Effective Date: January 1, 2025
Last Updated: January 1, 2025
1. Agreement to Terms
By accessing or using Xcellerate’s infrastructure products and services (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you may not access our Services.
These Terms constitute a legally binding agreement between you (“Customer,” “you”) and Xcellerate (“Company,” “we,” “us”) governing your use of our Services.
2. Eligibility
2.1 Business Use
Our Services are intended for business use by IT departments and SMEs within the European Union. By using our Services, you represent that:
- You are at least 18 years old
- You have the legal capacity to enter binding contracts
- You are authorized to bind your organization to these Terms
- Your use complies with all applicable laws and regulations
2.2 Account registration
You must provide accurate, current, and complete information during registration and maintain the accuracy of such information.
3. Services description
Xcellerate provides best-of-breed infrastructure products and solutions including:
- Infrastructure management tools
- Monitoring and optimization solutions
- Technical consulting services
- Support and maintenance services
- Related documentation and resources
4. Account terms
4.1 Account security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use
- Ensuring your users comply with these Terms
4.2 Account restrictions
You may not:
- Share account credentials with unauthorized parties
- Create accounts using automated means
- Use accounts for illegal or unauthorized purposes
5. Acceptable Use policy
5.1 Permitted use
You may use our Services only for lawful purposes and in accordance with these Terms.
5.2 Prohibited activities
You agree not to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Transmit malware, viruses, or harmful code
- Attempt to gain unauthorized access to systems
- Interfere with or disrupt the Services
- Engage in any form of automated data collection without permission
- Resell Services without written authorization
- Use Services to compete with Xcellerate
6. Intellectual property rights
6.1 Our property
All content, features, and functionality of our Services remain the exclusive property of Xcellerate and are protected by EU and international copyright, trademark, and other intellectual property laws.
6.2 License grant
We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services in accordance with these Terms.
6.3 Customer data
You retain all rights to your data. By using our Services, you grant us a license to process your data solely to provide the Services as described in our Privacy Policy.
7. Payment terms
7.1 Fees
- All fees are quoted in EUR unless otherwise specified
- Prices are exclusive of VAT and applicable taxes
- Payment terms are specified in your service agreement
7.2 Billing
- Invoices are issued according to the agreed billing cycle
- Payment is due within 30 days of invoice date
- Late payments may incur interest at the statutory rate under Belgian and EU law
7.3 Refunds
Refund policies are governed by your specific service agreement and applicable EU laws.
8. Service Level Agreement (SLA)
8.1 Availability
We strive for 99.9% uptime for our Services, excluding scheduled maintenance.
8.2 Support
- Standard support: Business hours (8:30-18:00 CET)
- Premium support: 24/7 availability (if subscribed)
- Response times as specified in your service agreement
9. Data Protection and Privacy
9.1 GDPR Compliance
We process personal data in accordance with GDPR and our Privacy Policy.