Welcome to the MigrateX website (the “Website”). These Website Terms of Use (“Terms”) are a legally binding agreement between you (“you” or “your”) and MigrateX Inc., a Delaware corporation (“MigrateX,” “we,” “our,” or “us”). By accessing or using the Website you agree to be bound by these Terms. If you do not agree, do not use the Website.
1. Scope and Related Documents
These Terms govern your access to and use of the Website. Use of the MigrateX data-migration platform (the “Services”) is governed by a separate Service Agreement. Our Data Processing Addendum and Privacy Policy are incorporated by reference into these Terms to the extent applicable.
2. Changes to These Terms
We may update these Terms at any time by posting a revised version on the Website. Changes are effective upon posting. Your continued use of the Website after any changes constitutes acceptance of the updated Terms. We encourage you to review this page periodically.
3. Eligibility and Account Security
3.1 Eligibility
The Website is intended for organizational use. You must be at least 18 years of age to use the Website. The Website is not directed at children under 13 years of age, and we do not knowingly collect personal information from children under 13.
3.2 Account Security
If you create an account on the Website, you are responsible for maintaining the confidentiality of your account credentials. You agree to notify MigrateX immediately of any unauthorized access to or use of your account. MigrateX is not liable for any loss arising from unauthorized use of your account.
4. Acceptable Use
You agree not to use the Website to:
- Violate any applicable law, regulation, or third-party rights;
- Conduct vulnerability scanning, penetration testing, or load testing without prior written consent;
- Interfere with or disrupt the Website, its servers, or connected networks;
- Upload, transmit, or distribute malware, viruses, or other harmful code;
- Scrape, crawl, or index the Website by automated means (except publicly available search engine indexing);
- Misrepresent your identity or affiliation with any person or entity.
5. Intellectual Property
All content on the Website, including text, graphics, logos, images, software, and documentation, is the property of MigrateX or its licensors and is protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, MigrateX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your internal business purposes.
6. Privacy
Our collection and use of personal information in connection with the Website is described in our Privacy Policy. By using the Website, you acknowledge that you have read and understood the Privacy Policy.
7. Third-Party Links and Dependencies
The Website may contain links to third-party websites or services. These links are provided for your convenience only. MigrateX does not endorse or assume responsibility for any third-party content, products, or services. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.
8. Data Retention
Information collected through the Website (including contact form submissions, consultation requests, and analytics data) is retained in accordance with our Privacy Policy. If you request deletion of your personal data, we will process your request in accordance with applicable law. For data retention related to the migration Services, see our Service Agreement and Data Processing Addendum.
9. Disclaimers
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MIGRATEX DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WEBSITE PERFORMANCE MAY DEPEND ON THIRD-PARTY NETWORKS, PLATFORMS, AND SERVICES OUTSIDE OF MIGRATEX’S CONTROL.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIGRATEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY. MIGRATEX’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MIGRATEX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
11. Indemnification
You agree to indemnify, defend, and hold harmless MigrateX and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your violation of these Terms, or your violation of any third-party rights.
12. Governing Law; Venue; Time to File
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the State of Delaware. Any claim arising out of or relating to these Terms must be filed within one (1) year after the cause of action accrues, or the claim is permanently barred.
13. Suspension; Termination
MigrateX may suspend or terminate your access to the Website at any time, with or without cause, and with or without notice. Upon termination, your right to use the Website ceases immediately. Sections that by their nature should survive termination (including, without limitation, Sections 5, 9, 10, 11, and 12) shall survive.
14. Notices
MigrateX may provide notices to you via the Website or by email to the address associated with your account. You may send legal notices to MigrateX at legal@migratex.com or by mail to: 8 The Green, STE R, Dover, DE 19901, USA.
15. Force Majeure
MigrateX shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power failures, internet disturbances, or failures of third-party services.
16. Miscellaneous
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MigrateX with respect to your use of the Website. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. MigrateX’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision. You may not assign your rights or obligations under these Terms without MigrateX’s prior written consent. MigrateX may assign its rights and obligations without restriction. Neither party shall use the other party’s name, logo, or trademarks for publicity purposes without prior written consent.