TERMS & CONDITIONS
Welcome to GoExceed
These terms and conditions outline the rules and regulations for the use of GoExceed’s website. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use GoExceed’s website if you do not accept all of the terms and conditions stated on this page.
GoExceed is located at:
655 W. Grand Ave., Building 170 | Elmhurst, Illinois 60102
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. License Grant
1.1 Subscription License
GoExceed grants you a non-exclusive, non-transferable, revocable license to access and use Solve(X) during the subscription term solely for your internal business purposes, subject to your payment of applicable fees.
1.2 Restrictions
You may not:
- Reverse engineer, decompile, or disassemble the software.
- Use the platform to process unlawful or infringing data.
- Share access credentials with unauthorized parties.
2. Fees and Payment
2.1 Subscription Fees
All fees are detailed in the reseller’s quote provided to you. Fees are non-refundable except as required by law.
2.2 Taxes
You are responsible for all taxes and duties associated with your use of Solve(X).
3. Term and Termination
3.1 Term
This Agreement begins upon acceptance and remains in effect for the subscription period specified in the quote or order.
3.2 Termination for Cause
We may terminate your license if you violate these terms.
3.3 Effect of Termination
Upon termination, your access to Solve(X) will be revoked. You must cease using the platform and destroy any related documentation.
4. Confidentiality
You agree to maintain the confidentiality of any non-public information related to Solve(X) or GoExceed and not disclose it to any third party without our prior written consent.
5. Data Privacy and Security
5.1 Data Ownership
You retain ownership of all data you input into the Solve(X) platform.
5.2 Data Use
We may process your data only as necessary to provide the services and as described in our Privacy Policy.
5.3 Security
We implement industry-standard measures to protect your data.
6. Warranties and Disclaimers
6.1 No Warranty
Solve(X) is provided “as is” and “as available.” GoExceed disclaims all warranties, express or implied, including but not limited to fitness for a particular purpose, accuracy, and non-infringement.
6.2 Limitation of Liability
To the extent permitted by law, GoExceed’s total liability for all claims is limited to the amount paid for your subscription in the 12 months preceding the incident.
7. Support and Service Levels
7.1 Support
Solve(X) includes access to 24/7 customer support via support@goexceed.com.
7.2 Uptime Commitment
We strive for 99.9% uptime for the platform, excluding scheduled maintenance or events beyond our control.
8. General Provisions
8.1 Governing Law
This Agreement is governed by the laws of the State of Illinois, USA, without regard to conflict of laws principles.
8.2 Assignment
You may not assign this Agreement without our prior written consent.
8.3 Entire Agreement
This Agreement constitutes the entire understanding between you and GoExceed regarding Solve(X).
Schedule Two: General Terms and Conditions
1. Access and Use
- Provision of Access: GoExceed grants you access to the Services for internal business purposes during the term.
- Documentation License: GoExceed grants a non-exclusive license to use related manuals for internal purposes.
- Use Restrictions: You may not:
- Modify, copy, or create derivative works of the Services.
- Reverse engineer, disassemble, or decompile the software.
- Use the Services in violation of any laws or intellectual property rights.
- Suspension: GoExceed may suspend your access under specific conditions (e.g., security risks, unpaid fees).
- Aggregated Statistics: GoExceed may use anonymized and aggregated data for analysis and improvement.
2. Intellectual Property
- Provider IP: GoExceed retains all rights to the Services and related intellectual property.
- Feedback: Any feedback provided to GoExceed may be used without obligation.
3. Default and Remedies
Default events (e.g., non-payment) may result in termination with notice.
4. Independent Contractor
GoExceed operates as an independent contractor.
5. Payment
Fees must be paid within 30 days of invoice issuance. Late payments may result in service suspension.
6. Notices
Notices must be sent in writing, either by mail, courier, or email.
7. Dispute Resolution
Disputes will first be escalated internally before resorting to litigation, which must occur in DuPage County, Illinois.
8. Indemnity
Each party agrees to indemnify the other for claims resulting from negligence or willful misconduct.
9. Limitation of Liability
Neither party will be liable for special, incidental, or consequential damages. GoExceed’s liability is capped at the lesser of six months’ fees or $5,000.
10. Backup Responsibility
You are responsible for data backup unless negligence by GoExceed occurs.
11. Warranties
GoExceed warrants competent performance of services but disclaims all other warranties.
12. Force Majeure
Neither party is liable for delays caused by events beyond their control, including pandemics.
13. Confidentiality
Both parties must maintain confidentiality regarding sensitive information.
14. Assignment
You may not transfer rights or delegate obligations without prior written consent.
15. Amendment
Amendments must be in writing and signed by both parties.
16. Compliance with Laws
Both parties will comply with all applicable laws, including anti-corruption and export controls.
17. Severability
Invalid provisions will not affect the validity of the remaining terms.
Schedule Three: Client Support SLAs
- Standard Support: 7 a.m. – 7 p.m. CST, Monday – Friday (excluding holidays).
- After-Hours Support: 24/7 with a 4-hour response time.
- Processing Times: Requests received before 5 p.m. CST will be processed the same day. Requests after this time will be processed the next business day.
- Voicemail Response: Within one business hour during standard hours.
- Holiday Schedule: Support unavailable on company holidays.
GoExceed is not responsible for troubleshooting internal IT infrastructure.
