Terms & Conditions

• Use the site for its intended purpose: learning about Xcelocloud, downloading resources for your internal use, contacting us.
• The content is ours (or licensed to us); do not copy it commercially or scrape it.
• Information here is general; it is not a service commitment. Actual engagements are governed by the Services Terms and a signed Statement of Work.
• If you have an XceloHub or Partner Portal account, the Acceptable Use Policy in section 7 applies to every user on your account.
• Texas law applies; disputes go to arbitration in Dallas after a 30-day attempt to resolve them informally.

Xcelocloud, Inc. (“Xcelocloud,” “we,” “us”) is a Georgia corporation headquartered at 5331 East Mockingbird Lane, Suite 411, Dallas, Texas 75206. We operate xcelocloud.com, the XceloHub service platform and the Xcelocloud Partner Portal, together with related sites that link to these terms (the “Site” and, for authenticated platforms, the “Platforms”). By using the Site or Platforms you agree to these Terms & Conditions and our Privacy Policy. If you do not agree, do not use them. The Site and Platforms are intended for business users aged 18 or over.

Descriptions of Advanced Break Fix, Managed Services, Project Services, Field Services, MVSS365, XceloHub and other offerings are informational. Nothing on the Site is an offer, a quotation, a service-level commitment or a warranty. Scope, pricing, service levels and liability for any engagement are set exclusively by the Xcelocloud Services Terms and a Statement of Work signed by Xcelocloud and the customer or partner. The public Site is not designed to receive regulated data (for example, PHI under HIPAA or data subject to GLBA or FISMA); do not submit it through our web forms. Regulated data is handled only inside a contracted engagement under the Services Terms and Data Processing Addendum.

All Site content, including text, graphics, logos, designs, case studies, sales briefs, software and data, is owned by or licensed to Xcelocloud and protected by copyright, trademark and other laws. Xcelocloud®, MVSS365® and XceloHub are trademarks of Xcelocloud Inc.; other marks belong to their owners and appear only to identify the vendor ecosystems we support, which implies no endorsement.

We grant you a limited, revocable, non-exclusive license to access the Site and to download or print content for your organization’s internal evaluation of our services. Any other use, including republication, resale, framing, data mining or use to build a competing offering, requires our prior written permission (info@xcelocloud.com).

When you submit a form, résumé, feedback or other material, you confirm it is accurate, that you have the right to share it, and that it contains no confidential information of a third party. You grant us a license to use feedback and suggestions without obligation. Personal information in submissions is handled under the Privacy Policy. Partner and customer confidential information exchanged under an NDA or service agreement is governed by that agreement, not by this section.

Accounts and credentials

Access to XceloHub and the Partner Portal is by named user account. You are responsible for every action taken under accounts you control, for keeping credentials confidential, for enabling multi-factor authentication where offered, and for removing users who leave your organization within five business days. Tell us promptly at security@xcelocloud.com if you suspect a credential has been lost or misused. Accounts may not be shared, sold, or used to give access to anyone outside your organization other than your own authorized users.

Permitted use

The Platforms may be used only for business purposes directly related to services Xcelocloud delivers to you or, for partners, to your end customers under a current partner agreement. Content you may access is limited to your own organization’s tickets, assets, reports and documents, and, for partners, those of end customers you are authorized to serve.

Prohibited conduct

• Accessing, or attempting to access, data, tickets, accounts or systems that are not yours, including by guessing identifiers or exploiting authorization errors.
• Probing, scanning or testing the security of the Site or Platforms, or bypassing authentication, rate limits or other controls, without written authorization from Xcelocloud.
• Automated scraping, crawling, bulk export or data mining of the Site or Platforms beyond ordinary search-engine indexing or documented integrations.
• Uploading or transmitting malware, or any content that is unlawful, infringing, defamatory, harassing, discriminatory or sexually explicit.
• Processing data on behalf of any third party other than your own users or authorized end customers; sending unsolicited bulk messages through the Platforms.
• Impersonating Xcelocloud staff, partners or other users, or falsely implying sponsorship by or affiliation with Xcelocloud.
• Copying, modifying, decompiling, reverse-engineering, reselling, sublicensing or time-sharing the Platforms, or using them to build a competing service.
• Removing copyright or proprietary notices; using tracking cookies, ad networks or data brokerage tools within the Platforms.
• Using the Site or Platforms to violate any law, including export-control and sanctions law.

Our commitments to you

We will not install backdoors, time bombs, disabling code or other mechanisms designed to render the Platforms inoperable; we will not use your account information for marketing; and we will not knowingly transmit malware through the Platforms.

SMS terms

By opting in through our website form you agree to receive SMS messages from Xcelocloud, Inc. related to your request, including emergency engagement confirmations, callbacks and incident updates. Messaging frequency may vary. Message and data rates may apply. Reply STOP to opt out at any time; reply HELP or visit https://xcelocloud.com for assistance. Mobile numbers and SMS consent are not shared with or sold to third parties. See our Privacy Policy.

Enforcement

We may monitor the Site and Platforms for violations, suspend or terminate accounts, remove content and report unlawful activity to authorities. Where a violation threatens the security of other customers or of the Platforms, we may suspend access immediately and notify you afterward. Suspension under this policy does not relieve you of payment obligations under a Statement of Work.

The Site links to vendor sites, LinkedIn, Microsoft and other third parties and embeds some of their content. We do not control and are not responsible for those sites, their content or their privacy practices.

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, XCELOCLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR COMPLETENESS OF CONTENT. We may change, suspend or discontinue any part of the Site at any time without notice and do not guarantee uninterrupted availability.

TO THE FULLEST EXTENT PERMITTED BY LAW, XCELOCLOUD AND ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100). Liability under a signed service agreement is governed solely by that agreement. Some jurisdictions do not allow these limitations; in that case they apply to the maximum extent permitted.

You agree to defend and indemnify Xcelocloud and its affiliates, officers, employees and agents against claims, losses and reasonable legal fees arising from your breach of these terms, your submissions, or your violation of law or third-party rights. We may assume control of any defense at your expense, and you agree to cooperate.

These terms are governed by the laws of the State of Texas without regard to conflict-of-law rules. Before starting any formal proceeding, the parties will try in good faith to resolve the dispute informally for at least 30 days after written notice. Unresolved disputes will be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Dallas, Texas, on an individual basis only; class or representative proceedings are not permitted. Either party may seek injunctive relief in court for intellectual-property infringement, unauthorized access or misuse. Where a dispute proceeds in court, the state and federal courts in Dallas County, Texas have exclusive jurisdiction. Claims must be brought within one year of arising. The UN Convention on Contracts for the International Sale of Goods and UCITA do not apply.

These terms, the Privacy Policy and the Cookie Policy are the entire agreement regarding the Site and Platforms; the Services Terms and your Statement(s) of Work govern the services themselves and control over these terms if they conflict. If any provision is unenforceable the rest remains in effect. Our failure to enforce a provision is not a waiver. We may assign these terms; you may not. Communications through the Site, including forms and email, are electronic communications, and you consent to receive notices electronically. California residents may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

Questions about these terms: legal@xcelocloud.com. Xcelocloud Inc., 5331 East Mockingbird Lane, Dallas, TX 75206, United States.