Terms of Service

Last Updated: April 4, 2026

Agreement

We are on a mission to make the web faster. We hope you love using xcelera.

These Terms of Service (“Terms”) govern your access to and use of the software, applications, extensions, and other performance monitoring tools we provide through https://xcelera.dev (collectively, the “Services”).

Please read these Terms carefully. By accessing or using any part of our Services, you agree to be bound by these Terms and all other operating rules and policies we may publish (collectively, the “Agreement”). If you do not agree to this Agreement, you may not use our Services.

Note: If you are located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), specific consumer rights apply to you as detailed in the relevant sections below.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

We refer to xcelera, and xcelera.dev collectively as “xcelera,” “us,” or “we” throughout these Terms.

2. Your Use of Our Services and Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create an account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications.

You’re solely responsible and liable for your use of our Services and all activity under your account. You’re also fully responsible for using our Services securely and maintaining the security of your account as well as the security of any physical hardware or connected devices (which, among other things, includes keeping your password secure and your devices and apps up to date).

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the information you provide us, please refer to our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Fees, Payment, and Renewal

a. xcelera Fees

Fees for Paid Services. Some of our Services are offered for a fee, like our Indie and Team plans (collectively, “Paid Services”). This section applies to any purchases of Paid Services.

By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, or usage-based. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, or annually) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the support team.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (”Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.

Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize our Merchant of Record to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize our Merchant of Record charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.

Merchant of Record. Our order process is conducted by our online reseller, Lemon Squeezy. Lemon Squeezy is the Merchant of Record for all our orders. They provide billing-related customer service inquiries and handle the financial processing of returns. All technical support or product-related inquiries should be directed to xcelera via our support form.

Automatic Renewal. By enrolling in a subscription, you authorize our Merchant of Record to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s). The date for the automatic renewal is based on the date of the original purchase and cannot be changed. To avoid being charged for the next billing period, you must cancel at least 24 hours before your next scheduled renewal date.

You can view your renewal date(s), cancel, or manage subscriptions on https://xcelera.dev or by contacting the support team.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final, subject to the termination provisions in Section 9.

European Users:

You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of downloadable content or of a customized nature, and (i) the service has not been fully performed, or (ii) subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.

If you cancel this contract, we will reimburse you all payments we have received from you, without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If we have already begun our services during the withdrawal period, you will pay us a prorated amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.

You may exercise your right to withdrawal by sending a clear, written request using our support form

5. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

6. General Representation and Warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of xcelera or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not be used to crawl, scrape, or otherwise stress-test third-party websites without the explicit permission of the website owner
Will not disclose the personal information of others, including through the auditing of pages containing sensitive or private data that may be captured in screenshots, filmstrips, or performance reports;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

7. Intellectual Property

The Agreement doesn’t transfer any xcelera or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between xcelera and you) solely with xcelera. xcelera, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of xcelera (or our licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any of our intellectual property.

Between you and xcelera, you own all reports, data, and visual captures generated by your use of the Services, provided that xcelera retains a non-exclusive license to store and display such data as necessary to provide the Services to you.

8. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and canceling any subscription you have. For material changes that reduce core functionality, we will endeavor to provide 30 days' notice via email.

9. Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, effective immediately, if we believe you have violated this Agreement or any applicable terms.

We reserve the right to (i) restrict or terminate your access if your usage of our systems is unreasonable, imposes a disproportionately large load on our infrastructure, or interferes with the experience of other users, or (ii) terminate access for any unlawful activity.

In the event of termination by us without cause, we will provide a pro-rata refund of any pre-paid fees for the remainder of your current billing cycle. No refund will be provided if termination is due to your breach of this Agreement or any illegal activity.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

10. Disclaimers

Our Services are provided “as is.” xcelera and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither xcelera, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

11. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of New Zealand, excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the courts located in New Zealand. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

12. Limitation of Liability

In no event will xcelera, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 USD or the fees paid by you to xcelera under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. xcelera shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

If you are acquiring our Services for the purposes of a business, you agree that the New Zealand Consumer Guarantees Act 1993 and Part 3 of the Contract and Commercial Law Act 2017 do not apply to the maximum extent permitted by law.

European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. xcelera isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 USD or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.

13. Indemnification

You agree to indemnify and hold harmless xcelera, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to: (i) your violation of this Agreement or applicable law; (ii) any data, URLs, or content you provide or audit using the Services; and (iii) any claims resulting from the performance audits, reports, or visual captures generated by your use of the Services.

14. Export Control and Economic Sanctions

You agree that our ability to provide the Services is subject to compliance with applicable export controls and economic sanctions. By using the Services, you represent and warrant that you:

(i) Are not located in, or a resident of, any country or territory subject to comprehensive sanctions by the United States or New Zealand; (ii) Are not listed on any prohibited or restricted parties list, including the US OFAC Specially Designated Nationals List or any equivalent New Zealand Government consolidated list; and (iii) Will not use the Services in any manner that would cause xcelera or its third-party providers (including our Merchant of Record) to violate applicable sanctions or export control laws.

We reserve the right to restrict or block your access to the Services immediately and without notice if we determine, in our sole discretion, that your access may violate these laws or create an unacceptable regulatory risk.

15. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between xcelera and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

xcelera may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Portions of these Terms of Service are based on the Legalmattic terms by Automattic, used under a Creative Commons ShareAlike license.