Last updated: Feb 20, 2024 1:19 PM

Please read this Software as a Service Agreement ("SAAS Agreement") carefully before using AccelReviews platform ("the Platform") operated by eXcelebrate LLC, a Limited Liability Company formed in Wyoming, United States as this SAAS Agreement contains important information regarding the limitations of our liability. Your access to and use of the Platform is conditional upon your acceptance of and compliance with this SAAS Agreement. This SAAS Agreement applies to everyone, including viewers, users, and others who wish to access or use the Platform.

By accessing or using the Platform, you agree to be bound by this SAAS Agreement. If you disagree with any part of this SAAS Agreement, you do not have our permission to access and use the Platform.

License rights

eXcelebrate LLC grants you the non-exclusive, revocable, limited license to install and use the Platform subject to the terms contained in this Software as a Service Agreement. The license that is granted to you is solely for business and commercial use only. You may not use the Platform for personal or non-commercial uses. You are hereby prohibited from any reproduction of the Platform. You may this Platform only for businesses that you own and/or legally represent, and for the number of seats you have purchased.

WARRANTY

NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) SHALL APPLY TO THE PLATFORM; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. eXcelebrate LLC MAKES NO WARRANTY REGARDING FREEDOM FROM BUGS OR UNINTERRUPTED USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL eXcelebrate LLC BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER’S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF WE WERE ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

MAXIMUM LIABILITY

THE AGGREGATE LIABILITY OF eXcelebrate LLC ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU FOR THE PLATFORM.

Updates and Maintenance

eXcelebrate LLC may need, from time to time, to make additions and upgrades to the Platform. It shall be at the sole discretion of eXcelebrate LLC to make releases of such updates to you, provided that you may need to agree to any changed SAAS Agreement before the continued use of the Platform. Any updates and maintenance to the Platform shall be done free of charge to you.

Free Trial

We offer a free trial to the users of our Platform for a period of 30 Days. You will be charged for the full cost of the Platform upon the conclusion of the free trial.

DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to this Software as a Service Agreement including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Sheridan County, Wyoming, United States.

YOU AND eXcelebrate LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes

We reserve the right to make changes to this Software as a Service Agreement at any time. We will not provide you with any notice when we make changes to this Software as a Service Agreement.

Questions

If you have any questions about this SAAS Agreement, please contact us at privacy@excelebrate.co.