Terms of Service

Operated by GEXCAP INC · Version 1.2 · Effective 2026-08-29

XEMX is currently offered as a beta version. Section 20 explains what that means and what it does not mean.

1. Who we are

XEMX ("the Platform") is operated by GEXCAP INC, a corporation incorporated in Florida, United States, registered office 2423 SW 147th Ave, #4006, Miami, FL 33185-4082, EIN 36-4969612 ("we", "us").

GEXCAP INC is registered for value added tax in Malta. Our Maltese VAT identification number appears on every invoice we issue.

These Terms are a binding agreement between you and GEXCAP INC governing your use of the Platform as a visitor, a Guest or a Host. They incorporate the Cancellation and Refund Policy, the Acceptable Use Policy, the Host Terms, the Privacy Policy and the Cookie Policy.

Nothing in these Terms excludes or limits any right you have that cannot be excluded or limited by law. If you are a consumer resident in the European Union, the United Kingdom or Malta, you keep the protection of the mandatory rules of your country of residence.

2. Definitions

• Booking — a reservation of a Property made through the Platform.
• Guest — a user who books, or seeks to book, a Property, including a tenant under a Long Let.
• Host — a user who lists a Property, as owner, as a lessee entitled to sublet, or as an authorised agent.
• Long Let — a residential letting of six months or more, quoted per month.
• Property — accommodation listed on the Platform.
• Rental Agreement — the contract for the use of a Property, made between Host and Guest. GEXCAP INC is not a party to it.
• Short Let — holiday accommodation quoted per night, requiring a Malta Tourism Authority licence where the Property is in Malta.

3. What the Platform is, and what it is not

GEXCAP INC operates an online marketplace. It makes Properties discoverable, lets Hosts and Guests communicate, records Bookings, and collects and remits payment as described in section 9.

We are not a party to the Rental Agreement. That contract is between the Host and the Guest. We do not own, lease, possess, manage or control any Property, we hold no keys, and we grant no right to occupy anything.

We are not a landlord, a property manager, an estate agent, a travel agent, a tour operator or an insurer.

We do provide, on our own account, the search tools, the booking record, the messaging system, the AI Concierge, optional AI-assisted listing text and pricing suggestions, and payment collection. We are responsible for those services as their supplier, on the terms in section 21.

The Host alone decides the price, the availability, the house rules, the minimum stay, whether to accept a request, and the condition and legality of the Property. We do not set prices and we do not choose who may stay.

Where we collect payment from a Guest, we do so as the Host's agent for collection. Payment to us discharges the Guest's obligation to the Host to the extent received, and the Host looks to us for the payout.

4. Eligibility and accounts

You must be at least 18 and able to enter a binding contract. You must not be subject to sanctions under US, EU, UK or Maltese law.

A Host must have the legal right to let the Property — as owner, as a lessee whose lease permits subletting, or under written authority from the owner. We may ask for evidence and may suspend a listing until it is given.

Give accurate information and keep it current. You are responsible for your credentials and for what is done through your account. Tell us at once if you suspect unauthorised use.

We verify email addresses. We do not currently verify identity documents. Do not assume another user's identity has been checked.

5. Listings

A Host supplies all listing content and is solely responsible for its accuracy — the description, photographs, location, capacity, amenities, price, availability and any licence number.

A listing must describe the actual Property offered. Photographs must be of that Property, recent, and not misleading.

The Host warrants that letting the Property breaches no lease, mortgage, condominium rule, planning permission, insurance policy or law.

The Platform can draft listing text with AI. Any text a Host publishes is the Host's own statement, whether they wrote it or generated it, and the Host must check it first.

The exact address is disclosed to a Guest only once a Booking is confirmed. Before that an approximate area is shown.

6. What our review before publication is, and is not

A submitted listing is placed in review and is not publicly visible until we publish it.

That review is a limited editorial check of completeness, plausibility and compliance with our Acceptable Use Policy. It is not an inspection of the Property. It is not verification of ownership. It is not confirmation that any licence is valid. It is not a survey, a safety check or a valuation.

Publication is not an endorsement and is not a representation by us that the Property exists as described, is safe, is lawfully lettable, or that the Host is who they say they are.

