Term of Service

Download, View, and Print a PDF copy of this Term of Service Agreement (version dated 10/25/2024) by clicking here now.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

BY USING THE SERVICE, CLICKING AGREE OR OTHER FORM OF ASSENT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER OR A THIRD PARTY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR BEHALF.

This agreement is between N-compass Capital LLC., a Delaware limited liability company (NCC), and the Customer agreeing to these terms. Excel Your Revenue is owned by N-compass Capital LLC.

  1. SOFTWARE SERVICE.

This agreement and the applicable order provide Customer and its Affiliates (defined below) access to and usage of an Internet-based software service, including, without limitation, its features, functions, and user interface, and underlying software, the mobile app, as specified on an order (Service). Onboarding services may also be provided by NCC under this agreement if specified under an order. Each user will have a unique login, and user credentials may not be shared.

  1. USE OF SERVICE.
    1. Customer Owned Data. All data uploaded by Customer to the Service remains the property of Customer, as between NCC and Customer (Customer Data). Customer represents and warrants to NCC that Customer has provided all required notices and has obtained all required licenses, permissions, and consents regarding Customer Data for use within the Service under this agreement. During the term of this agreement, Customer grants NCC the right to use the Customer Data solely for purposes of performing under this agreement and to provide and ensure proper operation, maintenance, and improvement of the Services and the associated systems and services. During the term of this agreement, Customer can export Customer Data within functionality within the Service.
    2. Affiliates and Contractors. Customer, including its Affiliates, may enter into orders with NCC and its Affiliates. An Affiliate entering into an order agrees to be bound by this agreement as if it were an original party hereto. Customer may allow its Affiliates and contractors to use the Service, provided Customer is responsible for their compliance with the terms of this agreement, and use by its Affiliates and contractors is solely for Customer’s or Affiliate’s benefit. Affiliate means any company controlled by or under common control with the subject entity, directly or indirectly, with an ownership interest of at least 50%.
    3. Customer Customer: (i) must keep its passwords secure and confidential and use industry-standard password management practices; (ii) is responsible for for its access control policies and administration of access rights to its account within the Service, the acts and omissions of its users, and the legality and accuracy of Customer Data; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify NCC promptly of any such unauthorized access; (iv) may use the Service only in accordance with the Service’s technical documentation and applicable law; (v) may not allow a competitor of NCC to access or use the Service for any purpose; and (vi) is responsible for providing accurate expenses and product pricing information for job estimations and monthly and yearly goals.
    4. Third Party Service. The Service interoperates with third party services (Third Party Service) such as without limitation, the third-party service listed at this site: (Coming Soon) and it depends on continuing availability of and access to Third Party Service, including application programming interfaces, for full functionality of the Service.
    5. Technical Support. NCC must provide Customer support for the Service under the terms located at https://excelyourrevenue.com/customer-service-center/ (Support).
    1. NCC warrants to Customer that: (i) NCC will not materially decrease the overall security of the Service; and (ii) NCC will not materially decrease the overall functionality of the Service or the scope of Support.
    2. NCC DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. WHILE NCC TAKES REASONABLE PHYSICAL, TECHNICAL, AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, NCC DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. NCC IS NOT LIABLE IF CUSTOMER PROVIDES INACCURATE EXPENSES OR PRODUCT PRICING INFORMATION FOR JOB ESTIMATIONS OR MONTHLY OR YEARLY GOALS. CUSTOMER UNDERSTANDS AND AGREES THAT THE SERVICE MAY NOT BE ERROR-FREE AND THE USE MAY BE INTERRUPTED, AND NCC IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY SERVICE ISSUES.
  3. PAYMENT AND ORDER RENEWALS.

Customer must pay all fees as specified in the order, plus applicable taxes. Each order auto renews from month to month, unless either party provides notice of non-renewal 30 days prior to the renewal date. NCC may temporarily suspend or terminate, or both, the Service if Customer’s payment is past due or if a credit card transaction is denied by the card provider. Prices are subject to change if you want to dispute price changes please email support@excelyourrevenue.com.

