Terms and Conditions

Effective date: June 4, 2021 Please read these Terms Of Use carefully before accessing or using our Service. By accessing or using our Service, you agree to become bound by these Terms Of Use. If you do not agree to all these Terms Of Use you should not access nor use any of our Services. DEFINITIONS For the purposes of this Terms Of Use: The Company (“the Company”, “we”, “us” or “our” in this Agreement) refers to Xcale Builders created and managed by XBuilders, LLC Service refers to the Website Website refers to www.xcalebuilders.com Terms Of Use refers to all the Terms Of Use in this agreement between the User and the Company regarding the use of the Service Trial Period means free access to the Service for a limited and established period of time User Content means any information and content that a User submits to the Website User is the individual using our Service. SUBSCRIPTIONS We offer different subscription plans. Information about our plans can be found on our Website. You will be billed in advance on a recurring and periodic basis, monthly or annually, depending on the type of subscription plan you select when purchasing the Service. At the end of each billing cycle, your subscription will automatically renew under the exact same conditions unless you or us cancel it. You may upgrade or downgrade your subscription at any time, upon which we will apply the respective fees on a pro-rata basis. A valid payment method is required to process the payment for your subscription. You shall provide us with accurate and complete billing and valid payment method information. By submitting this payment information, you automatically authorize us to charge all subscription fees incurred through your account. If automatic billing fails for any reason, we will indicate that you must proceed manually within a certain deadline date. SUBSCRIPTION FEES We may, at any time, modify the subscription fees. These changes will become effective at the end of the then-current billing cycle. We will provide you with a prior notice of any change before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount. REFUNDS Refund requests may be considered by us on a case-by-case basis. TRIAL PERIOD If you enter your payment information when signing up for the Trial Period, you will not be charged until the free trial has expired. If you have not entered your payment information, at the end of the Trial Period, you will be requested to enter it and you will be automatically charged on the date shown on the billing section of your account. On the last day of the Trial Period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected. We reserve the right to modify the terms and conditions of the Trial Period offer, or cancel the Trial Period offer, at any time and without previous notice. USER CONTENT You are exclusively responsible for your User Content, including its legality, reliability, and appropriateness and you bear all risks associated with its use. You hereby certify that your User Content does not violate our Terms Of Use and Privacy Policy nor the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We take no responsibility and assume no liability for content you or any third party posts on or through the Service. We have the right but not the obligation to monitor and edit all User Content. Additionally, we are not obliged to backup any User Content that you post and it may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire. By posting User Content using the Service you grant us the right and license to use, modify,publicly display, reproduce, and distribute such User Content on and through the Service. You may not distribute, modify, transmit, download, copy, or use User Content found on or through our Website, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. ACCOUNT By creating an account with us, you guarantee that all the information you provide us is accurate, complete, and current at all times. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with it. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and you must not use your account in a misleading or unlawful manner We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion INTELLECTUAL PROPERTY The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Xcale Builders and its licensors. The Service is protected by copyright, trademark, and other laws. LINKS TO OTHER WEBSITES Our Website and our Service may include links to third-party websites or services. These links are not controlled by us and their use is at your own risk. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by them. INDEMNIFICATION You shall defend, indemnify and hold harmless Xcale Builders, including its licensee and licensors, employees, contractors, shareholders, agents, officers, directors, and other partners from and against any and all demands, claims, damages, obligations, losses, liabilities, costs and expenses, arising out of or in any way connected with a) your use and access of the Service (by you or any person using your account and password); b) a breach of these Terms Of Use, or c) Content posted on the Service. LIMITATION OF LIABILITY In no event shall Xcale Builders, or any of its representatives be liable to you or any third party for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising from (i) your access and use or inability to access and use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content distributed on or provided through the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been expressly advised of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. DISCLAIMER Our Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties and conditions of any kind, whether express, implied or statutory, including, but not limited to, all warranties or conditions of merchantability, fitness for a particular purpose, non-infringement or course of performance. Your use of the Service is at your sole risk. We and our suppliers do not warrant that a) the Service will be available on an uninterrupted, timely, secure, or error-free basis; b) any errors or defects will be corrected; c) the Service be reliable, free of viruses or other harmful components; or d) the Service will meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. GOVERNING LAW Our failure to enforce any right or provision of these Terms Of Use will not be considered a waiver of those rights. If any provision of these Terms Of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms Of Use will remain in effect. These Terms Of Use constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. TERMINATION We may terminate or suspend your access to all or any part of your account immediately at any time, with or without cause, without prior notice or liability. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may follow the cancellation request routine. CHANGES We reserve the right, at our sole discretion, to replace and modify these Terms Of Use at any time and it is your responsibility to check this Agreement periodically for changes. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the updated Terms Of Use. CONTACT US For more information or inquiries about our Terms Of Use, please contact us by e-mail at [email protected]