We may decline to publish, or unpublish, any listing, and will give reasons where the law requires.

7. Licences, registration and tax

A Host offering a Short Let in Malta must hold a valid Malta Tourism Authority licence and display its number on the listing.

A Host offering a Long Let in Malta must comply with the Private Residential Leases Act, including registration of the lease with the Housing Authority where required.

We do not check licence or registration numbers against any register. The Host warrants that any number given is genuine, current and applies to that Property.

The Host is responsible for all taxes arising from the letting, including income tax, VAT where applicable, and any tourism or eco-contribution levy. That responsibility is the Host's alone: we do not calculate, collect, declare or remit any tax on the rent. Tax on our own commission is a separate matter, dealt with in section 9.

8. Booking

A Guest selects dates and the number of Guests and submits a request.

Where a Host has enabled Instant Booking, the Booking is confirmed immediately. Otherwise it is pending until the Host accepts or declines. A Host is not obliged to accept, but must not decline on a ground that would be unlawful discrimination — see section 13.

On confirmation a Rental Agreement comes into existence between Host and Guest on the terms of the listing, the house rules and these Terms.

The Host keeps the calendar accurate. The Platform does not synchronise with other listing sites, so a Host who lists the same Property elsewhere is responsible for preventing a double booking.

We do not currently support modifying a confirmed Booking. A change of dates requires cancellation under the Cancellation and Refund Policy and a new Booking.

9. Prices, fees and payment

The Host sets the price. We may offer pricing suggestions; they are suggestions.

The Guest is shown the total payable, including all fees, before payment. Prices are in euro. Any tourist tax payable locally on arrival is stated separately and is not collected by us.

We charge the Host a Platform Fee of 11% of a completed Booking, deducted from the Host's payout. It is calculated on the rent alone: a cleaning fee reimburses a cost the Host actually incurs, so no commission is taken on it. The Guest pays exactly the total shown — the price and any cleaning fee — with nothing added at checkout, and no service fee of any kind charged to the Guest. There is no fee for listing, and no fee if a Booking does not complete.

We may change the Platform Fee. A change takes effect for Bookings made at least 30 days after we notify Hosts, and never for a Booking already made.

Payment methods available are shown at checkout. Card payments are processed by Stripe; we never see or store a card number. We collect the total as the Host's collection agent. We pay the Host the total less the Platform Fee, scheduled from 24 hours after check-in and paid by bank transfer to the account the Host gives us. We may withhold a payout where a Booking is disputed, where fraud is suspected, or where the law requires — and will say why.

Invoices. We issue the Host a VAT invoice for the Platform Fee, showing our Maltese VAT identification number, for each completed Booking. The letting itself is supplied by the Host, not by us. Where the Host is required to issue a receipt or an invoice to the Guest for the rent, that obligation remains the Host's; we neither issue it nor account for VAT on it. The Guest receives from us a confirmation of the total paid, which is a record of payment and not an invoice for the letting.

Funds we collect are not held in a segregated or safeguarded client account and are not protected by any deposit guarantee scheme.

Do not pay outside the Platform for a Booking made on it. Doing so removes every protection these Terms provide and may result in suspension. We will never ask you to send money to an account other than the one shown at checkout, and we will never ask for your password.

10. Security deposits

Where a listing shows a security deposit, that deposit is agreed, collected, held, applied and returned directly between the Host and the Guest.

We do not collect, hold, adjudicate or return security deposits, and we give no guarantee in respect of one. The Host must tell the Guest before arrival how it is to be paid and returned, and must return it within the period the law requires.

11. Cancellations and refunds

The full policy is in the Cancellation and Refund Policy. In summary:

• A Guest cancelling is refunded 100% at 14 or more days before check-in, 50% at 7 to 13 days, and nothing inside 7 days.
• A Host cancelling a confirmed Booking means the Guest is refunded the full amount paid, whenever the cancellation happens.

Nothing in the policy affects a consumer's statutory rights, including any right to a remedy where the accommodation is not as described.

