Terms of Service

1. Agreement to Terms

Welcome to LocalXP and Local Commons, community platforms operated by Pixel Mixel Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the LocalXP and Local Commons platforms, websites, mobile applications, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

2. Eligibility

You must be at least 13 years old to use LocalXP. If you are under 18, you must have permission from a parent or legal guardian. By using our Services, you represent and warrant that:

• You meet the age requirements
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws
• You have not been previously suspended or removed from the Services

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Types and Restrictions

LocalXP offers different account types with varying features, pricing, and usage rights. You must select the account type that accurately reflects your intended use.

Prohibited Account Misuse: You may NOT:

• Use a Personal account for business or commercial purposes
• Use profile descriptions, bios, or posts to advertise products/services without a Business account
• Circumvent account type restrictions by using workarounds
• Misrepresent your account type or business status
• Share account credentials to avoid purchasing additional accounts

4. User Content and Conduct

4.1 Your Content

You retain ownership of content you post on LocalXP ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with operating and providing the Services.

4.2 Prohibited Content — Zero Tolerance Policy

LocalXP maintains a ZERO TOLERANCE policy for harmful content. You agree not to post, share, or distribute User Content that includes:

• Adult/Sexual Content: Pornography, sexually explicit material, or nudity
• Hate Speech: Content promoting hatred or discrimination based on protected characteristics
• Harassment & Bullying: Threatening, abusive, or intimidating behavior
• Violence & Harm: Content promoting or inciting violence or self-harm
• Illegal Activities: Content promoting illegal activities or unlawful conduct
• Child Safety: Any content exploiting or sexualizing minors
• Misinformation: Deliberately false information that could cause harm
• Spam & Scams: Fraudulent schemes or unauthorized commercial solicitation
• Intellectual Property Violations: Content infringing on copyrights or trademarks
• Impersonation: Falsely representing yourself as another person or entity

4.3 Fraud, Misrepresentation, and Deceptive Practices

Prohibited fraud includes:

• False business claims or fake credentials
• Impersonation of another person, business, or organization
• Fake reviews or manipulated ratings
• Using a Personal account for commercial activities to avoid Business account fees
• Creating multiple free accounts to avoid paying for a single Business account
• Using stolen credit cards or initiating fraudulent chargebacks

4.5 Event and place photos

Some Services (including Local Commons) let signed-in users add photos to living events or other place contributions. By uploading a photo, you represent that:

• You took the photo or have the right to upload and share it
• The photo relates to the event or place you are contributing to
• You understand the photo may appear on the public living map with your credit name when provided

To reduce fake or off-site uploads, we may require the photo file to include capture location and capture time metadata (EXIF) and may reject uploads that do not match the event's place and time window. Attempting to forge, strip, or manipulate metadata to fake presence is prohibited and may result in removal of content or account action. Details on how we handle photo metadata are in our Privacy Policy.

4.6 Other Prohibited Activities

• Use the Services for any illegal purpose
• Attempt to gain unauthorized access to any part of the Services
• Interfere with or disrupt the Services or servers
• Use automated systems (bots, scrapers) without permission
• Collect or harvest user information without consent
• Reverse engineer or attempt to extract source code
• Manipulate metrics, engagement, or analytics

5. Community Engagement Insights

6. Community Guidelines

6.1 Community Creator Responsibilities

Community creators bear full responsibility for their communities and all activities within them. By creating a community, you agree to:

• Actively monitor and moderate all content posted in your community
• Screen, manage, and remove members who violate community rules
• Establish and enforce clear community guidelines
• Comply with all applicable laws and licensing requirements
• Handle all payment disputes, refund requests, and chargebacks
• Pay all applicable taxes on earnings from your community

6.2 Community Membership

As a community member, you agree to follow the community's specific rules and guidelines. Community creators may remove members who violate community rules.

7. Payments and Subscriptions

7.1 Pricing

Certain features and services require payment. All prices are displayed in Canadian Dollars (CAD) unless otherwise stated. We reserve the right to change pricing with 30 days' notice to active subscribers.

7.2 Payment Processing

Payments are processed through Stripe, our third-party payment processor. By making a payment, you agree to Stripe's terms of service. You authorize us to charge your payment method for all fees incurred.

7.3 Subscriptions

Subscriptions automatically renew unless cancelled before the renewal date. You can cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period.

7.4 Refunds

Subscription fees are generally non-refundable. We may provide refunds on a case-by-case basis at our sole discretion. To request a refund, contact hello@localxp.ca within 7 days of the charge.

7.5 Community Creator Payments

Community creators who charge membership fees receive payments through Stripe Connect. By accepting payments, you assume full financial and legal responsibility for all transactions.

8. Intellectual Property Rights

8.1 Our Rights

The Services, including all content, features, functionality, software, and design, are owned by Pixel Mixel Inc. and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

8.2 Trademarks

"LocalXP," our logo, and other marks are trademarks of Pixel Mixel Inc. You may not use our trademarks without prior written consent.

8.3 Copyright Infringement

If you believe content on LocalXP infringes your copyright, please contact us at hello@localxp.ca with a description of the work, location of the infringing material, your contact information, and a statement of good faith belief.

9. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or integrations. We are not responsible for the content, privacy practices, or terms of third-party services. Your use of third-party services is at your own risk and subject to their terms.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXEL MIXEL INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pixel Mixel Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising out of or related to:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws

12. Enforcement and Account Termination

12.1 Termination by LocalXP

We reserve the right to suspend or terminate your account immediately, with or without notice, for any violation of these Terms, harmful behavior, illegal activities, fraud, or at our sole discretion to protect the platform or its users.

12.2 Voluntary Termination

You may terminate your account at any time through your account settings (Settings → Privacy & Data → Delete Account) or by contacting hello@localxp.ca. A 30-day grace period applies before permanent deletion. Termination does not relieve you of any obligations incurred prior to termination.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at hello@localxp.ca to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

13.2 Arbitration

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be submitted to binding arbitration administered by the ADR Institute of Canada, in accordance with its Arbitration Rules, in Ontario, Canada. The arbitration shall be conducted in English.

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and not as part of a class action, consolidated action, or representative action.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts of Ontario, Canada for any disputes not subject to arbitration.

14A. Canadian Privacy Law (PIPEDA)

LocalXP is operated by Pixel Mixel Inc., a Canadian corporation. We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. Canadian users have the right to:

• Know what personal information we hold about you
• Challenge the accuracy and completeness of your information
• Withdraw consent for non-essential data processing (subject to legal and contractual restrictions)
• File a complaint with the Office of the Privacy Commissioner of Canada

To exercise these rights, contact our Privacy Officer at hello@localxp.ca.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page, updating the "Last Updated" date, and sending an email notification for significant changes.

Your continued use of the Services after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pixel Mixel Inc. regarding the Services.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or internet service provider failures.

17. Contact Information

If you have questions about these Terms, please contact us: