Terms of Service

Effective Date: January 1, 2022

1 Introduction

1.1 These terms and conditions (the "Terms") govern your use of our website, services, and software (the "Services"). Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms.

2 USE OF SERVICES

2.1 Acceptance of Service

2.1.1 Your use of the Services is subject to your acceptance of these Terms of Service and any additional terms and conditions that may apply to specific services offered by MigrateMate.

2.1.2 By accessing or using the Services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you should not use the Services.

2.2 Modification of Service

2.2.1 MigrateMate reserves the right to modify or discontinue the Services at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

2.2.2 We may update these Terms of Service from time to time. We will notify you of any material changes to these Terms of Service by posting a notice on the MigrateMate website or by sending you an email. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service.

2.3 User Obligations

2.3.1 You agree to use the Services only for lawful purposes and in accordance with these Terms of Service.

2.3.2 You are solely responsible for all content that you upload, publish, display, or otherwise make available through the Services, including any data, text, images, or other materials ("Content").

2.3.3 You agree not to use the Services:

(a) In any way that violates any applicable federal, state, local, or international law or regulation;

(b) To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by MigrateMate, may harm MigrateMate or users of the Services or expose them to liability;

(c) To impersonate or attempt to impersonate MigrateMate, a MigrateMate employee, another user, or any other person or entity;

(d) To interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(e) To upload, publish, display, or otherwise make available any Content that is false, misleading, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable;

(f) To infringe or violate the intellectual property rights or other proprietary rights of MigrateMate or any third party;

(g) To upload, publish, display, or otherwise make available any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

2.4 Account Terms

2.4.1 You must be 18 years of age or older to use the Services.

2.4.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device.

2.4.3 You agree to accept responsibility for all activities that occur under your account or password.

2.4.4 If you become aware of any unauthorized use of your account or password, you agree to notify MigrateMate immediately.

2.5 Support Terms

2.5.1 MigrateMate provides support for the Services through our website and email.

2.5.2 We will use commercially reasonable efforts to respond to support requests within a reasonable period of time.

2.5.3 We do not guarantee that we will be able to resolve every issue or question you may have.

2.6 Migration Terms

2.6.1 MigrateMate provides migration services to help you transfer your data from one platform to another.

2.6.2 You acknowledge that the success of the migration depends on various factors beyond MigrateMate's control, including the accuracy and completeness of the data you provide.

2.6.3 You are responsible for verifying that the migrated data is complete and accurate and for taking appropriate action if any discrepancies are identified.

2.6.4 MigrateMate will use commercially reasonable efforts to ensure that the migration is performed in a timely and accurate manner.

2.6.5 MigrateMate is not responsible for any loss or corruption of data during the migration process.

2.6.6 You agree to provide MigrateMate with all necessary access to your data and systems to facilitate the migration.

2.7 Payment and Refund Terms

2.7.1 MigrateMate offers paid subscription plans for certain Services. The fees and charges for these plans are set forth on the MigrateMate website.

2.7.2 You agree to pay all fees and charges associated with your subscription plan in accordance with the payment terms specified on the MigrateMate website.

2.7.3 All fees are non-refundable except as expressly provided in these Terms of Service or as required by applicable law.

2.7.4 If you dispute any charges, you must notify MigrateMate within thirty (30) days of the date of the charge.

2.7.5 MigrateMate reserves the right to suspend or terminate your subscription plan if your payment is overdue or if your credit card information is invalid or expired.

2.7.6 If MigrateMate terminates your subscription plan for any reason other than your breach of these Terms of Service, we will refund any prepaid fees on a pro rata basis for the remaining portion of the subscription period.

3 Intellectual Property

3.1 MigrateMate retains all intellectual property rights in and to the Services, including any software, code, graphics, and user interface.

3.2 You acknowledge that you have no ownership or proprietary interest in the Services or any content made available through the Services, including any data or information obtained through the migration process.

3.3 You agree not to reproduce, modify, distribute, display, or otherwise use any content from the Services without MigrateMate's prior written consent.

3.4 You grant MigrateMate a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit any data or information you provide to MigrateMate in connection with the Services.

3.5 If you believe that any content on the Services infringes your intellectual property rights, please notify MigrateMate immediately and provide sufficient information to allow us to investigate the alleged infringement. MigrateMate will take appropriate action to remove any infringing content.

4 Privacy & Data

4.1 MigrateMate respects your privacy and is committed to protecting your personal data. Please review our Privacy Policy for information about how we collect, use, and disclose information about you.

4.2 By using the Services, you consent to our collection, use, and disclosure of information about you as described in our Privacy Policy.

4.3 You acknowledge and agree that MigrateMate may process personal data on your behalf as necessary to provide the Services and that you are the data controller and MigrateMate is the data processor as defined under applicable data protection laws.

4.4 You represent and warrant that you have obtained all necessary consents and provided all necessary disclosures to enable MigrateMate to lawfully process personal data on your behalf in connection with the Services.

4.5 MigrateMate will use commercially reasonable efforts to ensure that it processes personal data in accordance with applicable data protection laws.

4.6 MigrateMate will maintain appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

4.7 MigrateMate will promptly notify you in writing if it receives a request from a data subject to exercise any of their rights under applicable data protection laws or if it receives a complaint, notice, or communication from a supervisory authority relating to the processing of personal data.

4.8 Upon termination or expiration of these Terms of Service, MigrateMate will promptly return or delete all personal data in its possession or control, unless required by applicable law to retain it.

4.9 You acknowledge that MigrateMate may engage sub-processors to assist in providing the Services, provided that MigrateMate enters into a written agreement with such sub-processors that imposes on them data protection obligations that are no less protective than those imposed on MigrateMate under these Terms of Service.

4.10 You agree to indemnify and hold harmless MigrateMate and its officers, directors, employees, and agents from and against any claims, actions, suits, or proceedings brought by any third party arising out of or related to your collection, use, or disclosure of personal data in connection with the Services.

5 Disclaimer of Warranties

5.1 MigrateMate provides the Services on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

5.2 MigrateMate does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

5.3 MigrateMate does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

5.4 MigrateMate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.5 MigrateMate makes no representations or warranties about the quality, reliability, suitability, completeness, usefulness, or accuracy of the Services or the content on the Services.

5.6 You acknowledge that you have not relied on any representations or warranties by MigrateMate in deciding to use the Services.

5.7 MigrateMate makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

5.8 Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

5.9 No advice or information, whether oral or written, obtained by you from MigrateMate or through or from the Services shall create any warranty not expressly stated in these Terms of Service.

5.10 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, MigrateMate's liability shall be limited to the maximum extent permitted by law.

6 Limitation of Liability

6.1 To the maximum extent permitted by applicable law, MigrateMate and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Services or these Terms of Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if MigrateMate has been advised of the possibility of such damages.

6.2 In no event shall the total liability of MigrateMate and its affiliates, officers, employees, agents, partners, and licensors, to you or any third party, arising out of or in connection with your use of the Services or these Terms of Service, exceed the amount you have paid to MigrateMate in the twelve (12) months immediately preceding the event giving rise to the liability.

6.3 The limitations of liability set forth in this section shall apply to the fullest extent permitted by applicable law.

6.4 Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, MigrateMate's liability shall be limited to the maximum extent permitted by law.

7 Changes to these Terms

7.1 MigrateMate reserves the right to modify or update these Terms of Service at any time and without prior notice to you.

7.2 Any changes or modifications will be effective immediately upon posting the revised Terms of Service on the MigrateMate website.

7.3 You are responsible for regularly reviewing these Terms of Service to ensure that you are aware of any changes or modifications.

7.4 Your continued use of the Services after any changes or modifications to these Terms of Service constitutes your acceptance of such changes or modifications.

7.5 If you do not agree to any changes or modifications to these Terms of Service, your sole remedy is to terminate your use of the Services.