Terms of Service

1. Acceptance of Terms

By accessing or using Xcape Valuate (the "Service"), a product of XcapeSuite, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and XcapeSuite.

2. Description of Service

Xcape Valuate provides web-based tools for calculating and documenting the fair market value of assets for the purpose of U.S. expatriation compliance, including IRS Form 8854 Section C reporting. The Service includes asset valuation tools, foreign exchange rate integration, document management, expert review workflows, and report generation.

3. Accounts

To use the Service, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

4. Payments and Billing

The Service is offered at a subscription price of $199 per month, billed monthly. By subscribing, you agree to the following:

• You authorize us to charge your designated payment method on a recurring monthly basis
• Subscription fees are non-refundable except as required by applicable law
• You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period
• We reserve the right to change pricing with 30 days' advance notice
• Failure to pay may result in suspension or termination of your access to the Service

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to store or transmit malicious code
• Interfere with or disrupt the integrity or performance of the Service
• Share account credentials with unauthorized third parties

6. Intellectual Property

The Service, including its design, features, code, documentation, and all related intellectual property, is owned by XcapeSuite and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during the term of your subscription. You retain ownership of any data and documents you upload to the Service.

7. Disclaimers

• The valuations generated by the Service are tools to assist in your own documentation process. They do not constitute professional appraisals or certified valuations.
• You should consult with qualified legal, tax, and appraisal professionals for advice specific to your situation.
• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

8. Limitation of Liability

To the maximum extent permitted by applicable law, XcapeSuite and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Service, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from the Service shall not exceed the amount you paid to us in the twelve months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless XcapeSuite and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of another party.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and the parties consent to personal jurisdiction and venue therein.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

12. Termination

Either party may terminate this agreement at any time. You may terminate by canceling your subscription and ceasing to use the Service. We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease. We will make your data available for export for 30 days following termination.

13. Contact Us

If you have questions about these Terms of Service, please contact us at legal@xcapesuite.com.