V1. Relationship
You act as an independent contractor. You are not an employee, partner, joint venturer or agent of XelyVibe. You set your own prices, availability and service descriptions and decide how to perform. XelyVibe operates the marketplace and does not direct or supervise your services.
V2. Accuracy
Keep your profile, quotes and inclusions accurate and quote only services you can deliver.
V3. Assent to a quote
Sending a quote with the assent box ticked is your assent to that exact quote (price, date, time, duration, place, inclusions and exclusions) and to the Service Agreement and incorporated documents in both English and Spanish, which have the same meaning. The Service Agreement is issued to the Client in the Client’s preferred language when that is English or Spanish, and in English otherwise. Your assent is an offer that the Client accepts only by signing; you are legally bound to the Client only when the Client signs. Until then you or the Client may withdraw through an action recorded by the platform, and no Checkout or payment takes place. Terms are frozen when the Client accepts the quote and neither party may unilaterally rewrite them. If you change any term of a quote, your earlier assent no longer applies and you must give it again for the updated quote.
V4. Stripe account
To receive transfers you must keep an active connected Stripe account and follow Stripe’s own terms. XelyVibe is not responsible for Stripe’s decisions about your account.
V5. Payment 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 the Platform 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.
V6. Permits, licences, insurance and taxes
You are responsible for the permits, licences, insurance and taxes legally applicable to your activities. XelyVibe sets no such requirement in this Agreement and does not verify them.
V7. Holds, release and adjustments
Release follows Platform Terms A6.4 and A6.5. XelyVibe may delay a release or reverse a transfer where a refund, chargeback, payment reversal or payment check requires it, and keeps a release on hold while a cancellation is open. The amount that can be released to you is reduced by any Vendor amount refunded to the Client. You will cooperate with legitimate payment inquiries and give accurate evidence. Recovery rights are subject to applicable law and these policies, and XelyVibe does not guarantee that funds can be recovered.
V8. Commission
XelyVibe collects a commission from your side of each booking under your membership tier and the financial snapshot fixed when the Client accepts the quote. A later change to rates applies only to bookings accepted after it takes effect.
V9. Cancellations and refunds
Cancellations follow the Cancellation Policy version archived for the booking. If the Client cancels, you keep the share of the Vendor amount that the policy states, less your commission at the rate frozen in the booking, released after the event under V7. If you cancel, the Client is refunded everything paid and you receive nothing for the booking. If you fail to perform the booked service without an agreed reschedule, the Client may report it through XelyVibe support even after the scheduled event start. XelyVibe may review the evidence and, where a Vendor no-show or non-performance is established, treat it as a Vendor cancellation for refund purposes. This is a manual review: it is not automatic, and XelyVibe does not promise a particular outcome or timing. The policy amount is the minimum Client protection, counted as a total: refunds already made count toward it. You may voluntarily authorize an additional refund from the amount you would retain, but you cannot impose a lower refund. XelyVibe may refund its own Client service fee, but will not take more of your retained amount without your agreement except on an independent ground stated in the Cancellation Policy (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. You cannot move money; XelyVibe reviews each request and executes refunds. If a transfer to you has already been made, recovery is handled manually under the Platform Terms and V7.
V10. Conduct rules
You agree to use XelyVibe honestly and professionally: representing your services accurately, communicating in good faith with clients, and not using the platform to harass, defraud, or mislead clients or other artists.
If you are on the free Standard tier, your published bio, headline, and service descriptions may not contain a directly detectable email address or phone number — this restriction does not apply to Elite, Platinum, or Diamond artists. Attempting to route clients away from the platform to avoid XelyVibe’s fees is a violation of this Agreement regardless of membership tier.
V11. Vendor indemnity
You will indemnify XelyVibe against third-party claims, losses and reasonable legal fees to the extent caused by your conduct, breach of this Agreement or a Service Agreement, or your responsibility for your personnel, equipment, content or music rights you supply, permits and licences you must hold, or taxes. No indemnity covers XelyVibe’s own negligence, willful misconduct or unlawful conduct. Notice, defence control and cooperation follow Platform Terms A11.3.
V12. Memberships
XelyVibe offers a free Standard tier and paid membership plans — Elite and Platinum, billed on a recurring monthly or yearly basis through Stripe — plus a Diamond tier. Your membership tier determines the commission XelyVibe collects from your side of each booking: Standard 5%, Elite 4%, Platinum 2.5%, and Diamond 0%. This commission is deducted from the amount paid out to you.
You can manage or cancel a paid membership through the billing controls in your dashboard. Plan changes take effect according to the billing cycle in place at the time of the change. These rates are the rates in effect as of this document’s effective date and may be updated by XelyVibe from time to time; any change applies to bookings accepted after the change takes effect.
V13. Electronic records
You consent to give assent and receive records electronically, with the same effect as paper under the federal E-SIGN Act and Florida’s Uniform Electronic Transaction Act.
V14. Governing law
This Agreement is governed by the law of Florida; forum as in Platform Terms A17. There is no arbitration agreement, jury-trial waiver or class-action waiver. Your Service Agreement with a Client is governed by the law of the state where the event takes place.
V15. Precedence
Mandatory law prevails; then, for Vendor matters, this Agreement prevails over the Platform Terms; the Cancellation Policy controls cancellation and refund treatment. Sections V16 to V18 are carried forward from the earlier Artist Agreement.
V16. Profile publication rules
You agree to keep your public profile — including your name, categories, bio, services, pricing, availability, and media — accurate, current, and a fair representation of the services you actually offer and can deliver.
Publishing your profile is self-service: XelyVibe does not review or approve your profile before it goes live, and publishing requires at minimum a display name, at least one category, and at least one profile photo. XelyVibe is notified automatically whenever you publish, and may review your profile at any time against these obligations and the conduct rules described below.
V17. Content ownership and licence
You retain ownership of the photos, videos, descriptions, and other content you upload to your profile and gallery. By uploading content, you grant XelyVibe a limited, non-exclusive license to display that content on the platform — including artist cards, search results, and your public profile page — for as long as your profile remains published.
You are responsible for ensuring you have the right to upload and display any content on your profile. Removing content from your profile, or unpublishing or deleting your profile, ends XelyVibe’s license to display that content going forward.
V18. Suspension and termination
XelyVibe may suspend or ban your account if you violate this Agreement, engage in prohibited conduct, or pose a risk to the platform, clients, or other artists. A suspended or banned account is immediately removed from public search and profile pages, and you lose access to profile editing, media uploads, and other artist-editor actions until the account is restored.
You may unpublish, close, or permanently delete your own artist profile at any time through your dashboard. XelyVibe will restore a suspended account when it determines the concern has been resolved; a ban is a more persistent action than a suspension.