These Terms of Use ("Terms") govern your access to and use of the Xelevate Systems LLC website (xelevatesystems.com) and any applications, software, or digital products we own and operate (collectively, the "Services"). Xelevate Systems LLC is referred to as "Company," "we," "us," or "our." By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
Some products, such as Money Rhythm™, have their own product-specific terms, privacy policy, and refund policy. Where product-specific terms exist, they apply to that product in addition to these Terms and control if there is a conflict. Custom development, workflow, or consulting work is governed by a separate written agreement with each client.
1. Acceptance of Terms
By accessing or using the Services, you confirm that you have read, understood, and agree to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.
2. Changes to Terms
We may modify or replace these Terms at any time. Material changes will be communicated by posting an updated version with a revised effective date and, where applicable, by email or in-app notice. Continued use of the Services after changes means you accept the updated Terms.
3. Ongoing Development
Our Services are actively developed and may change over time. They are provided "as is" and "as available." Features may be added, modified, or removed without notice, may not always function perfectly, and data displayed may be inaccurate, delayed, or incomplete. Use of the Services is at your own risk.
4. Age Requirement
The Services are not intended for anyone under 13. By using the Services, you represent that you are 13 or older. If we learn a user is under 13, we will terminate the account and delete associated information to the extent possible.
5. Use of the Services
Our Services are provided for informational, productivity, and educational purposes. Unless stated in a separate written agreement, we do not provide financial, investment, legal, or tax advice. You are solely responsible for decisions you make based on information provided through the Services. You agree not to misuse the Services, interfere with their operation, or use them in violation of any law.
6. Intellectual Property
All content, software, designs, logos, and trademarks on the Services, including Xelevate Systems™ and Money Rhythm™, are owned by Xelevate Systems LLC or its licensors. You may not copy, modify, distribute, or create derivative works without our written permission.
7. Third-Party Services
The Services may integrate with or rely on third-party services such as payment processors, financial data providers, cloud hosting providers, and analytics tools. We do not control these services and are not responsible for their errors, outages, security incidents, or data handling. Your use of them is subject to their own terms and privacy policies.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA OR CONTENT WILL BE ACCURATE OR COMPLETE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XELEVATE SYSTEMS LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES, INCLUDING TECHNICAL FAILURES, SECURITY INCIDENTS, OR THIRD-PARTY SERVICE FAILURES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
10. Indemnification
You agree to defend, indemnify, and hold harmless Xelevate Systems LLC and its officers, employees, agents, and affiliates from claims, losses, and expenses (including reasonable attorneys' fees) arising from your use or misuse of the Services, your violation of these Terms or any law, or your violation of any third party's rights.
11. Modifications to the Services
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, and are not liable for doing so.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Disputes shall be resolved exclusively in the state or federal courts located in Arizona, and you consent to their jurisdiction. Disputes will be handled only on an individual basis; you waive any right to participate in a class action. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND XELEVATE SYSTEMS LLC EACH WAIVE THE RIGHT TO A JURY TRIAL.
13. Survival
Sections 6 through 10 and 12 survive termination of your use of the Services.
14. Contact
Questions about these Terms: support@xelevatesystems.com or (480) 630-7271. You agree that electronic communications satisfy any requirement that notices be in writing.