Terms of Service

1. Who we are and what these terms cover

These Terms of Service (“Terms”) govern access to and use of the Xpande website, applications, and related services (together, the “Platform”). “Xpande,” “we,” “us,” and “our” refer to the entity operating the Platform.

By creating an account, browsing, posting, applying, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

2. Definitions

• User means any person or entity that accesses or uses the Platform.
• Business (sometimes called a “Vendor”) means a User that posts tasks or otherwise engages Field Partners through the Platform.
• Field Partner (sometimes called a “Worker”) means a User that discovers, applies for, or performs tasks posted by Businesses.
• Task means a posted opportunity, assignment, or similar engagement facilitated through the Platform.
• User Content means information, text, images, files, communications, or other materials Users submit to the Platform (including job postings, applications, messages, and proof submissions).

3. The Platform is a marketplace, not an employer or service provider

Xpande provides technology that helps Businesses and Field Partners connect about local field tasks. Xpande is a technology platform and marketplace facilitator. Xpande is not an employment agency, staffing firm, joint employer, or guarantor of work outcomes.

When a Business and a Field Partner arrange work, they may form a direct relationship between themselves. Unless we expressly agree otherwise in writing, Xpande is not a party to agreements between Users for the performance of Tasks. Xpande facilitates connections only and does not directly perform Tasks, supervise on-site work, or control how Tasks are carried out in the physical world.

Xpande does not guarantee job availability, pricing, timing, suitability of counterparties, or business results. Nothing on the Platform should be understood as a promise of minimum hours, wages, benefits, or continued access to opportunities.

4. Eligibility, accounts, and security

You must be legally able to enter a binding contract in your jurisdiction and meet any minimum age requirements we publish on the Platform. You are responsible for the accuracy of account information and for safeguarding credentials. Notify us promptly if you suspect unauthorized access.

You may not share accounts in a way that conceals identity, evades enforcement, or misleads other Users. We may require verification steps consistent with fraud prevention, safety, and regulatory expectations.

5. User conduct and prohibited activities

You agree not to misuse the Platform. Without limitation, you must not:

• post or request illegal Tasks, or Tasks that require unlawful discrimination, harassment, or unsafe conduct;
• misrepresent identity, qualifications, insurance, licensing, or business authority;
• engage in fraud, collusion, fee avoidance, chargeback abuse, or payment manipulation;
• scrape, overload, or attempt to circumvent technical limits except as permitted by law;
• upload malware, attempt unauthorized access, or interfere with Platform integrity;
• collect personal information from other Users except as reasonably needed to perform a Task and consistent with applicable privacy law; or
• use the Platform in violation of applicable law or third-party rights.

We may investigate reports, remove User Content, suspend or terminate accounts, withhold payouts where reasonably necessary to mitigate harm, and cooperate with law enforcement where required.

6. User Content and licence to operate the Platform

You retain ownership of your User Content, subject to these Terms. You grant Xpande a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, and distribute User Content as reasonably necessary to operate, secure, promote, and improve the Platform, including sharing User Content with other Users as contemplated by product features.

You represent that you have the rights needed to grant the licence above and that your User Content does not violate law or third-party rights.

7. Tasks, instructions, and real-world outcomes

Businesses are responsible for the legality of Tasks, the accuracy of postings, the instructions they provide, and the outcomes of work they request. Field Partners are responsible for performing Tasks lawfully, safely, and in good faith, including obtaining any permits, licences, insurance, tools, or training reasonably required.

Xpande is not responsible for Task execution quality, on-site conduct, scheduling conflicts, property damage, personal injury, or disputes between Users, except where applicable law requires otherwise. We may publish community standards and operational policies; those materials are incorporated by reference when we link them from the Platform or expressly state they apply.

8. Payments, fees, and taxes

The Platform may include features that help Users coordinate payment, invoicing, or payouts. Unless we expressly state otherwise, Xpande facilitates payments between Users and is not the buyer or seller of the underlying services. Third-party payment processors may apply; their terms, fees, and privacy practices also govern you.

You are responsible for determining and remitting any taxes, withholdings, registrations, or filings applicable to your use of the Platform and your commercial relationship with other Users.

9. Disputes between Users

Disputes primarily arise between Businesses and Field Partners. Users are responsible for resolving those disputes. Xpande may, in its discretion, offer good-faith assistance (for example, reviewing limited records or messaging counterparties), but Xpande is not obligated to arbitrate, mediate, or decide disputes, and any assistance does not constitute a legal determination or endorsement of either side.

10. Intellectual property

The Platform, branding, and associated materials are owned by Xpande or its licensors and are protected by intellectual property laws. Except for the limited licence to User Content you grant us, these Terms do not grant you rights to our intellectual property.

11. Suspension, termination, and changes to the Platform

We may suspend or terminate access, remove Jobs or User Content, modify features, change fees, or update operational rules where reasonably necessary for safety, fraud prevention, legal compliance, or sustainable operations. We may also discontinue parts of the Platform.

You may stop using the Platform at any time. Sections intended to survive termination (including payment obligations accrued before termination, intellectual property, disclaimers, limitations, indemnity, and governing law) survive.

12. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

13. Limitation of liability

To the maximum extent permitted by applicable law, Xpande and its affiliates, directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost data, or business interruption, arising out of or related to the Platform or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Xpande’s aggregate liability arising out of or related to the Platform or these Terms will not exceed the greater of (a) one hundred Canadian dollars (CAD $100), and (b) the total platform fees (if any) actually paid by you to Xpande for use of the Platform in the twelve (12) months before the claim arose. If you have not paid fees in that period, the cap in (a) applies.

Some jurisdictions do not allow certain limitations. If applicable law does not permit a limitation, the limitation applies to the fullest extent permitted.

14. Indemnity

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Xpande and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your use of the Platform; (c) your Tasks, instructions, or performance of work; (d) your breach of these Terms or applicable law; or (e) disputes between you and other Users.

15. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy. By using the Platform, you acknowledge that notice.

16. Governing law and courts

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules that would require applying another jurisdiction’s laws.

Subject to applicable law and except where prohibited, you agree that the courts located in British Columbia, Canada have exclusive jurisdiction over disputes arising out of or related to these Terms or the Platform.

17. General

If any provision is held invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets. These Terms, together with policies incorporated by reference, are the entire agreement between you and Xpande regarding the Platform.