OPERATOR AGREEMENT

Effective as of acceptance date by the Operator

This Operator Agreement (“Agreement”) is entered into by and between:

AND

The individual or entity registering a vendor account on the Platform (“Operator”, “You”, “Your”) for the purpose of offering services bookable via klyxa.com (the “Platform”).

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RECITALS

NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows:

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1. DEFINITIONS

Definitions of terms including Booking, Gross Booking Value, Operator Fee, Service Fee, Vendor POS Collection, KLYXA-Processed Payments, Net Operator Fee, Stripe Connect, Operator Content, and Operator’s Terms.

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2. KLYXA’S ROLE AND RESPONSIBILITIES

KLYXA provides access to the Platform, facilitates booking processes, collects payments through Stripe Connect if selected, provides technical support, and acts solely as an intermediary, not a service provider.

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3. OPERATOR’S RESPONSIBILITIES

Operator must maintain accurate listings and content, define and honor booking conditions, fulfill confirmed bookings, deliver services legally and safely, choose a payout method (POS or Stripe), protect account credentials, and comply with laws.

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4. BOOKINGS AND CONTRACTUAL RELATIONSHIP

Bookings are made based on Operator listings. Confirmation establishes a direct contract between the Operator and the User. Operator must update availability and fulfill obligations per their stated policies.

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5. FEES, PAYMENTS, AND PAYOUTS

Operators may use Vendor POS or KLYXA-Processed Payments via Stripe Connect. KLYXA deducts agreed fees and processing costs from Gross Booking Value to calculate Net Operator Fee. Payouts follow the configured schedule. Operators are responsible for tax compliance.

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6. CANCELLATIONS, REFUNDS, AND DISPUTES

Operators must define and honor their cancellation policy. Refunds are processed in line with these policies. KLYXA facilitates but does not mediate disputes. Operators are liable for chargebacks and must cooperate in resolving them.

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7. OPERATOR CONTENT AND LICENSE

Operators retain ownership of their content but grant KLYXA a license to use it for operating the Platform. Content must be lawful and not infringe third-party rights. KLYXA may remove non-compliant content.

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8. INTELLECTUAL PROPERTY

KLYXA owns all Platform-related IP. Operators retain their brand/IP but grant KLYXA the right to use logos for promotional purposes unless opted out.

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9. DATA PROTECTION

Both parties must comply with data protection laws. KLYXA will handle data under its Privacy Policy. Operators may only use User data to fulfill bookings and must protect it appropriately.

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10. REPRESENTATIONS AND WARRANTIES

Operators warrant legal authority, valid licensing, lawful service delivery, content accuracy, and (recommended) insurance coverage.

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11. INDEMNIFICATION

Operators agree to indemnify KLYXA against claims arising from service provision, breach of terms, disputes, or legal violations.

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12. LIMITATION OF LIABILITY

KLYXA’s liability is capped at Service Fees retained in the past six months. No liability for indirect or special damages. Platform uptime is not guaranteed.

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13. TERM AND TERMINATION

The agreement continues until terminated. Either party may terminate with 30 days’ notice. Immediate termination allowed for breach or illegal activity. Obligations for pre-termination bookings survive.

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14. CONFIDENTIALITY

Both parties agree to maintain confidentiality of non-public information unless required by law.

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15. GOVERNING LAW AND DISPUTE RESOLUTION

The agreement is governed by New Mexico law. Disputes will first be mediated and, if unresolved, resolved through arbitration in Albuquerque under AAA rules.

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16. MISCELLANEOUS

This is the full agreement. Modifications require notice. Assignments are limited. The parties are independent contractors. Invalid provisions do not affect others. Waivers must be in writing.

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