Terms of Service

Code of conduct:

Wyxii has a zero tolerance policy for term infringements or behavior perceived with general rudeness or disrespect. 

Summary for sellers:

 
1. Seller includes shipping, taxes, and any fees in their total cost.

2. Seller is responsible for their own tax filing.

3. Most things can be posted that are both mystical, safe, not age restricted, and legal. Please read the terms for the expanded list. There are restrictions on native products which should be linked to native sellers. There are restrictions on third party products.

4. USA commission is 9.8% + $1 per product sold

5. International commission is 13.8% +$1 per product sold to accommodate currency conversion.

6.Featured listings are purchased from Wyxii at a flat rate, or commission. Flat rate sales  incur the baseline commission upon sale. Featured listings based on commission are charged 23% + $1 per product sold.

*Keep in mind Paypal has fees for payment and/or withdrawal of payment for businesses.*

7.Fees are non refundable. Even if your customer requests a refund. The transaction fees are final, as the credit card company does not reimburse wyxii.

8. Featured listings will show rotationally on the front page of the website, or may appear in other advertisements on social media or newsletters. 

9. Absolutely nothing hateful or discriminatory or unsafe or illegal may happen on the platform. All items can be reported. All interactions can be reported. Accounts will be suspended if terms are infringed.
 

10. You may sell products that are: mystical, safe, legal and not age restricted in all 50 states

11. Reading and services may NOT use the following terms: psychic; health; healing; treating; curing; finance; legal; medical; business or similar

12. You may NOT sell anything unsafe; illegal; age restricted; non-mystical; CBD; tobacco; intoxicants; psychedelics; or their paraphernalia etc; poisonous plants; unsafe or toxic products. You may NOT drop-ship; POD; third party sell; copy/steal artwork; sell unrepresented native products. You may NOT make claims to heal; treat; or prevent disease You may NOT make claims to be all-knowing/omniscient. Appropriately add FDA and Entertainment disclaimers. No hate; harassment; discrimination; scams

13. International sellers/shipments must choose appropriate "collection"

14. Deactivation and or fines may be issued for abuse of terms

15. All metaphysical items and services are for Entertainment Purposes only and do not replace professional medical/legal/ business opinion and advice. All readings should be considered for Entertainment Purposes Only. No guarantee can be made to the accuracy of a reading, item, or service. A reading does not replace professional medical/legal/ business opinion and advice. A reading, object, or service does not impose control over free-will and common sense. 

16. All apothecary items (teas, tinctures, etc) are not evaluated by the FDA and should not be used nor claim to treat, heal, or prevent disease. These products should also not be used during pregnancy or breastfeeding. Any statement on apothecary items have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. The seller should also indicate appropriate use and disclaimers. Do not ingest products, or serve food on any products, that do not specifically indicate for food or beverage use.

Read the full terms and accept them in order to use Wyxii. 

 

Accepting These Terms

This document makes up Wyxii’s Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Wyxii. We refer to Wyxii, its owners, and all of its subsidiaries collectively as “Wyxii.”

Please note that Section: Disputes with Wyxii, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Wyxii.com, and the other services provided by Wyxii (our “Services”), it is your responsibility to read them carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use Wyxii.


FINANCIAL: FEES AND PAYMENTS

The seller will pay Wyxii a commission which is automated at sale for the following:

Standard listings:
9.8% of total + $1 per product sold.

International (for products sold or shipped outside of USA):
13.8% of total + $1 per product sold.

Featured listings:
Featured listings are purchased from Wyxii at a flat rate, and then incur the baseline commission upon sale (standard or international listed above).

*Commission is on the total sale, including the shipping and tax costs added by the seller. Product fee is per product sold


Shipping requirements: Seller pays for their own shipping and includes it in the total price or in a "marketplace shipping" rate. Sellers are required to fulfill and ship within a max of 14 days of their indicated processing time that they relay to the customer on the product's page. Sellers are asked to be honest about their processing times. If items are not fulfilled, they will be subject to debt to Wyxii.

