XcelData, Inc. ("we" or "us") provides this Terms of Service (“Terms”) to govern your access to and use of XcelData Cloud, including any content, functionality, and services offered on or through XcelData Cloud, its subsidiaries and affiliates, including Pawn2ME (collectively, the “Service”).

By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use the Service.

1. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Use of the Service

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• While operating a motor vehicle or engaged in any activity that requires focus and attention while using the Service
• In any way that violates any applicable federal, state, local, or international law or regulation
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
• To impersonate or attempt to impersonate XcelData, Inc., a XcelData, Inc. employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm XcelData, Inc. or users of the Service or expose them to liability

3. Ownership of Account

All stores within a single account must be owned by the same entity to protect customer privacy. This ensures that customer information is only shared between stores that belong to the same owner. If you have multiple stores owned by different entities, you must create separate accounts for each store.

4. Payment and Service Fees

To access the Service, payment of fees is required, and you are responsible for paying all fees and charges incurred in connection with your use of the Service. Unless expressly provided otherwise in these Terms or required by law, all fees are non-refundable.

Payment for fees and charges associated with the Service is due within 45 days of the invoice date. Failure to pay within this time frame may result in the suspension of your access to the Service until payment is made in full, and if payment is not received within 60 days of the invoice date, we reserve the right to terminate your access to the Service. By using the Service, you acknowledge and agree to these payment terms and understand that not making timely payments may lead to suspension or termination of access.

We offer the Service at various pricing levels based on usage and needs, and we may change our pricing and fees at any time without notice at our discretion. Our prices may be changed for various reasons, such as market conditions, third-party fees or charges, or cost of providing the Service. Additionally, any module add-ons will be added to the base cost and are not pro-rated, but if you wish to remove any features, please contact support for assistance.

As part of our Service fees, you may be responsible for some fees generated by third-party carriers or vendors. We try to keep these fees as low as possible, but you agree to pay all applicable fees and charges, including any third-party fees or charges, associated with your use of the Service. While we will make every effort to give advance notice of any changes to our pricing or fees, we cannot guarantee that we will always be able to provide such notice. By using the Service, you agree to any changes in pricing or fees that we may make from time to time.

5. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by XcelData, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

6. Ownership and Termination

We own the phone numbers provided as part of the Service, and we will not transfer them if you decide to stop using the Service. Additionally, we are not obligated to transfer any domain names you may be leasing from us.

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

7. Disclaimers

The Service is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included or offered through the Service. You expressly agree that your use of the Service is at your sole risk.

We do not guarantee the accuracy, completeness, timeliness, or usefulness of any information on the Service. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

8. Limitation of Liability

In no event will XcelData, Inc. or its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

9. Indemnification

You agree to defend, indemnify, and hold harmless XcelData, Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

10. Governing Law and Venue

These Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

11. Waiver and Severability

No waiver of by XcelData, Inc. of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of XcelData, Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12. Class Action Waiver and Litigation

You agree to waive any right to participate in any class action lawsuit or class-wide arbitration. You also agree to resolve any disputes with XcelData, Inc. on an individual basis through binding arbitration, except where prohibited by law.

13. Delivery Systems

We use external systems for SMS, MMS, Email delivery. While we strive to ensure the timely and accurate delivery of messages, we do not guarantee delivery to all recipients or delivery within a specific time frame. Factors outside of our control, such as carrier limitations, may affect the delivery of messages. We are not responsible for any damages or losses resulting from the failure of messages to be delivered in a timely or accurate manner.

14. Pawn2ME

Pawn2ME is the customer-facing side of our service that is branded to give customers confidence about paying online. We use Pawn2ME to send electronic notices and is how customers interact with the system. Pawn2ME has its own Terms of Service and Privacy Policy available at pawn2me.com. By using our Service, you acknowledge and agree to abide by the Pawn2ME Terms of Service and Privacy Policy. We also use contactmy.store and paymy.store to communicate with customers on your behalf.

15. Changes to Features and Modules

We reserve the right to modify or discontinue any feature or module of our Service at any time without notice. We do not guarantee that any particular feature or module will always be available or will continue to be available in its current form. We may add new features or modules or remove existing ones at our discretion.

Changes to our Service may be necessary due to factors outside of our control, such as changes in technology or changes made by third-party service providers. While we will make reasonable efforts to provide you with notice of any material changes to our Service, we do not guarantee that such notice will be provided in all cases. However, if we believe that a change to our Service will have a significant impact on your business, we will endeavor to provide you with at least 90 days notice before the change takes effect.

We may also push automatic updates to our Service without notice, including updates to features or modules. These updates are intended to improve the performance or security of our Service, and we are not liable to you or any third party for any issues or disruptions caused by such updates.

We are not liable to you or any third party for any modification, suspension, or discontinuation of any feature or module of our Service.

16. Mobile Compatibility

While we strive to make our Service accessible on mobile devices, we acknowledge that our Service is best used on a desktop or laptop computer. As such, we may not fully comply with mobile-first design principles. However, we are committed to making every effort to accommodate mobile users and will continue to improve our mobile compatibility over time.

