Terms of Service

1. Acceptance of Terms

By accessing or using MigroStack's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you (either an individual or the entity you represent) and MigroStack, Inc. ("MigroStack," "we," "us," or "our").

2. Service Description

MigroStack provides enterprise cloud migration services, including but not limited to:

• SharePoint Migration: Document library, site, list, and content migration
• OneDrive Migration: Personal and business file migration
• Microsoft Teams Migration: Teams, channels, chats, and files migration
• Mailbox Migration: Email, calendar, contacts, and archive mailbox migration
• File Share Migration: SMB, NAS, and network drive migration
• Azure VM Migration: Virtual machine migration between Azure subscriptions and clouds
• Slack Migration: Workspace migration to Microsoft Teams or other platforms
• Remote Agent Services: On-premises agent deployment for accelerated migrations

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to customers.

3. User Accounts and Registration

3.1 Account Creation

To use MigroStack services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

• You must use a strong password and enable multi-factor authentication (MFA)
• You must notify us immediately of any unauthorized access or security breach
• You are solely responsible for all activities conducted through your account
• Sharing account credentials is strictly prohibited

3.3 Organizational Accounts

If you create an account on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Subscription Plans and Billing

4.1 Subscription Tiers

MigroStack offers various subscription plans with different features and usage limits. Current plans include:

• Starter Plan: For small migrations and testing
• Professional Plan: For medium-sized organizations
• Business Plan: For large enterprises with advanced needs
• Enterprise Plan: For organizations requiring custom solutions and dedicated support

4.2 Free Trial

We offer a 14-day free trial for all plans. No credit card is required to start your trial. The trial provides full access to features included in the selected plan. After the trial period, you must subscribe to a paid plan to continue using the service.

4.3 Billing and Payment

• Billing Cycle: Subscriptions are billed monthly or annually based on your selection
• Payment Methods: We accept major credit cards and electronic payment methods through our payment processor (Stripe)
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless canceled
• Price Changes: We reserve the right to change pricing with 30 days' notice to existing customers
• Annual Billing Discount: Save up to 20% with annual billing

4.4 Refunds

Refunds are handled on a case-by-case basis. Generally, we do not provide refunds for partial months or unused portions of annual subscriptions. However, if you are dissatisfied with our service, please contact our support team to discuss options.

4.5 Late Payment and Suspension

Failure to pay fees when due may result in suspension or termination of your account. We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5. Data Protection and Privacy

5.1 Data Handling

• Encryption: All data is encrypted in transit using TLS 1.3 and at rest using AES-256 encryption
• No Permanent Storage: Migration data is processed ephemerally and automatically purged after migration completion
• Access Controls: Strict access controls ensure only authorized personnel can access systems (never customer data)
• Audit Trails: Comprehensive logging of all data access and processing activities

5.2 Your Data Ownership

You retain all rights, title, and interest in and to your data. We claim no ownership rights over any data you upload or migrate using our services. Our role is solely as a data processor acting on your instructions.

5.3 Data Processing Agreement

For customers subject to GDPR or other data protection regulations, we provide a Data Processing Agreement (DPA) that outlines our responsibilities as a data processor. Contact us to execute a DPA.

5.4 Privacy Policy

Our Privacy Policy, available at /privacy.html, describes how we collect, use, and protect your personal information.

6. Acceptable Use Policy

You agree not to use MigroStack services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our services
• Use our services to send spam, phishing attempts, or unsolicited communications
• Reverse engineer, decompile, or disassemble any aspect of our services
• Use our services in any way that could damage, disable, or impair our infrastructure
• Resell, sublicense, or transfer your access to our services without our written consent
• Use automated scripts or bots to access our services without authorization
• Migrate data you do not have legal rights to access or transfer

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

7. Intellectual Property

7.1 MigroStack Intellectual Property

All rights, title, and interest in and to MigroStack's services, including but not limited to software, technology, trademarks, logos, and documentation, are and remain the exclusive property of MigroStack. These Terms do not grant you any ownership rights to our intellectual property.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes during the term of your subscription.

