Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Extreme XL ("Company," "we," "our," or "us") regarding your use of the ExtremeXL.com website and Extreme XL Tools software products (collectively, the "Services").

By accessing our website, purchasing our products, or using our software, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Description of Services

2.1 Extreme XL Tools Software

Extreme XL provides Extreme XL Tools, a software add-in for Microsoft Excel, available in two editions:

• Standard Edition: Excel productivity tools including one-click formatting, table management, professional document preparation, and general Excel automation features
• BC Edition: All Standard Edition features plus Microsoft Dynamics 365 Business Central integration tools

2.2 Consulting Services

We also provide custom Excel programming and Business Central consulting services as separately contracted professional services.

3. License Grant and Restrictions

3.1 License Types

Excel Crusher software is offered under three license models:

A. One-Time Purchase (Perpetual License):

• Grants you a non-exclusive, non-transferable, perpetual license to use the software
• Valid for the lifetime of the software on the number of devices specified at purchase
• Includes free software updates for one year from purchase date
• Technical support included for one year from purchase date
• After one year, continued updates and support require separate maintenance subscription

B. Annual Subscription:

• Grants you a non-exclusive, non-transferable license to use the software for the subscription period
• Automatically renews annually unless canceled before renewal date
• Includes all software updates and technical support during active subscription
• Access terminates immediately upon subscription expiration or cancellation

C. Monthly Subscription:

• Grants you a non-exclusive, non-transferable license to use the software for the subscription period
• Automatically renews monthly unless canceled before renewal date
• Includes all software updates and technical support during active subscription
• Access terminates immediately upon subscription expiration or cancellation

3.2 Permitted Use

Subject to your compliance with these Terms and payment of applicable fees, you may:

• Install and use the software on the number of devices specified in your license
• Use the software for your internal business or personal purposes
• Make one backup copy of the software for archival purposes

3.3 License Restrictions

You may NOT:

• Modify, adapt, translate, reverse engineer, decompile, or disassemble the software
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Rent, lease, lend, sell, sublicense, or transfer the software to any third party
• Use the software to provide services to third parties (service bureau use)
• Share your license key or credentials with others
• Bypass or circumvent license validation or activation mechanisms
• Use the software in any way that violates applicable laws or regulations
• Use the software to create competing products or services

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

4.2 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You provide false or misleading information
• Your payment method fails or is declined
• We reasonably believe your account has been compromised
• You engage in fraudulent or abusive behavior

5. Pricing and Payment

5.1 Pricing

Current pricing for Extreme XL Tools is displayed on our website. We reserve the right to change prices at any time, but price changes will not affect existing subscriptions or one-time purchases already made.

Launch Pricing Special: Early adopter pricing is locked in forever for the first 1,000 customers who purchase during our launch period. After reaching 1,000 customers, regular pricing applies to new purchases.

5.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you:

• Authorize us to charge your payment method for all fees and charges
• Represent that you are authorized to use the payment method provided
• Agree to pay all fees in U.S. Dollars
• Agree that all fees are non-refundable except as specified in our Refund Policy

5.3 Subscription Renewals

Monthly and annual subscriptions automatically renew unless you cancel before the renewal date. You will be charged the then-current subscription price (your launch pricing if applicable) at each renewal.

5.4 Failed Payments

If a subscription payment fails:

• We will attempt to charge your payment method up to 3 times over 10 days
• You will receive email notifications about failed payment attempts
• If payment ultimately fails, your subscription will be canceled and access terminated
• You are responsible for updating payment information to avoid service interruption

6. Refund Policy

We offer a 30-day money-back guarantee. Please see our complete Refund Policy for detailed terms and conditions.

7. Software Updates and Support

7.1 Updates

We may provide software updates, upgrades, patches, and new releases at our discretion. Updates may include:

• Bug fixes and security patches
• Performance improvements
• New features and enhancements
• Changes to existing functionality

Active subscription holders receive all updates automatically. One-time license holders receive updates for one year from purchase, after which continued updates require maintenance subscription.

7.2 Technical Support

Technical support is provided via:

• Email support at [email protected]
• Online help documentation at extremexl.com/help
• Troubleshooting guides and FAQs

Support is available during business hours (Eastern Time) with typical response times of 24-48 hours. We do not guarantee immediate responses or specific resolution times.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services, including the Extreme XL Tools software, website, documentation, logos, and all related intellectual property, are owned by Extreme XL and protected by copyright, trademark, and other intellectual property laws.

Your license to use the software does not grant you any ownership rights or intellectual property rights to the software itself.

8.2 Your Content

You retain all rights to data, files, and content you create or process using the software. We do not claim ownership of your Excel files, Business Central data, or any content you generate.

8.3 Third-Party Trademarks

Microsoft, Excel, Dynamics 365, and Business Central are trademarks of Microsoft Corporation. We are not affiliated with, endorsed by, or sponsored by Microsoft Corporation.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• QUIET ENJOYMENT

WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, error-free, or completely secure
• The software will meet your specific requirements or expectations
• Any errors or defects will be corrected
• The software will be compatible with all systems or configurations
• The software will not cause data loss or corruption (always maintain backups)

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXTREME XL BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• BUSINESS INTERRUPTION OR LOST BUSINESS OPPORTUNITIES
• DAMAGE TO OR LOSS OF DATA
• COST OF SUBSTITUTE SERVICES

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitation of certain warranties or damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Extreme XL and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws or regulations
• Any content you submit or process through the Services

12. Termination

12.1 Termination by You

You may terminate your account and subscription at any time by:

• Canceling through your Stripe billing portal
• Contacting us at [email protected]
• Ceasing to use the Services

Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods except as specified in our Refund Policy.

12.2 Termination by Us

We may terminate or suspend your access immediately, without notice, if:

• You breach these Terms
• Your payment fails and is not resolved
• We reasonably believe termination is necessary to protect our rights or interests
• You engage in fraudulent, abusive, or illegal activities

12.3 Effect of Termination

Upon termination:

• Your license to use the software immediately terminates
• You must cease all use of the software and delete all copies
• Your access to help resources and support ends
• We may delete your account data after a reasonable period
• Sections of these Terms that by their nature should survive termination will continue to apply

13. Modifications to Services and Terms

13.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance.

13.2 Terms Modifications

We may update these Terms from time to time. Material changes will be communicated via:

• Email notification to registered users
• Prominent notice on our website
• Updated "Last Updated" date at the top of this document

Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes amicably.

14.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Delaware County, Ohio, and you consent to the personal jurisdiction of such courts.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Extreme XL regarding the Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes, labor disputes, or interruptions in internet services.

15.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country.

16. Contact Information

For questions about these Terms or any aspect of our Services, please contact us:

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Acknowledgment: By using our website, purchasing our products, or using our software, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.