Welcome to XO Bestie LLC (“XO Bestie,” “we,” “us,” or “our”), a Delaware limited liability company operating an online community and marketplace for women’s fashion, beauty, wellness services, and creator experiences. By accessing or using our mobile application, website, or related services (collectively, the “Platform” or “Services”), you agree to these Terms of Use (the “Terms”). If you do not agree, do not use the Services.
These Terms form a legally binding agreement between you and XO Bestie. Please read them carefully.
You must be at least 18 years old to use the Platform including the mobile applications, websites or related services. By creating an account, you represent that you meet these criteria and that all information you provide is accurate and current.
To access certain features, you may need to register and create an account. You agree to maintain the confidentiality of your login credentials and are fully responsible for activities that occur under your account.
You are responsible for providing and updating accurate account information. We reserve the right to suspend or terminate any account containing false, outdated, or incomplete information.
XO Bestie offers multiple user roles:
Shoppers: May browse, purchase items, and list used fashion/accessories for sale.
Sellers: May list and sell new products, subject to additional guidelines.
Creators (Influencers): May share curated looks, link items for sale, list & sell products, earn from third party partnerships and affiliates.
Service Providers: May offer verified beauty and wellness products and services.
Your chosen roles may require providing additional information or verification, and XO Bestie reserves the right to approve, deny, or revoke these roles at any time.
All payments made through the XO Bestie Platform are processed by independent third-party payment processors integrated with the Platform.
By initiating or accepting a transaction, you authorize XO Bestie LLC and its designated payment partners to process payments, collect applicable fees, and remit funds in accordance with the Platform’s operational terms.
You acknowledge and agree that XO Bestie LLC does not directly hold, transfer, or store payment funds on behalf of users, and that payment processing is subject to the separate terms, conditions, and privacy policies of the applicable payment provider.
Sellers, service providers, and creators must maintain accurate payout information and ensure compliance with all applicable tax and banking regulations.
XO Bestie LLC is not responsible for delayed or failed payouts resulting from incorrect account details, payment-gateway limitations, or non-compliance with identity-verification requirements.
All earnings are subject to applicable transaction fees, commissions, or service charges as disclosed on the Platform. XO Bestie LLC reserves the right to withhold or deduct amounts if fraudulent, disputed, or charge-backed transactions are detected.
XO Bestie LLC may place holds, establish reserves, or set off amounts you owe (including fees, refunds, chargebacks, penalties, or adjustments) against any payouts. Payout timing is subject to processor settlement schedules, verification, fraud review, and compliance checks, and is not guaranteed.
Buyers and clients must ensure that payment details are accurate and that sufficient funds are available at the time of purchase or booking.
By confirming a purchase or service, you authorize the payment processor to charge your selected payment method for the total amount, including applicable taxes, shipping, and fees.
If a payment is declined, reversed, or subject to chargeback, XO Bestie LLC reserves the right to suspend the related order or account until the issue is resolved.
Each seller or service provider sets their own refund, cancellation, and return policies, which are displayed on their listing or profile.
Buyers and clients are responsible for reviewing these policies before completing any transaction.
XO Bestie LLC is not a party to transactions between users and does not issue refunds directly unless explicitly stated otherwise.
However, XO Bestie LLC may, at its sole discretion, facilitate limited resolution or mediation efforts to promote fairness and maintain platform integrity.
All refund requests must be submitted directly to the seller or service provider and handled according to their stated policy.
Sellers and service providers must clearly disclose their refund/return/cancellation terms before checkout/booking. XO Bestie LLC may, at its discretion, override or facilitate a remedy to enforce Platform standards, abuse prevention, or applicable law.
Disputes arising between buyers, sellers, service providers, or creators must first be addressed directly between the parties involved.
While XO Bestie LLC may, but is not obligated to, assist in resolving such disputes, XO Bestie LLC is not responsible or liable for any loss, damage, or claim arising from interactions, communications, or transactions between users.
You agree to cooperate in good faith with any reasonable efforts by XO Bestie LLC to mediate or facilitate resolution, but acknowledge that the final outcome rests solely between the parties.
XO Bestie LLC actively monitors transactions to detect and prevent fraudulent or abusive conduct.
If a transaction is flagged as suspicious, XO Bestie LLC reserves the right to delay, withhold, or reverse payment processing pending investigation.
Users engaging in fraud, misuse, or chargeback abuse may be permanently banned and reported to law enforcement where appropriate.
Users are solely responsible for determining and paying any applicable sales, use, value-added, or other taxes arising from their transactions or earnings.
