TERMS OF SERVICE
Last Updated: September 2024
1. Introduction
Welcome to Xcelrate, LLC (“Xcelrate,” “we,” “us,” or “our”). By accessing or using our website https://xcelrate.com and our services, you agree to comply with and be bound by these Terms of Service (“Terms”). Please read these Terms carefully before using our services. If you do not agree with these Terms, you should not use our services.
2. Services
Xcelrate provides lead generation services, including but not limited to building sales funnels, creating automation workflows, booking appointments, and managing email and text communication. Our services also utilize third parties who act as data processors under our instruction as specified to deliver these functionalities.
Our Appointment Reminder Program provides automated text messages to remind and confirm appointments for our clients. Users can expect to receive timely reminders and confirmations for scheduled appointments upon opting in.
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected].
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive appointment reminders and confirmations as needed. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our privacy policy: https://xcelrate.com/privacy-policy.
3. Use of Services
You agree to use our services in compliance with all applicable laws and regulations. You shall not use our services for any illegal or unauthorized purpose. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. User Content
You retain ownership of any content you submit or upload through our services. By submitting content, you grant Xcelrate a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content for the purpose of providing and improving our services.
5. Prohibited Conduct
You agree not to engage in the following prohibited conduct:
Using the services for unlawful purposes or to solicit illegal activity,
Transmitting any harmful or malicious code,
Interfering with the operation of our services or the servers and networks connected to our services,
Using the services to send unsolicited communications or spam,
Attempting to gain unauthorized access to our services or other users' accounts.
6. Third-Party Services
Depending on the purpose and the necessity, we may disclose your Personal Data to the following categories of recipients:
To any subsidiaries of Xcelrate, LLC (i.e. internal transfer within our organization),
To third parties who act as data processors under our instruction as specified in the related concluded contracts,
To our auditors, attorneys or other advisors under professional obligations of confidentiality in connection with corporate functions,
When you sign up to one of our events and we ask third parties to host, sponsor or present, including webinars and trainings, we may forward your contact data to the respective third party who may use it to provide access to the event or to contact you for related marketing purposes,
To government, law enforcement and regulatory bodies to meet applicable legal or regulatory obligations.
A list of applicable recipients can be provided upon request.
Xcelrate is not responsible for the actions or policies of third-party services.
7. Intellectual Property
All content, trademarks, and other intellectual property related to our services are owned by Xcelrate or its licensors. You may not use, reproduce, or distribute any content from our services without our prior written consent.
8. Disclaimers and Limitations of Liability
Our services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, to the fullest extent permitted by law. Xcelrate shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our services.
9. Indemnification
You agree to indemnify and hold harmless Xcelrate, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of our services or violation of these Terms.
10. Termination
We reserve the right to terminate or suspend your access to our services at any time, with or without cause, and with or without notice. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive.
11. Changes to Terms
Xcelrate reserves the right to modify these Terms at any time. We will notify you of any significant changes by posting the updated Terms on our website. Your continued use of our services after such changes constitutes your acceptance of the modified Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. Any disputes arising from these Terms shall be resolved in the courts located in Fulton County, Georgia.
13. Contact Us
If you have any questions about these Terms or our services, please contact us at:
Email:
Mailing Address:
Xcelrate, LLC
(Atlanta Financial Center)
3343 Peachtree Rd NE Ste 145-1345
Atlanta, GA 30326