services or conduct, or from the relationship between you and that user. This release does not cover XelyVibe’s own conduct or its obligations under these Terms, does not release fraud, willful misconduct or gross negligence, and does not waive any right that the law does not allow you to waive.
A10. Disclaimers and limitation of XelyVibe’s liability
A10.1 XelyVibe does not guarantee any Vendor’s performance, quality, punctuality or conduct, or any Client’s or guest’s conduct, or that a booking will take place. The platform is provided "as is" and "as available", without warranties beyond those that cannot be excluded by law.
A10.2 To the extent permitted by law, XelyVibe’s total liability to you for claims about a booking is limited to the amount you paid or received through XelyVibe for that booking, and XelyVibe is not liable for indirect, incidental, special, consequential or punitive damages.
A10.3 This limit does not apply to XelyVibe’s obligation to refund or transfer funds that it holds and owes under these Terms and the incorporated policies, to fraud, willful misconduct or gross negligence, or to liability that cannot lawfully be limited.
A10.4 For claims that are not about a booking (for example account or membership claims), these Terms add no separate cap; the general limits that applicable law permits apply.
A10.5 Nothing in this Section waives mandatory consumer rights or excuses XelyVibe’s own unlawful conduct.
A11. Indemnification
A11.1 Each user will indemnify XelyVibe against third-party claims, losses and reasonable legal fees to the extent caused by that user’s conduct, breach of these Terms or of a Service Agreement, or responsibility described in this Section. A Client’s responsibility includes inaccurate information it gave, venue conditions or access it controls, and its guests’ conduct. A Vendor’s responsibility is stated in the Vendor Agreement.
A11.2 No indemnity covers XelyVibe’s own negligence, willful misconduct or unlawful conduct.
A11.3 XelyVibe will give prompt notice of a claim; the indemnifying user may control the defence in good faith with counsel reasonably acceptable to XelyVibe, but may not settle in a way that admits fault by, or imposes an obligation on, XelyVibe without its consent; each party will cooperate reasonably.
A12. Suspension
XelyVibe may suspend or restrict an account that violates these Terms, engages in prohibited conduct, or poses a risk to the platform or other users. Where reasonably possible, XelyVibe will provide notice of the reason for a suspension.
A13. Profile content and licence
Artists retain ownership of the photos, videos, descriptions, and other content they upload to their public profile. By uploading content, an artist grants XelyVibe a license to display that content on the platform (including artist cards, search results, and the artist’s public profile page) for as long as the profile remains published.
Artists are responsible for ensuring they have the right to upload and display any content on their profile, and for keeping their profile information (services, pricing, availability, and media) accurate and current.
A14. Memberships and commission rates
XelyVibe also collects a commission from the artist’s side of the same booking, based on the artist’s membership tier: Standard 5%, Elite 4%, Platinum 2.5%, and Diamond 0%. This commission is deducted from the amount paid out to the artist.
The artist commission rates listed above are in effect as of this document’s effective date and may be updated by XelyVibe from time to time; any change will apply to bookings accepted after the change takes effect.
XelyVibe offers optional paid membership plans for artists, currently Elite and Platinum, billed on a recurring monthly or yearly basis through Stripe. A membership plan determines, among other things, the commission rate described above.
Artists can manage or cancel their subscription through the billing controls available in their dashboard. Subscription changes take effect according to the billing cycle in place at the time of the change.
A15. Electronic records
You agree to receive these Terms, notices and booking records electronically and that your electronic acceptance has the same effect as paper under the federal E-SIGN Act and Florida’s Uniform Electronic Transaction Act. You can download copies from your account or ask support for a paper copy.
A16. Privacy
The Privacy Policy is a separate notice. It is referenced here but not incorporated, and it is not a promise to perform any event.
A17. Governing law and forum (XelyVibe and users)
A17.1 These Terms and any claim between you and XelyVibe are governed by the law of Florida, without limiting any mandatory law that protects you.
A17.2 Claims involving XelyVibe may be brought in the state courts located in Orange County, Florida, or the U.S. District Court for the Middle District of Florida, Orlando Division, except where mandatory applicable law permits or requires another forum. Small-claims rights are preserved.
A17.3 The Service Agreement between Client and Vendor has its own governing-law clause (the law of the state where the event takes place).
A17.4 These Terms contain no arbitration agreement, no waiver of jury trial and no waiver of class or collective actions. Any arbitration between XelyVibe and users could arise only from updated Terms that you expressly accept.
A18. Notices and contact
Notices to XelyVibe go to support@xelyvibe.com. We notify you through your account and registered email.
A19. General
A19.1 These Terms, the Vendor Agreement (for Vendors) and the Booking, Cancellation and Pricing policies are the entire agreement between you and XelyVibe about the platform. If they conflict, mandatory law prevails, then the Cancellation Policy for cancellation and refund treatment, then these Terms, then the Vendor Agreement for Vendors.
A19.2 If a provision is invalid the rest stays in effect. XelyVibe may assign these Terms in a business transfer and will give notice.
A19.3 The English and Spanish versions have the same meaning.
B. Client supplement
B1. Give accurate event information and keep it up to date.
B2. Use only payment methods you are authorised to use. Do not make false payment or chargeback claims.
B3. You acknowledge that the Service Agreement is with the Vendor, that XelyVibe operates the marketplace and administers payment, and that XelyVibe does not provide the event services.
B4. We encourage you to keep booking communications on the platform so the record of what was agreed is preserved. This is not a condition of any right.