XO Bestie LLC may collect and remit certain taxes where required by law but bears no responsibility for individual tax reporting obligations.
All users agree to comply with applicable tax laws and to provide any information reasonably requested to support such compliance.
You acknowledge that XO Bestie LLC does not act as a bank, escrow agent, fiduciary, or financial institution for any user.
All monetary transactions occur directly between the buyer, seller, service provider, creator, and the independent payment processor.
Users may not engage in the following activities:
Selling, promoting, or distributing counterfeit, stolen, or illegal goods.
Engaging in fraudulent activities, including payment scams and identity theft.
Promoting or sharing content that incites violence, discrimination, harassment, or hate speech.
Uploading or sharing sexually explicit content, pornography, or adult services.
Selling or promoting controlled substances, including drugs, tobacco, and alcohol (unless legally permitted and clearly labeled).
Participating in or promoting human trafficking, child exploitation, or any form of abuse.
Listing or selling products that infringe on trademarks, copyrights, or patents without authorization.
Copying, distributing, or using XO Bestie’s proprietary information without permission.
Impersonating brands, individuals, or businesses with misleading or deceptive content.
Engaging in hacking, phishing, or other forms of cyberattacks.
Uploading malicious software, such as viruses, spyware, or ransomware.
Attempting to bypass security measures or exploit platform vulnerabilities.
Engaging in spam activities, including mass messaging, fake reviews, and deceptive advertising.
Posting false, misleading, or deceptive information about products, services, or users.
Manipulating marketplace metrics, including artificially inflating ratings, reviews, or engagement.
Users of the XO Bestie Platform agree to act respectfully and responsibly at all times. You must not use the Platform in any way that violates applicable law, infringes upon the rights of others, or disrupts the experience of other users. Without limiting the generality of the foregoing, you agree that you will not:
Post, upload, transmit, or otherwise share any content that is false, misleading, defamatory, obscene, pornographic, hateful, discriminatory, harassing, or otherwise objectionable;
Offer, list, or sell any illegal, counterfeit, stolen, or hazardous products or services;
Infringe or misappropriate the intellectual property, privacy, or publicity rights of others;
Circumvent, disable, or interfere with any security feature or access control mechanism of the Platform;
Engage in data mining, scraping, automated collection, or use bots, crawlers, or similar tools to extract or copy Platform data;
Attempt to gain unauthorized access to other users’ accounts, data, or XO Bestie systems;
Post spam, unsolicited promotions, pyramid schemes, or deceptive marketing content;
Engage in bullying, hate speech, harassment, or other behavior that XO Bestie determines to be harmful to its users or community;
Use the Platform to distribute viruses, malware, or any other code that may damage systems or data;
Misrepresent your identity, credentials, or affiliation with any person or entity; or
Interfere with or disrupt the proper operation of the Platform, servers, or connected networks.
In addition to the activities listed above, you are strictly prohibited from engaging in any act or omission that is unlawful, unethical, deceptive, or otherwise violates any applicable local, state, national, or international law or regulation, whether or not such conduct is specifically enumerated in these Terms. XO Bestie reserves the right, in its sole discretion, to determine whether certain conduct constitutes a violation of this provision and to take any appropriate action, including warning, suspension, permanent termination, or referral to law enforcement.
Users must:
Ensure all product and service listings are accurate, truthful, and in compliance with applicable laws.
Treat other users with respect, avoiding harassment, bullying, or discriminatory behavior.
Use the platform solely for its intended purpose—buying, selling and promoting fashion, beauty, and wellness-related products and services.
Keep account information secure and promptly report any unauthorized access.
Health & Wellness Disclaimer
Content on the Platform is informational only and not medical advice. Service providers are solely responsible for ensuring proper licensure, scope of practice, sanitation, and compliance with health and professional regulations in their jurisdictions.
All materials provided through the Platform—including but not limited to the XO Bestie name, logo, trademarks, design elements, user interface, text, graphics, icons, photographs, audio, video, software code, and all other content or features—are the exclusive property of XO Bestie LLC, a Delaware limited liability company, or its licensors.
You may not copy, reproduce, modify, distribute, display, sell, or create derivative works from any portion of the Platform without our prior written consent.
All rights not expressly granted in these Terms are reserved by XO Bestie LLC.
You may submit, post, upload, or otherwise make available text, images, videos, reviews, listings, or other content (“User Content”) through the Platform.
You retain ownership of your User Content; however, by posting or sharing it, you grant XO Bestie LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to host, store, use, reproduce, adapt, publish, modify, publicly display, distribute, promote, and otherwise exploit such User Content in connection with operating, improving, or promoting the Platform and related services.
