1. Acceptance of Terms
Welcome to the Xmind Template Marketplace and any related programs (collectively, the "Program"). These Xmind Template Marketplace Creator Terms (the "Terms") form a legally binding agreement between you and SUPERMIND PTE. LIMITED ("Xmind," "we," "us," or "our").
These Terms apply to your participation or attempted participation in the Program in any manner, including but not limited to registration, submission of templates, listing, distribution, promotional activities, and earning any revenue or incentives. By registering for or participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms.
These Terms incorporate and reference the most up-to-date version of Xmind's Terms of Service, Privacy Policy, and any program pages, guides, policies, specifications, and payout rules (collectively, the "Program Rules"). If these Terms conflict with the Program Rules, these Terms will control unless the Program Rules expressly state otherwise.
If you participate on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms. In such case, "you" refers to the entity.
2. Eligibility and Acceptance
2.1 Admission and Review. Admission into the Program, the ability to submit content, list templates, participate in revenue sharing, or receive incentives is at Xmind's sole discretion. Xmind may reject, suspend, or terminate your participation for compliance, risk control, quality, marketplace governance, or any other reason, without providing a reason.
2.2 Accuracy of Information. You must provide true, accurate, and complete information for registration, verification, and payouts, and keep such information up to date. You are responsible for any consequences resulting from incomplete or inaccurate information. Xmind may withhold payouts, restrict features, delist content, or terminate participation if needed.
2.3 Compliance. You must comply with all applicable laws, regulations, platform rules, and industry standards, including those related to advertising and disclosures.
3. Program Participation
3.1 You may create, upload, maintain, and distribute templates and participate in campaigns or operational arrangements made available by Xmind. The scope, formats, display rules, and operations are governed by the Program Rules.
3.2 You must not represent or imply that you are an employee, agent, or official representative of Xmind, or that you have any relationship with Xmind beyond what is expressly permitted under these Terms.
4. Content Submission, Review, and Delisting
4.1 Review. Xmind may review your templates before and/or after listing (manually or automatically). Xmind may reject, limit, delist, or remove content due to quality, compliance, intellectual property, complaints, risk control, or other reasons.
4.2 Remediation. If Xmind requests edits, supporting documents, or proof of rights, you must comply within a reasonable time. Failure to comply may result in delisting, payout suspension, or termination of participation.
4.3 Marketplace Governance. Xmind may adjust categories, tags, placements, ranking logic, display formats, and traffic strategies. Such adjustments do not constitute any promise or guarantee of traffic or earnings.
5. Earnings, Payouts, and Taxes
5.1 Earnings. If the Program includes revenue share, incentives, or fees (collectively, "Earnings"), eligibility, calculation method, rates, payout cycles, thresholds, and limitations are governed by the Program Rules and/or a separate statement of work (SOW) or agreement.
5.2 Eligibility. Only qualifying transactions are eligible for Earnings. Xmind may exclude, withhold, reverse, or claw back Earnings related to refunds, disputes, fraud, policy violations, abnormal transactions, or risk control decisions.
5.3 Hold and Suspension. Xmind may reasonably withhold or suspend payouts due to risk control, disputes, complaints, incomplete tax/identity information, or suspected violations, until the matter is resolved.
5.4 Taxes. You are responsible for all applicable taxes and filings relating to your Earnings. Where withholding is required by law, Xmind may withhold and remit taxes and pay you the net amount.
5.5 Third-Party Payment Platforms. If payouts are processed through a third-party payment or settlement platform, you must accept its terms and complete required identity/tax/payment setup. Delays or failures caused by your non-compliance are your responsibility.
6. Marketing and Disclosures
6.1 If Xmind provides referral links, codes, or marketing assets ("Promo Tools"), you may use them only on your own properties. You must not resell, sublicense, abuse, spam, or use them for deceptive or improper practices. If Xmind requests removal, you must comply within a reasonable time.
6.2 You must follow applicable advertising and disclosure rules and platform policies, clearly and prominently disclosing sponsorship/paid partnership where required, and must not make false, misleading, or exaggerated claims, including about potential earnings.
7. Content Standards and Prohibited Conduct
You must not submit, upload, publish, distribute, or otherwise provide content that is illegal, infringing, harassing, threatening, defamatory, deceptive, obscene, pornographic, violent, terrorist, hateful, discriminatory, fraudulent, phishing-related, malware-related, or otherwise inappropriate. You must not violate any third party's intellectual property or privacy rights. You must not manipulate metrics or earnings through fake transactions, traffic fraud, refund baiting, or other improper means.
If you violate these Terms or the Program Rules, Xmind may delist content, restrict features, withhold or terminate payouts, terminate participation, and pursue legal remedies.
8. Intellectual Property and Licenses
8.1 Your Content. Unless otherwise agreed, you retain rights to your template content. You represent and warrant that you have all necessary rights and permissions for any third-party assets (including fonts, images, trademarks, and works) used in your templates.
8.2 License to Xmind. For operating and promoting the Marketplace, you grant Xmind a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, distribute, and promote your templates (including titles, covers, screenshots, excerpts, and creator information), and to make necessary formatting adaptations that do not materially alter the substance.
8.3 Removal. You may request delisting per the Program Rules. After delisting, Xmind will stop new uses, but legacy marketing materials, caches, or reasonable operational delays may occur.
9. IP Complaints and Takedowns
If Xmind receives an IP infringement or compliance complaint, Xmind may request proof of rights and may temporarily delist or restrict access during investigation. Repeat infringers or serious violations may be terminated.
10. Confidentiality
You must keep confidential any non-public information you access through the Program (including product plans, operational strategies, payout details, and risk control policies) and use it solely for Program participation, unless required by law or approved in writing by Xmind.
11. Term and Termination
11.1 These Terms begin when you register for the Program and continue until terminated.
11.2 Xmind may terminate your participation at any time (including delisting and stopping payouts). You may withdraw at any time and request delisting per the Program Rules.
11.3 Upon termination, your right to use Promo Tools and brand assets ends immediately. Xmind may finalize payouts within a reasonable period and net out refunds, disputes, violations, or clawbacks.
12. Independent Contractor
You are an independent contractor and not an employee, agent, or partner of Xmind. You may not bind Xmind or make commitments on Xmind's behalf.
13. Disclaimers and Limitation of Liability
The Program and Marketplace are provided "as is" and "as available." Xmind makes no guarantees regarding traffic, sales, or Earnings. To the maximum extent permitted by law, Xmind is not liable for indirect, incidental, special, or consequential damages. Xmind's aggregate liability is subject to applicable law and any limitation provisions in your other agreements with Xmind.
14. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Xmind and its affiliates from third-party claims arising from your content, marketing activities, or breach of these Terms or applicable law, including reasonable attorneys' fees.
15. Miscellaneous
15.1 Changes. Xmind may update these Terms and the Program Rules from time to time by posting an updated version. Continued participation constitutes acceptance.
15.2 Governing Law. These Terms are governed by the laws of Singapore. The parties will attempt to resolve disputes amicably; otherwise disputes will be handled pursuant to applicable law and any dispute provisions in the parties' agreements.
15.3 Contact. For Program, payout, or complaint inquiries, contact: marketplace@xmind.com.