We recommend using our Service on a desktop or laptop computer for the best user experience. However, if you choose to use our Service on a mobile device, please note that some features or modules may not be fully functional or may not be accessible.

We are not liable to you or any third party for any issues or difficulties caused by using our Service on a mobile device.

17. Internet Connection

Our Service requires an active internet connection to function properly. You are solely responsible for ensuring that you have a reliable and secure internet connection in order to use our Service. We are not responsible for any issues or disruptions caused by internet connectivity problems, including but not limited to slow or interrupted data transmission or loss of data.

Please note that our Service may use a significant amount of data, particularly if you use features such as file uploads or downloads. You are responsible for monitoring your data usage and for any associated costs or fees.

We are not liable to you or any third party for any issues or difficulties caused by a lack of internet connectivity or associated costs or fees.

18. Web Accessibility Standards

We recognize the importance of web accessibility and strive to make our Service as accessible as possible to all users, including those with disabilities. While we make every effort to meet web accessibility standards, we may occasionally miss something due to factors such as limitations in technology, resources, or changes to the standards themselves.

If you encounter any accessibility issues while using our Service, please contact our support team to let us know and we will make every effort to address the issue.

However, we do not guarantee or warrant that our Service fully complies with any specific web accessibility standards, such as those outlined in the Americans with Disabilities Act (ADA) or the Web Content Accessibility Guidelines (WCAG), nor are we liable to you or any third party for any accessibility issues or difficulties caused by our Service or for any failure to meet specific web accessibility standards.

19. Delivery Notifications

We provide delivery notifications through our Service to help you track the progress of your messages and ensure successful delivery. These notifications are provided by third-party carriers and may be subject to limitations outside of our control.

While we make every effort to provide accurate and timely delivery notifications, we are not liable for any delays, inaccuracies, or failures in delivery notifications caused by third-party carriers. We do not guarantee the availability or accuracy of delivery notifications, and you acknowledge that these notifications are provided on an "as-is" basis.

If you encounter any issues with delivery notifications while using our Service, please contact our support team and we will make every effort to assist you.

20. Laws & Regulations

As an owner of one or more stores on our platform, it is your responsibility to know and comply with all applicable laws and regulations in your jurisdiction. This includes, but is not limited to, regulations regarding the sale of goods and services, privacy, and data protection.

While we may assist with compliance by providing certain features and tools, such as reporting and data storage, we do not perform additional reporting to law enforcement or regulatory authorities. It is your responsibility to ensure that you comply with all applicable laws and regulations for each of your stores.

By using our Service, you agree to comply with all applicable laws and regulations, and acknowledge that failure to do so may result in the suspension or termination of your access to the Service.

21. Uptime & Availability

We strive to maintain the highest level of availability for our Service. However, we cannot guarantee uninterrupted access to the Service at all times. We may experience downtime due to various factors, including but not limited to, scheduled maintenance, hardware or software failures, or events beyond our control.

While we make every effort to minimize downtime and restore service as quickly as possible, we do not offer any uptime guarantees. We are not liable for any damages or losses that may occur as a result of downtime or interruption of the Service.

If you experience any issues with accessing the Service, please contact our support team for assistance.

22. Payment Processors

We use external payment processors to handle payment transactions on our Service. These payment processors charge fees for their services, which are separate from our fees. They may also have setup costs and their own terms and privacy policies.

We rely on these payment processors to determine whether a supplied payment method, such as a credit or debit card, is valid and usable. However, we cannot guarantee the accuracy of this information, as it is ultimately determined by the payment processor.

By using our Service to make payments, you agree to abide by the terms and conditions of the payment processor, in addition to our own terms of service and privacy policy.

23. Confidential Information and Customer Verification

When utilizing our service for electronic customer communication, it's crucial to take into account certain legal considerations. It's essential to be aware of laws or regulations related to unsolicited commercial email (SPAM) in your jurisdiction. Additionally, it's necessary to ensure that any text messages or phone calls you send abide by relevant laws and regulations, such as the Telephone Consumer Protection Act (TCPA).

Moreover, electronic communication entails certain risks, such as the possibility of interception or unauthorized access to information. While we take reasonable measures to safeguard the security and confidentiality of electronic communication processed through our service, we cannot ensure absolute security.

By utilizing our service for electronic customer communication, you agree to comply with all relevant laws and regulations and assume all risks associated with electronic communication. You also agree to indemnify and hold us harmless against any claims or damages that may arise from your use of our service for electronic customer communication.

It's crucial to protect the confidential information of customers when communicating with them electronically. Therefore, we urge you not to transmit confidential information like Social Security numbers or bank account numbers via electronic communication.

Furthermore, before processing any transaction or releasing any information, we require you to confirm the customer's identity to ensure that you're communicating with the right individual. This is important for the privacy and security of our customers and to guarantee that transactions are conducted lawfully.

By utilizing our service, you agree to comply with all relevant laws and regulations related to customer communication and verification. We're not liable for any unauthorized access to or disclosure of customer information that occurs as a result of your failure to properly verify customer identities or protect confidential information.