This includes displaying your listings, products, services, or social posts within the XO Bestie app, website, marketing materials, social-media accounts, or partner integrations.
You represent and warrant that you have all necessary rights to post such User Content and that doing so will not violate the rights of any third party or any applicable law.
XO Bestie LLC reserves the right, but not the obligation, to review, monitor, edit, or remove any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable, without notice to you.
We also reserve the right to suspend or terminate any account associated with infringing or harmful content.
If you believe that any content on the Platform infringes your intellectual-property rights, please notify us at hello@xobestie.com with the following information:
Identification of the copyrighted work or other intellectual-property right claimed to have been infringed;
Identification of the allegedly infringing material and its location on the Platform;
Your contact information (name, address, telephone, and email);
A statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law; and
A statement under penalty of perjury that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner of the right.
XO Bestie LLC will investigate and, where appropriate, remove or disable access to the allegedly infringing material and may terminate repeat infringers in accordance with applicable law.
You may delete or remove your User Content at any time by deleting your account or specific posts. However, XO Bestie LLC may retain backup copies or continue displaying your User Content in historical contexts (for example, reposted campaigns, social features, or prior marketing materials) for a reasonable period consistent with our data-retention practices.
If you submit ideas, suggestions, or feedback to XO Bestie LLC, you acknowledge that such input is voluntary and that XO Bestie LLC may use it freely without any obligation to compensate you.
Violating this AUP may result in:
Warning Notices: Users may receive warnings for minor infractions.
Content Removal: Listings, profiles, or posts that violate this policy may be removed without notice.
Account Suspension or Termination: Repeated or severe violations may lead to account suspension or permanent termination.
Legal Action: XO Bestie reserves the right to take legal action against users engaging in unlawful behavior.
If you come across any violations of this AUP, please report them immediately via our in-app reporting system or email [hello@xobestie.com]. All reports will be reviewed, and appropriate action will be taken.
The XO Bestie Platform, including all content, products, services, and features made available through it, is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
To the fullest extent permitted by law, XO Bestie LLC, a Delaware limited liability company, disclaims all representations and warranties, express or implied, including but not limited to:
Warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability;
Any warranty that the Platform will be uninterrupted, secure, or error-free; or
Any warranty regarding the quality, safety, legality, or fitness of products or services offered by users on the Platform.
You acknowledge that you use the Platform at your own risk and that XO Bestie LLC does not control or verify user content, listings, or communications.
To the fullest extent permitted by law, XO Bestie LLC and its affiliates, officers, directors, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses — arising out of or related to:
Your access to or use of the Platform;
Any conduct or content of other users;
Any products, services, or transactions facilitated through the Platform; or
Unauthorized access, use, or alteration of your transmissions or content.
In no event shall XO Bestie LLC’s total liability for all claims in any twelve-month period exceed the total amount paid by you to XO Bestie LLC (if any) during that period.
Some jurisdictions do not allow certain limitations of liability; in such cases, XO Bestie LLC’s liability shall be limited to the maximum extent permitted by law.
The Platform may include links or integrations with third-party websites, payment processors, carriers, or applications that are not controlled by XO Bestie LLC.
We are not responsible for the content, accuracy, or practices of any third-party site or service, and your use of such services is at your own risk.
You agree that XO Bestie LLC shall not be liable for any loss or damage arising from your interactions with third-party providers or from reliance on any external resources referenced on the Platform.
App Stores. If you downloaded the app from Apple App Store or Google Play, your use is also governed by the applicable store’s terms. Apple and Google are third-party beneficiaries of these Terms and may enforce them as to your license to the app.
XO Bestie LLC does not guarantee that use of the Platform will lead to increased sales, bookings, earnings, or visibility for any user, nor does it guarantee any particular outcome from the use of its tools, analytics, or promotional features.
All users are responsible for their own business performance and results.
By using the Platform, you hereby release and hold harmless XO Bestie LLC and its affiliates from any claims, demands, or damages arising out of or related to disputes between you and any other user or third party.
If you are a California resident, you waive California Civil Code § 1542 (and any similar law), which states:
“A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, would have materially affected his or her settlement with the debtor.”
XO Bestie LLC shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, power failures, internet disruptions, or governmental actions.