  1. MUTUAL CONFIDENTIALITY AND DATA SECURITY.
    1. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). NCC’s Confidential Information includes, without limitation, the Service, and pricing information. Customer’s Confidential Information includes, without limitation, the Customer Data.
    2. Protection of Confidential Information. Recipient must use the same degree of care that it uses to protect the confidentiality of its
own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of Discloser for any purpose outside the scope of this agreement; and (ii) limit access to Confidential Information of Discloser to those of its and its Affiliates’ employees
and contractors who need that access for purposes consistent with this agreement and who have signed confidentiality
agreements with Recipient containing protections not materially less protective of the Confidential Information than
those in this agreement.
    3. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser; (ii) was known to the Recipient before its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed to Discloser; or (iv) is independently developed by the Recipient without use of or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order but will provide the Discloser with advance notice to seek a protective order.
    4. Data Security Measures.
      1. Security Measures. NCC: (i) implements and maintains reasonable security measures appropriate to the nature of the Customer Data including, without limitation, technical, physical, administrative, and organizational controls, designed to maintain the confidentiality, security, and integrity of the Customer Data; (ii) implements and maintains industry standard systems and procedures for detecting, preventing, and responding to attacks, intrusions, or other systems failures and regularly tests, or otherwise monitors the effectiveness of the safeguards’ key controls, systems, and procedures; (iii) designates an employee or employees to coordinate implementation and maintenance of its Security Measures (as defined below); and (iv) identifies reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of the Customer Data that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of such information, and assesses the sufficiency of safeguards in place to control these risks (collectively, Security Measures).
      2. Notice of Data Breach. If NCC becomes aware that Customer Data was accessed or disclosed in breach of this agreement, NCC will so notify Customer without undue delay, immediately act to eliminate the breach and preserve forensic evidence, and provide available information to Customer regarding the nature and scope of the breach.
      1. Reservation of Rights. NCC and its licensors are the sole owners of the Service including all associated intellectual property rights, and they remain only with NCC. The customer may not remove or modify any proprietary marking or restrictive legends in the Service. NCC reserves all rights that are not expressly granted in this agreement.
      2. Customer may not: (i) sell, resell, rent, or lease the Service or use it in a service-provider capacity; (ii) use the Service to store or transmit unsolicited marketing emails, libelous, or otherwise objectionable, unlawful, or tortious material, or to store or transmit infringing material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or its related systems or networks; (v) reverse engineer the Service except as allowed by applicable law despite this limitation; or (vi) access the Service to build a competitive service or product, or copy any feature, function, or graphic for competitive purposes. NCC may suspend Service to Customer if NCC believes in good faith that Customer’s use of the Service poses an imminent threat to the security, availability or legality of the Service; in such event, NCC will work with Customer to address the issue and restore Service as quickly as possible.
      3. Statistical Information. NCC may compile statistical information related to the performance of the Service and may make such information publicly available, provided that such information does not identify Customer Data, and there is no means to re-identify Customer Data. NCC retains all intellectual property rights in such information.
    6. TERM AND TERMINATION.
      1. The term of this agreement is for the duration of the order. Subscriptions auto-renew monthly, and the payment source you provided will automatically be charged. You may cancel your membership at any time with a 30-day notice by clicking here, or emailing us at Support@ExcelYourRevenue.com.
      2. Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
      3. Effect of Termination. If this agreement is terminated for NCC’s breach, NCC will refund Customer fees prepaid for the remainder of the term of all orders after the termination effective date. If this agreement is terminated for Customer’s breach, Customer will pay any unpaid fees for the term of all orders.  Upon termination or expiration of an order, NCC will destroy all Customer Data.
    7. LIABILITY LIMIT.
      1. EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NCC IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF OR UNAUTHORIZED ACCESS TO DATA OR INFORMATION; INCORRECT CALCULATIONS AND LOST PROFITS, REVENUE, OR ANTICIPATED COST SAVINGS), EVEN IF IT KNOWS OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR LOSS.
      2. TOTAL LIMIT ON LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NCC’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) DOES NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER WITHIN THE 6 MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY.

 

  1. INDEMNIFICATION FOR THIRD-PARTY CLAIMS.

If any third party brings a claim against NCC related to Customer’s information within the Service or their use of the Service, Customer must defend, indemnify, and hold NCC harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

  1. GOVERNING LAW AND FORUM.

This agreement is governed by the laws of the State of Delaware (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Delaware, and the Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.