Marketplace shipping fee
If the seller does not include shipping in their total price (aka "Free shipping), customer is charged a shipping fee by Wyxii of 20% of sellers established marketplace shippping rate at checkout.

Nonrefundable fees
BOTH THE FIXED % AND THE FEE ARE NON-REFUNDABLE UPON SALE. Fees will not be refunded, even if your customer makes a return or you cancel an order after sale. You will still be charged this fee via PayPal. If you were paid for the sale and the customer requests a refund that you decide to honor you must return the payment, in full, to Wyxii. If there is a credit card transaction contested by the customer, the seller will be responsible for any costs/fees associated. 

Why? Wyxii facilitates the transaction to go through, fraud prevention, ensures that the transaction is secure (i.e. your customer's credit card info is safe), and spend time monitoring the system which requires payment.

Seller agrees to include all costs, including shipping (free or marketplace), taxes, fees, etc in their total price at checkout.

Sales, VAT, and income tax: Sellers are responsible to report and file their own taxes and abide by tax laws in their state and federally. Wyxii does not file and provides no service for taxes.

Debts: If a payment to Wyxii is not validated, or if a seller does not fulfill orders within a max of 14 days of their promised processing time, or if a refund is required to the customer for items not received, or if paypal payment was sent to the seller that does not fulfill their promised shipping, and the seller incurs money owed (debt) from the seller to Wyxii, the seller agrees to pay Wyxii within 30 days for money’s due. Accounts with debt greater than 30 days will be closed. There is an additional 10% annual fee (interest) for any balance without payment received within 30 days.


PAYMENTS ARE ISSUED VIA PAYPAL UPON THE VERIFICATION OF THE CREDIT CARD TRANSACTION 7 TO 14 DAYS AFTER THE SALE, TYPICALLY WITHIN 10 DAYS. Payment is generally finalized within 10 days, however, this time may be extended (14+ days) if a customer’s payment is flagged or the system is delayed for unforeseen reasons, or any processing time delays from the sellers bank or PayPal.

The seller is responsible to provide an accurate and valid PayPal email, mistakes paid to incorrect accounts will be a cost incurred by the seller's error and added to money owed to Wyxii. If payment to the seller is not received for some reason within 30 days, the seller must contact Wyxii.


Taxes: the seller will file and pay their sales taxes in their state as appropriate  


What can be sold:

Handcrafted items, art, mystic and metaphysical supplies, gifts from around the world, natural lifestyle products, herbs, candles, crystals, books, tarot, containers, tapestries, readings, classes, antiques, relevant digital downloads (you'll need to provide your own links) etc. The product should have a direct purpose to serving the mystic or spiritual community.

 

Restrictions on products reserved for indigenous creators: White sage/California white sage may only be sold by Native American creators. It is also asked that those who purchase this product be mindful that the Native American ceremony of smudging is considered a "closed" ritual reserved to Native Americans, however, a smudging ceremony is not to be confused with herb bundles intended as herbal incense (they are considered separate-- one is a culturally preserved ritual and one is incense). Native products such as headdresses, dreamcatchers, and indigenous jewelry must be authentic and be sold by indigenous creators or their approved affiliate with a demonstrated respect/reputation/fair compensation for native goods. 

 

What cannot be sold:

Any item that does not meet community guidelines at the discretion of Wyxii management including but not limited to :

X-rated material, illegal goods, goods that can be used for drug use (pipes, hollow needles etc), anything with an age prohibition (such as alcohol, CBD, or tobacco), hazardous goods, poisonous plants or their derivatives/extracts, body fluids, irrelevant goods (ie: electronics or mass manufactured items that are not relevant to the spiritual or mystic community), drop-shipped items, or items shipped by a third party (such as tshirt print on demand) or items reported by the community or Wyxii as discriminatory, hateful, or irrelevant.

 
If you have a product you think would be a good fit but might infringe on the base-guidelines you can seek approval or appeal by contacting wyxii, subject to their approval.

 
Community guidelines

#1: Have fun, shine on.

#2 The following are not tolerated under any circumstance and will revoke any permission to Wyxii's services (they will be reported if necessary and blocked): discrimination for any reason (race, ethnicity, sexual orientation, religion, gender, etc), hate speech, hateful propaganda, misleading information about healthcare or offering medical advice without a license, malicious or disturbing content, references to illegal activities or anything deemed inappropriate or egregiously disrespectful by Wyxii as a community.

Any user may report any activity they find incongruent with the terms, unethical, stolen, appropriated, hateful, or discriminatory by contacting wyxii.

Ads

Purchasing ad space or promotions on Wyxii does not guarantee conversions of sale and are sold as a duration of time. 

Privacy

By using Wyxii, you're also agreeing that it can process your information for the sake of the services. Your information will not be sold to other parties by Wyxii or its owners.

Wyxii was created using Shopify software and Webkul software.

Wyxii users and sellers agree to the privacy policies set forth by those entities.

They are available here:

https://webkul.com/privacy-policy/

https://www.shopify.com/legal/privacy

Both Wyxii and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Wyxii, will be responsible for that unauthorized disclosure. 

If, however, Wyxii and sellers are found to be joint data controllers of buyers’ personal information, and if Wyxii is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Wyxii for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Wyxii.

 

Your Account with Wyxii

You’ll need to create an account with Wyxii to use some of our Services. Here are a few rules about accounts with Wyxii:

A. You must be 18 years or older to use our Services. 


B. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. It’s the user’s sole responsibility for any activity on their account.

F. Users and visitors agree not spider, scalp, or hack Wyxii or its seller’s information or embed malicious software.

G. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Wyxii. Sellers utilize Wyxii as webspace and a way to process sales. Being a seller on Wyxii is not considered an employee of Wyxii or a partner of Wyxii.

 
Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to any of your content

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Wyxii a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Wyxii function.

C. Rights You Grant Wyxii. By posting Your Content, you grant Wyxii a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Wyxii, your Wyxii shop, or the Services in general, in any formats and through any channels, including across any Wyxii Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

D. Reporting Unauthorized Content. Wyxii has great respect for intellectual property rights and community guidelines, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us immediately and provide what is requested to verify.

E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Wyxii’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any prohibited items in our discretion, of our community discretion, and its moderators. You may not claim to heal or to be omniscient or all knowing or any other grandiose metaphysical claim that imposes risk to consumers or Wyxii.

 

Your Use of Our Services

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with any sanctions, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Wyxii, another Wyxii user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Wyxii. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, Wyxii will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.”

C. Don’t Steal from Wyxii, Wyxii customers, or Wyxii creators/sellers. Stealing is taking property, content, money, services, or anything you do not have ownership without communication or an agreed transaction.

D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

E. The name "Wyxii" and the other Wyxii marks, phrases, logos, and designs that we use in connection with our Services (the Wyxii Trademarks), are trademarks, service marks, or trade dress of Wyxii in the US and other countries. Wyxii sellers use Wyxii as webspace and as a marketplace for sales, they are not employees or partners of Wyxii. 

Disclaimers

All patrons and observers of this site agree and understand the following terms:

All products and services on this site are for entertainment purposes only, have not been evaluated by the Food and Drug Administration, are not intended to diagnose, treat, cure, or prevent any disease, and are not a substitute for legal, business, or medical advice. Sellers and manufacturers are responsible for their listings. For additional information about a product, please contact the manufacturer. Wyxii.com and its partners or employees assume no liability for inaccuracies or misstatements about products.

"Metaphysical", "psychic", and "witchcraft" items and services are intended for entertainment purposes only.

FDA: Do not ingest products, or serve food on any products, that do not specifically indicate for food or beverage use.

The statements on this site have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease.