You agree to defend, indemnify, and hold harmless XO Bestie LLC, a Delaware limited liability company, and its officers, directors, employees, contractors, affiliates, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your access to or use of the XO Bestie Platform or Services;
Your violation of these Terms of Use or any other applicable policy of XO Bestie LLC;
Your infringement or misappropriation of any intellectual-property right, privacy right, or other legal right of any third party;
Your listings, products, services, or User Content, including but not limited to any false, misleading, or unlawful representations;
Your interactions, communications, or transactions with other users; and
Any act, omission, or negligence by you or anyone using your account that results in harm, loss, or damage to another user, XO Bestie LLC, or any third party.
XO Bestie LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in such defense.
You agree not to settle any claim without XO Bestie LLC’s prior written consent unless the settlement unconditionally releases XO Bestie LLC of all liability.
XO Bestie LLC, a Delaware limited liability company, reserves the right, in its sole discretion and without prior notice, to suspend, restrict, deactivate, or permanently terminate your account or access to the Platform at any time if:
You violate or are suspected of violating these Terms of Use, the Privacy Policy, or any applicable law;
You engage in fraudulent, abusive, harmful, or deceptive conduct;
You misuse XO Bestie’s systems, data, intellectual property, or community features;
Your activities create risk or potential legal exposure for XO Bestie LLC, its users, or partners; or
XO Bestie LLC discontinues or materially alters any portion of the Platform or Services.
Termination or suspension may occur immediately and without liability to XO Bestie LLC.
Upon termination or deactivation:
Your right to access and use the Platform ceases immediately.
XO Bestie LLC may delete or disable access to your listings, messages, and User Content (subject to applicable data-retention policies).
Any pending transactions may be canceled at XO Bestie LLC’s discretion.
You remain responsible for all fees, charges, and obligations incurred prior to termination.
XO Bestie LLC is not responsible for loss of data, earnings, or opportunities resulting from termination or suspension.
You may close your account at any time by using the in-app account-deletion feature or by contacting [email protected]
Account deletion requests are processed in accordance with XO Bestie LLC’s data-retention and privacy practices.
Certain information may be retained where legally required (for example, financial records, fraud prevention, or compliance purposes).
The following sections will survive termination of this agreement:
Intellectual Property & User Content Rights, Payments, Refunds & Dispute Handling, Limitation of Liability & Disclaimer of Warranties, Indemnification, Governing Law & Dispute Resolution, and any other provisions which by their nature should survive.
In limited circumstances, XO Bestie LLC may, at its sole discretion, reinstate an account after termination if the user demonstrates corrective action or compliance with all applicable policies.
Reinstatement is not guaranteed and may include conditions such as verification, probationary status, or additional monitoring.
Failure by XO Bestie LLC to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
XO Bestie LLC, a Delaware limited liability company, reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue any part of the Platform, its features, functionality, or content — temporarily or permanently — with or without notice.
This includes, without limitation:
Adding, changing, or removing features, tools, or user roles;
Adjusting or modifying fees, commissions, or subscription structures;
Updating the design, layout, or technical operation of the Platform; or
Conducting maintenance or security updates that may limit access.
You agree that XO Bestie LLC shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any of its parts.
While XO Bestie LLC may, at its discretion, provide notice of material changes via the Platform, email, or other reasonable methods, it is your responsibility to review the Terms and Platform updates regularly to stay informed of any modifications.
XO Bestie LLC does not guarantee the continued availability of any specific feature, promotion, role, or function within the Platform.
Certain features may be available only in selected regions, for limited time periods, or to specific user categories.
XO Bestie LLC may amend or update these Terms periodically to reflect changes in business operations, regulatory requirements, or feature improvements.
Any such updates will be effective upon posting, unless otherwise stated. Your continued use of the Platform after such updates constitutes your acceptance of the revised Terms.
You acknowledge and agree that XO Bestie LLC, a Delaware limited liability company, may assign, transfer, or delegate any of its rights and obligations under these Terms — in whole or in part — to any affiliate, successor, acquirer, or other entity in connection with a merger, acquisition, corporate restructuring, asset sale, or other business transaction.
Any such assignment will be effective without requiring your prior consent or notice, provided that the successor entity agrees to assume XO Bestie LLC’s obligations under these Terms.
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of XO Bestie LLC.
Any attempted assignment or transfer in violation of this section shall be null and void.
These Terms shall be binding upon and inure to the benefit of XO Bestie LLC, its successors, assigns, and permitted transferees.
In the event XO Bestie LLC or its assets are acquired, your continued use of the Platform constitutes your consent for your account information and associated data to be transferred to the acquiring entity, subject to the same privacy and data-protection commitments.
If any provision of these Terms is determined by a court or other competent authority to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
The invalidity of one section will not affect the validity or enforceability of the rest of these Terms.
No waiver by XO Bestie LLC, a Delaware limited liability company, of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default.