  1. OTHER TERMS.
    1. Entire Agreement and Changes. This agreement and the order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. The customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise, or inducement not included in this agreement is binding. No modification or waiver of any term of this agreement is effective unless both parties sign it, however, this agreement may be modified through an online process provided by NCC.
    2. No Assignment. Neither party may assign or transfer this agreement to a third party, except that the agreement and all orders may be assigned without the consent of the other party as part of a merger or sale of all or substantially all a party’s businesses, assets, not involving a competitor of the other party, or at any time to an Affiliate.
    3. Export Compliance. The Service and Confidential Information may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Neither party will permit its personnel or representatives to access any Service in a U.S.-embargoed country or in violation of any applicable export law or regulation.
    4. Independent Contractors. The parties are independent contractors with respect to each other, and neither party is an agent, employee, or partner of the other party or the other party’s Affiliates.
    5. Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Neither party is liable for its non-performance due to events beyond its reasonable control, including but not limited to natural weather events and disasters, labor disruptions, and disruptions in the supply of utilities.
    6. Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach of this agreement.
    7. No Additional Terms. NCC rejects additional or conflicting terms of a Customer’s form-purchasing document.
    8. Order of Precedence. If there is an inconsistency between this agreement and an order, the order prevails.
    9. Survival of Terms. All provisions of this agreement regarding payment, confidentiality, indemnification, limitations of liability, proprietary rights and such other provisions that by fair implication require performance beyond the term of this agreement must survive expiration or termination of this agreement until fully performed or otherwise are inapplicable. The UN Convention on Contracts for the International Sale of Goods does not apply.
    10. If Customer provides feedback or suggestions about the Service, then NCC (and those it allows to use its technology) may use such information without obligation to Customer.
    11. Mobile Software. NCC may make available mobile software to access the Service via a mobile device (Mobile Software). To use the Mobile Software, Customer must have a mobile device that is compatible with the Mobile Software. NCC does not warrant that the Mobile Software will be compatible with Customer’s mobile device. Customer may use mobile data in connection with the Mobile Software and may incur additional charges from Customer’s wireless provider for these services. Customer agrees that it is solely responsible for any such charges. Customer acknowledges that NCC may, from time to time, issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that Customer is using on its mobile device. Customer consents to such automatic upgrading on its mobile device, and agrees that the terms and conditions of this agreement will apply to all such upgrades. If the mobile device software is acquired from an Apple platform (App Store Software), the additional terms set forth on Exhibit A

Last Revised October 28, 2024

EXHIBIT A – MOBILE SOFTWARE FROM THE APPLE APP STORE OR ANDRIOD STORE

The following applies to any NCC’s Mobile Software Customer acquires from the Apple App Store (App Store Software):

  1. This agreement is between NCC and Customer only, and not with Apple or Android, and NCC, not Apple or Android, is solely responsible for the App Store Software and the content thereof. The agreement does not provide for usage rules for App Store Software that are in conflict with the App Store Terms of Service as of the effective date of the agreement (which Customer acknowledges it has had the opportunity to review).
  2. Scope of License. The license granted to Customer for the App Store Software is limited to a non-transferable license on any Apple-branded or Android Products that the Customer owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App Store Software may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
  3. Maintenance and Support. NCC is solely responsible for providing any maintenance and support services with respect to the App Store Software, as specified in the agreement, or as required under applicable law. NCC and Customer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software.
  4. NCC is solely responsible for any App Store Software warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Software to conform to any applicable warranty, Customer may notify Apple, and Apple may refund the purchase price for the App Store Software (if that purchase price was paid to Apple on behalf of NCC to Customer; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is NCC’s sole responsibility.
  5. Product Claims. NCC and Customer acknowledge that NCC, not Apple or Android, is responsible for addressing any claims of Customer or any third party relating to the App Store Software or Customer’s possession and/or use of that App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App Store Software’s use of the HealthKit and HomeKit frameworks. This agreement does not limit NCC’s liability to Customer beyond what is permitted by applicable law.
  6. Intellectual Property Rights. NCC and Customer acknowledge that, in the event of any third-party claim that the App Store Software or Customer’s possession and use of that App Store Software infringes that third party’s intellectual property rights, Customer, not Apple or Android, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  7. Legal Compliance. Customer represents and warrants that: (i) he/she/it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties.

 

  1. Developer Name and Address. Company’s name is N-compass Capital LLC, 8 The Green, Dover Delaware, 19901 is NCC Corporation address, and the contact information is [support@excelyourrevenue.com] to which any Customer questions, complaints, or claims with respect to the App Store or Android Store Software should be directed.
  2. Third-Party Terms of Agreement. Customer must comply with applicable third-party terms of use when using the App Store Software (e.g., the App Store Software is a VoIP application, then the Customer must not be in violation of its wireless data service agreement when using the App Store Software).
  3. Third-Party Beneficiary. NCC and Customer acknowledge and agree that Apple and Android, and Apple’s and Android’s subsidiaries, are third-party beneficiaries of this agreement, and that, upon Customer’s acceptance of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against Customer as a third-party beneficiary thereof.
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