These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and XaıGH ("Company", "we", "us", or "our"), concerning your access to and use of the XaıGH platform.
Arbitration Notice
You agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
1. Acceptance of Terms
By registering for an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you are prohibited from using the Platform and you must discontinue use immediately.
2. Description of Services
XaıGH provides an online marketplace and operating layer that connects businesses seeking short-term labor ("Requesters" or "Employers") with individuals seeking short-term work opportunities ("Professionals" or "Workers"), while supporting screening, attendance, payroll, insurance, and account review processes.
3. Worker Classification
For covered shifts, XaıGH uses a W-2/EOR operating model unless a separate written agreement and jurisdiction-specific process states otherwise.
- Covered shifts: Payroll, tax documentation, worker accident insurance, and work records stay attached to the approved shift.
- EOR engagement: If an EOR is assigned for a specific shift, the employment relationship and payroll obligations are handled through that designated EOR.
4. User Conduct & Obligations
You agree not to use the Platform for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Platform. You agree not to attempt to gain unauthorized access to any accounts, computer systems, or networks connected to the Platform.
5. Fees and Payments
For Requesters: You agree to pay all applicable fees and taxes. We reserve the right to authorize your payment method to ensure sufficient funds are available. Fees are non-refundable except as required by law.
For Professionals: Payment for completed shifts will be deposited into your designated account according to our standard payout schedule or via Instant Pay (subject to additional fees). We are not responsible for delays caused by third-party payment processors or inaccurate bank details.
6. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Account Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Platform, with or without notice, for any reason, including without limitation, breach of these Terms, fraudulent activity, or conduct harmful to other users of the Platform or to our business.
8. Dispute Resolution
Any dispute arising out of or related to these Terms will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding related to the Platform shall be brought exclusively in a federal or state court of competent jurisdiction sitting in San Francisco County, California.