Failure or delay by XO Bestie LLC to enforce any right, remedy, or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it limit XO Bestie LLC’s ability to enforce that right at a later time.
By using the XO Bestie Platform, you consent to receive all communications, notices, disclosures, and other information from XO Bestie LLC, a Delaware limited liability company, electronically.
We may provide such communications by:
Email to the address associated with your account;
In-app messages, push notifications, or alerts;
Messages posted on your account dashboard or the Platform; or
Updates posted on the XO Bestie website or within the mobile app.
All electronic communications from XO Bestie LLC are deemed received on the date they are sent or posted, unless otherwise required by law.
All legal notices, inquiries, or formal communications to XO Bestie LLC must be sent in writing to:
XO Bestie LLC
Attn: Legal Department
Email: hello@xobestie.com
Notices shall be deemed effective upon receipt by XO Bestie LLC.
You may manage your communication preferences (such as marketing or promotional emails) within your account settings or by following the unsubscribe instructions included in those communications.
However, you acknowledge that certain service-related notices — including policy updates, security alerts, and transaction confirmations — are mandatory and cannot be opted out of while your account remains active.
All communications, agreements, and documents between you and XO Bestie LLC shall be in English, unless otherwise required by applicable law.
XO Bestie LLC may, at its discretion, provide courtesy translations, but the English version shall control in the event of any conflict or ambiguity.
The XO Bestie Platform may include integrations, features, or links that rely on third-party services — such as payment processors, shipping carriers, analytics providers, or social-media networks.
You acknowledge that XO Bestie LLC, a Delaware limited liability company, does not control, operate, or endorse any third-party websites, services, or applications, and your use of such services is entirely at your own risk.
Each third-party service is governed by its own terms of service and privacy policy. You are solely responsible for reviewing and complying with those terms. XO Bestie LLC shall not be liable for any loss, damage, or claim arising from your use of or reliance on any third-party products or services.
Payments on the Platform are facilitated through independent processors or merchant partners (for example, Stripe or similar services).
XO Bestie LLC is not responsible for any errors, delays, chargebacks, or unauthorized transactions handled by such processors, and you agree to resolve related issues directly with the applicable third-party provider.
By transacting on the Platform, you authorize the sharing of limited necessary information (such as name, email, and payment amount) with those partners solely for payment processing, compliance, or fraud-prevention purposes.
The Platform may contain hyperlinks or references to external sites or content for informational or promotional purposes.
XO Bestie LLC is not responsible for the availability, accuracy, or legality of any third-party materials or advertisements and does not endorse or assume liability for them.
Your interactions with third-party advertisers or sponsors are solely between you and the third party.
If you choose to connect or log in using a third-party platform (such as Apple, Google, Facebook, or TikTok), you authorize XO Bestie LLC to collect and use certain information provided by that platform in accordance with your privacy settings there.
XO Bestie LLC is not responsible for any data-handling practices or account issues originating from those external platforms.
By accessing or using the XO Bestie Platform, you agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances, including those governing:
Online commerce, advertising, and consumer protection;
Product safety, labeling, and licensing requirements;
Health, wellness, and professional service standards (for providers);
Import, export, customs, and trade compliance; and
Tax collection and reporting obligations.
You are solely responsible for ensuring that your use of the Platform and your listings, products, or services are lawful in your jurisdiction.
XO Bestie LLC makes no representation that the Platform or its content is appropriate or available for use in every location.
You agree not to use, export, re-export, or transfer any portion of the Platform or related technology except as authorized by United States law and any other applicable jurisdictional regulations.
By using the Platform, you represent that you are not located in, under the control of, or a resident of any country or region subject to U.S. trade sanctions or export restrictions.
Each user is responsible for determining and fulfilling their own tax obligations arising from activity on the Platform.
XO Bestie LLC may collect and remit certain taxes as legally required but assumes no liability for your individual or business tax filings, withholdings, or reporting duties.
These Terms of Use, together with XO Bestie LLC’s Privacy Policy and any supplemental policies or agreements referenced herein, constitute the entire understanding between you and XO Bestie LLC and supersede all prior communications or agreements regarding the Platform.
These Terms are governed by the laws of Delaware. Exclusive jurisdiction and venue lie in the state or federal courts located in Delaware, and you consent to personal jurisdiction there. Each party waives jury trial to the fullest extent permitted by law.
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and store your personal information. By using the Platform, you consent to these practices.
For questions or concerns regarding these Terms or the Services, please contact us at [email protected].
By using XO Bestie App or Website, you agree to these Terms of Use and our Privacy Policy.