12. Obligations

A Host must hold the right to let and every licence required; keep the listing accurate and the calendar current; provide the Property as described, clean, safe, with working utilities and the stated amenities; comply with health, safety, fire, electrical, gas and building requirements; hold appropriate insurance — we provide none; honour confirmed Bookings; respond to messages; handle Guests' personal data lawfully as an independent controller; pay all applicable taxes; not discriminate; and not solicit payment outside the Platform.

A Guest must give accurate booking details including the true number of Guests; pay on time; observe the house rules, quiet hours and occupancy limit; treat the Property with care and report damage promptly; not use it for any unlawful purpose, party or event unless expressly permitted, and not sublet; comply with local rules including guest registration and tourist tax; and leave on time.

13. Non-discrimination

We do not permit discrimination on grounds of race, colour, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital or family status, or any other characteristic protected by applicable law.

A Host may decline a request for legitimate reasons — availability, party size against stated capacity, suitability of the Property, a history of breaches. A Host must not decline on a protected ground.

Where a Property has a genuine accessibility limitation, the Host must describe it in the listing rather than decline on arrival.

Report discrimination to m.iorgu@gexcap.com. We investigate and may suspend or remove accounts.

14. Damage and disputes between users

A Guest is responsible for damage caused by them or anyone they admit, beyond fair wear and tear.

Claims for damage are between Host and Guest. We are not a party, we do not adjudicate, and we have no obligation to recover money for a Host. We offer no host guarantee, damage protection or insurance.

Guest and Host must first try to resolve a dispute between themselves through Platform messaging. We may, at our discretion, provide booking records and factual assistance. We do not arbitrate and our view is not binding.

15. Reviews

Only a Guest who completed a Booking may review that Property, and only once. Reviews therefore come from people who actually stayed.

A review must be honest, from personal experience, and free of abuse, threats, personal data about others, or commercial promotion.

We do not edit reviews to make them more favourable and we do not publish fake reviews. We may remove a review that breaches these Terms or the law, and will tell the author why. A Host may ask us to remove a review that breaches these Terms; the decision is ours, taken in good faith.

Reviews express their author's opinion, not ours.

16. Your content and our intellectual property

You keep ownership of your content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt for format and size, display and distribute it for the purpose of operating, promoting and improving the Platform, for as long as it is on the Platform and for a reasonable period afterwards in backups and records of past Bookings.

You warrant that you own your content or have every right needed to grant that licence — including from any photographer you engaged.

The Platform, its software, design, database and the XEMX name and marks belong to GEXCAP INC. Notify claimed infringement to m.iorgu@gexcap.com.

17. The AI Concierge

The Platform offers an AI Concierge answering questions about Malta, and AI assistance for drafting listing text and suggesting prices. You are interacting with an automated system, not a person.

The Concierge draws on public information from Maltese sources and on a language model. Opening hours, fares, timetables and departure times change, and the Concierge may be out of date or wrong. Confirm anything you rely on — especially a departure time, a closing time or a safety rule — with the operator or official source before acting on it.

Concierge answers are general information, not advice, and are not legal, tax, medical, safety or travel advice. Your questions are processed by a third-party AI provider which may be outside the EU; see the Privacy Policy. Do not put personal, financial or confidential information into the Concierge.

18. Third-party services

The Platform uses third parties for payments, mapping, email, SMS, storage and AI. They act under their own terms. Payments are processed by Stripe, which is the recipient of the card details entered at checkout.

Listings, the Concierge and guides may reference third-party services — ferries, buses, attractions, restaurants. We do not supply, endorse or guarantee any of them. Links to external sites are for convenience; we do not control them.

19. Prohibited activities, fraud and termination

You must not list a Property you have no right to let or that does not exist; post false or fraudulent information; impersonate anyone; take payment off-Platform to avoid fees; use the Platform for money laundering, sanctions evasion or any crime; use a Property unlawfully; scrape or copy Platform data other than as permitted; interfere with security; harass any user or our staff; post another person's personal data without consent; or manipulate reviews or rankings. The full list is in the Acceptable Use Policy.

If you believe a listing is fraudulent, tell us at m.iorgu@gexcap.com and do not transfer money.