7.3 Feedback

If you provide us with any feedback, suggestions, or recommendations regarding our services, we may use such feedback without any obligation to you, including for product improvements or new features.

8. Service Level Agreement

8.1 Uptime Commitment

We strive to maintain 99.9% uptime for our services, excluding scheduled maintenance windows. Uptime is calculated monthly and excludes:

• Scheduled maintenance (announced at least 24 hours in advance)
• Downtime caused by factors outside our control (e.g., third-party service providers, internet connectivity issues)
• Issues caused by customer misconfigurations or violations of these Terms

8.2 Service Credits

If we fail to meet our 99.9% uptime commitment, you may be eligible for service credits based on the severity of the outage. Credits are calculated as a percentage of your monthly subscription fee and are your sole remedy for service availability issues.

8.3 Support

• Starter Plan: Email support with 48-hour response time
• Professional Plan: Email and chat support with 24-hour response time
• Business Plan: Priority email, chat, and phone support with 4-hour response time
• Enterprise Plan: 24/7 dedicated support with 1-hour response time and dedicated success manager

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our services will perform substantially in accordance with our documentation and that we will use commercially reasonable efforts to ensure the security and availability of our services.

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• Our services will be uninterrupted, error-free, or completely secure
• The results obtained from using our services will be accurate or reliable
• Any errors or defects in our services will be corrected
• Migration will be 100% complete or error-free (though we strive for this goal)

9.3 Third-Party Services

Our services integrate with third-party platforms (Microsoft 365, Azure, AWS, Google Cloud, etc.). We are not responsible for the availability, performance, or policies of these third-party services. You are responsible for complying with the terms of service of any third-party platforms you connect to MigroStack.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.1 Exclusion of Consequential Damages

IN NO EVENT SHALL MIGROSTACK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our services
• Any conduct or content of any third party on our services
• Unauthorized access, use, or alteration of your data or content
• Data loss or corruption during migration

10.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO MIGROSTACK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

10.3 Exceptions

The limitations in this section do not apply to:

• Our obligations under our Data Processing Agreement
• Liability for gross negligence or willful misconduct
• Liability that cannot be excluded or limited by applicable law

10.4 Customer Responsibilities

You are solely responsible for:

• Backing up your data before initiating any migration
• Verifying migration results and data integrity
• Testing migrations in a non-production environment before production use
• Ensuring you have proper authorization to migrate data
• Complying with applicable laws and regulations

11. Indemnification

You agree to indemnify, defend, and hold harmless MigroStack, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your data or content uploaded to or migrated through our services
• Any unauthorized use of your account

12. Term and Termination

12.1 Term

These Terms commence when you first access our services and continue until terminated by either party.

12.2 Termination by You

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will be effective at the end of your current billing period.

12.3 Termination by Us

We may suspend or terminate your access to our services immediately without notice if:

• You violate these Terms or our Acceptable Use Policy
• Your account is used for illegal activities
• Your payment method fails or your account becomes delinquent
• We are required to do so by law or regulatory authority
• Continued provision of services poses a security risk

12.4 Effect of Termination

Upon termination:

• Your right to access and use our services immediately ceases
• We will delete your account data within 30 days, except as required by law or for legitimate business purposes
• Any outstanding fees become immediately due and payable
• Sections of these Terms that by their nature should survive termination will survive (including Sections 5, 7, 9, 10, 11, and 13)

12.5 Data Retrieval

Upon termination, you have 30 days to export any data from your account. After 30 days, we will permanently delete your data in accordance with our data retention policies.

13. General Provisions

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, conducted in Delaware. Judgment on the arbitration award may be entered in any court having jurisdiction.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13.4 Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through our services at least 30 days before the changes take effect. Your continued use of our services after the effective date constitutes acceptance of the modified Terms.

13.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

13.6 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.7 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.8 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on our services, constitute the entire agreement between you and MigroStack regarding our services and supersede all prior agreements and understandings.

13.9 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13.10 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

13.11 U.S. Government Rights

If you are a U.S. government entity, our services are "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. Use by the U.S. government is subject to these Terms.

14. Contact Information

If you have any questions about these Terms, please contact us: