Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at excaliant.com (the "Site") operated by Excaliant ("Excaliant," "we," "our," or "us"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Acceptance of Terms

By accessing the Site, you confirm that you are at least 16 years old and have the legal capacity to enter into these Terms. Your use of the Site constitutes acceptance of these Terms and our Privacy Policy. If you are using the Site on behalf of a business, you warrant that you are authorized to accept these Terms on that business's behalf.

2. Description of Services

The Site provides information about Excaliant's IT consulting, managed services, cloud infrastructure, cybersecurity, digital transformation, data analytics, and DevOps services. The Site also includes a contact form for requesting consultations. Specific service engagements are governed by separate written agreements between Excaliant and the client. These Terms apply only to use of the Site itself.

3. Permitted Use

You may use the Site for lawful purposes only. You agree not to:

• Use the Site in any way that violates applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to any portion of the Site, its servers, or any systems or networks connected to the Site.
• Use automated tools (bots, scrapers, crawlers) to access or collect content from the Site without our prior written consent.
• Introduce viruses, malware, or other harmful material to the Site or its users.
• Impersonate or attempt to impersonate Excaliant, an Excaliant employee, or any other person or entity.
• Interfere with or disrupt the Site or servers connected to the Site.
• Use the Site to send unsolicited communications (spam) or promotional material.
• Reverse engineer, decompile, or disassemble any portion of the Site.
• Collect or harvest personal information of other users without their consent.

4. Intellectual Property

The Site and its entire contents, features, and functionality—including but not limited to text, graphics, logos, icons, images, audio, video, software, and the design, selection, and arrangement thereof—are owned by Excaliant, its licensors, or other providers and are protected by United Kingdom and international copyright, trademark, patent, and other intellectual property laws.

Trademarks. "Excaliant," the Excaliant logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Excaliant or its affiliates. You may not use such marks without prior written permission.

Limited license. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include the right to reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Site.

5. User Submissions

When you submit information through our contact form or other communication channels, you grant Excaliant a non-exclusive, worldwide, royalty-free license to use, process, and store that information for the purpose of responding to your inquiry and providing our services.

You represent that any information you submit is accurate, complete, and not misleading. You are solely responsible for the content of your submissions. We reserve the right to refuse or remove submissions that we reasonably determine to be inappropriate, fraudulent, or in violation of these Terms.

6. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Excaliant. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that Excaliant shall not be responsible or liable for any damage or loss caused by your use of any third-party content or services.

7. Disclaimer of Warranties

This section affects your legal rights. Please read it carefully.

The Site is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Site will be accurate or reliable; or (c) any defects in the Site will be corrected. Your use of the Site is at your sole risk.

8. Limitation of Liability

This section affects your legal rights. Please read it carefully.

To the maximum extent permitted by applicable law, Excaliant, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of or inability to use the Site, 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.

In no event shall Excaliant's total aggregate liability to you for all claims arising from your use of the Site exceed one hundred U.S. dollars ($100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Excaliant, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including any use of the Site's content other than as expressly authorized in these Terms.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site, you consent to the data practices described in the Privacy Policy. Our Cookie Policy provides additional detail on how we use cookies and similar technologies.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or your use of the Site shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration under the rules of the London Court of International Arbitration (LCIA). The arbitration shall take place in London, England, and the language of arbitration shall be English.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Excaliant each waive the right to a jury trial.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top. Your continued use of the Site after any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

13. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site ceases immediately. All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Excaliant regarding your use of the Site, superseding all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

16. Contact Information

If you have questions about these Terms, contact us: