Terms of Service

1. Agreement

These terms govern your use of Xcel Rack, operated by Xcelerate Brands. By creating an account or using the service you agree to them. If you are agreeing on behalf of a company, you confirm you are authorised to do so.

2. The service

Xcel Rack provides inventory management, warehouse management, marketplace data synchronisation, forecasting and reporting for eCommerce sellers. We may add, change or remove features as the product develops, and will give reasonable notice before removing something you depend on.

3. Your account

• You are responsible for the accuracy of the information in your account.
• You are responsible for keeping credentials confidential and for activity under your account.
• Administrators of your organization control who has access and at what level.
• Tell us promptly if you believe an account has been compromised.

4. Marketplace connections

Connecting a marketplace account authorises us to retrieve data on your behalf, within the permissions you approve.

• You confirm you are entitled to authorise access to the accounts you connect.
• You remain bound by the marketplace's own terms; nothing here overrides them.
• You may disconnect at any time, which revokes the stored authorisation.
• Marketplaces may change or withdraw their APIs. Where that limits what Xcel Rack can do, we will say so rather than substitute a guess.

5. Your data

You retain ownership of the data you provide and the data retrieved on your behalf. You grant us only the licence needed to operate the service for you — storing, processing and displaying it back to you. Our handling of it is described in the Privacy Policy.

6. Acceptable use

You agree not to:

• use the service unlawfully, or in breach of a marketplace's terms
• attempt to access another organization's data
• probe, scan or test the security of the service without written permission
• reverse engineer, resell or white-label the service without agreement
• submit content that infringes another party's rights
• use automated means to place unreasonable load on the service

7. Forecasts and recommendations

Xcel Rack produces forecasts, replenishment recommendations and other analysis from the data available to it. These are decision support, not a guarantee.

You remain responsible for your purchasing and operational decisions. Forecast quality depends on the completeness and accuracy of your sales history, inventory records, lead times and supplier data. We are not liable for commercial outcomes resulting from acting on a recommendation.

8. Availability

We aim to keep the service available and will give notice of planned maintenance where practical. The service is provided on an "as available" basis, and may be interrupted by matters outside our control, including marketplace or cloud provider outages.

9. Fees

Where the service is provided under a paid plan, fees, billing period and payment terms are those set out in your order or agreement. Unless stated otherwise, fees are exclusive of taxes.

10. Suspension and termination

You may stop using the service at any time and ask us to close your account. We may suspend or terminate access if these terms are breached, if required by law, or if continued use presents a security risk. On termination we will make your data available for export for a reasonable period before deletion.

11. Confidentiality

Each party will protect the other's confidential information and use it only for the purpose of this agreement.

12. Disclaimers

To the fullest extent permitted by law, the service is provided without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error free, or that any forecast will prove accurate.

13. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability arising out of or relating to the service is limited to the fees you paid in the twelve months before the event giving rise to the claim.

Nothing here excludes liability that cannot lawfully be excluded.

14. Indemnity

You will indemnify us against claims arising from your use of the service in breach of these terms, or from data you provide that infringes a third party's rights.

15. Changes

We may update these terms. We will change the date above and, for material changes, notify account administrators. Continued use after a change takes effect constitutes acceptance.

16. General

These terms are the entire agreement between us regarding the service and supersede prior discussions. If a provision is unenforceable, the rest remains in force. Failure to enforce a provision is not a waiver of it. You may not assign this agreement without our consent.

17. Contact

Xcel Rack, operated by Xcelerate Brands
[email protected]