Tarot/Palmistry/Psychic/Mediumship readings: FOR ENTERTAINMENT PURPOSES ONLY. All spiritual and metaphysical readings are for entertainment purposes only, and no guarantee can be made to the accuracy of a reading. A reading does not replace professional medical/legal/ business opinion and advice. It will not force you to follow a particular course of action, or attempt to exert any form of control over your free-will and common sense. The contents of a tarot reading are not legally binding. Any decisions made, or actions taken by you as a result of your tarot reading are your sole responsibility and have not been forced upon you. Paying to receive a reading you agree there is no legal liability for any damages, losses, or other consequences of any of your decisions, subsequent to, or based on, the readings by Wyxii sellers or Wyxii.

Spiritual services, spells, psychic, and energy: FOR ENTERTAINMENT PURPOSES ONLY. Items are made with a spiritual and philosophical connection and do not impact anyone's free-will or life-course. Kindly do not submit requests for personal situations that require professional intervention, these requests will likely be denied or referred. These products are not intended to diagnose, treat, cure, or prevent any disease. These products have not been evaluated by the FDA. Requests are subject to approval, a refund will be given for requests that are out of scope or of questionable legal nature. The output of energy work, spell, or mystical item are not legally binding. Any decisions made, or actions taken by you as a result of your practices are your sole responsibility and have not been forced upon you. Paying to receive a spiritual service you agree there is no legal liability for any damages, losses, or other consequences of any of your decisions, subsequent to, or based on, the service you receive by Wyxii Sellers, or Wyxii as a platform.

Termination

 

Termination By You. You may terminate your account with Wyxii at any time from your account settings. You must pay any outstanding bills and you may request termination by contacting us.

Termination By Wyxii. We may terminate or suspend your account (and any accounts Wyxii determines are related to your account) for any reason, at any time, without notification, and at will. Wyxii has no contractual or legally binding reason to allow any person to continue to use our Services, especially those who have infringed on the terms.

If you or Wyxii terminate your account, you will lose any information associated with your account, including Your Content.

We May Discontinue the Services Wyxii reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Wyxii’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

 

Warranties and Limitation of Liability (the Things You Can’t Sue Wyxii For)

Items You Purchase. You understand that Wyxii does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Wyxii cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Wyxii from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access or Create. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Wyxii is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.
 

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Wyxii is not a party to those agreements; they are solely between you and the third party.

 

Gift Cards and Promotions. You acknowledge that Wyxii does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.


(EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WYXII, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL WYXII’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID WYXII IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification (or What Happens If You Get Wyxii or its Affiliates Sued)

If Wyxii or its affiliates gets sued because of something that you did, you agree to defend and indemnify us and be financially responsible for the repercussions or losses incurred. That means you’ll defend Wyxii (including any of our employees) and hold us harmless from any legal claim or demand (including attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate.

Disputes with Other Users

If you find yourself in a dispute with another user of Wyxii’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. This includes contacting financial institutions if goods for services were not obtained.

 

Release of Wyxii. You release Wyxii from any claims, demands, and damages arising out of disputes with other users or parties.


Disputes with Wyxii

A. Governing Law. The Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and Wyxii agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect, unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Wyxii are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $1,000 USD, Wyxii will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.


D. Forum. We’re based in Texas, so any legal action against Wyxii related to our Services must be filed and take place in Texas. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Texas, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Wyxii agree to submit to the personal jurisdiction of a state or federal court located in Texas if your contract is with Wyxii.

E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas.

F. Modifications. If we make any changes to this “Disputes with Wyxii” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Wyxii prior to the date the changes became effective. Wyxii will notify you of substantive changes to the “Disputes with Wyxii” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Wyxii a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Wyxii in accordance with the provisions of this “Disputes with Wyxii” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.


Changes to the Terms and Pricing

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message notification on the seller platform about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
 

Additional Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Wyxii regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 
Applications on the Apple and GooglePlay Stores

On behalf of Wyxii, the applications on Apple and Google Play stores were developed by Gibler Shaw Enterprises, GiblerShawEnterprises.com. Gibler Shaw Enterprises has exclusive permission to list, modify, or delete them in the app stores respective to their agreements with Wyxii. Use of the application also applies the terms reflected on Wyxii.com.

Contact Information

If you have any questions about the Terms, please email us at wyxiihelp@gmail.com.