You may close your account at any time; confirmed Bookings survive. We may suspend or terminate an account for breach, for suspected fraud or unlawful activity, or where the law requires. We will give reasons and, except where that would be unlawful or would frustrate an investigation, we will give a Host at least 30 days' notice and an opportunity to respond.

20. Beta version

The Platform is currently offered as a beta version. It is in active development and is being improved while in use. Honestly stated, that means:

• some features are incomplete or may behave unexpectedly;
• errors, interruptions and periods of unavailability may occur;
• features may be changed, suspended or withdrawn;
• performance and appearance may change between visits;
• we may test changes with some users before releasing them to everyone;
• data may occasionally be affected by a fault, and you should keep your own copies of anything important to you.

We will give reasonable notice of a change that materially affects a Booking already made, and we will not use beta status as a reason to avoid honouring one.

Beta status does not reduce your statutory rights. If we take your money for a Booking, that Booking is real and our obligations under these Terms and under law are real. This section explains the state of the software; it is not a disclaimer of responsibility for the service you have paid for.

We will tell you when the Platform leaves beta.

21. Availability, disclaimers and our liability

We aim to keep the Platform available but do not guarantee uninterrupted or error-free operation, particularly in beta.

We are responsible for providing the Platform services described in section 3 with reasonable care and skill, and for loss we cause by failing to do so.

We are not responsible for the Property, its condition, safety or legality; for the performance of a Host or the conduct of a Guest; for the Rental Agreement; or for what happens during a stay. Those are matters between Host and Guest.

We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded under the law that applies to you, including mandatory consumer protection law.

Subject to that, our total liability to you in any twelve-month period is limited to the greater of the total Platform Fees we received from you in that period and EUR 500, and we are not liable for loss of profit, loss of business, or loss that was not reasonably foreseeable. If you are a consumer, this paragraph applies only so far as the law permits.

If you use the Platform as a business, including any Host letting in the course of a business, you will indemnify us against claims, losses and reasonable costs arising from your breach of these Terms, your content, your Property, or your breach of law. This indemnity does not apply to a consumer.

22. Complaints

Complaints go to m.iorgu@gexcap.com. We acknowledge within 5 business days and aim to resolve within 30 days.

If you are a consumer in the EU and we cannot resolve your complaint, you may use the European Commission's online dispute resolution platform and may be entitled to refer the matter to an alternative dispute resolution body.

23. Data protection

We process personal data as described in the Privacy Policy, which forms part of these Terms.

Where a Host receives a Guest's personal data, the Host is an independent controller of it and must comply with applicable data protection law, including the GDPR where it applies. A Host must not use Guest data for marketing without a lawful basis.

24. Changes to these Terms

We may change these Terms and will publish the new version with its effective date. For a change that materially affects you we will give at least 30 days' notice. A change does not affect a Booking already confirmed. If you do not accept a change, stop using the Platform and close your account before it takes effect.

25. Governing law and disputes

These Terms are governed by the laws of the State of Florida, United States, excluding its conflict-of-law rules.

If you are a consumer resident in the European Union, the United Kingdom or Malta, that does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country. We will bring proceedings against you only in the courts of your country of residence.

For all other users, the courts of Miami-Dade County, Florida have exclusive jurisdiction.

Where the Property is in Malta, the Rental Agreement between Host and Guest may be governed by Maltese law regardless of the above, and nothing here determines the law of that separate contract.

26. General

If a provision is unenforceable, the rest stands. Failure to enforce a right is not a waiver of it. You may not assign your rights; we may assign ours on notice, provided your rights are not reduced. Nothing creates a partnership, employment or joint venture. These Terms and the documents they incorporate are the whole agreement between us about the Platform. These Terms are written in English; a translation is for convenience.

27. Contact

GEXCAP INC, 2423 SW 147th Ave, #4006, Miami, FL 33185-4082, United States.

• General: m.iorgu@gexcap.com
• Complaints: m.iorgu@gexcap.com
• Fraud: m.iorgu@gexcap.com
• Privacy: m.iorgu@gexcap.com
• Intellectual property: m.iorgu@gexcap.com

EU representative under GDPR Article 27: [TO BE APPOINTED]