Legal

Terms of Service

Effective date: 2026-06-14. These terms govern access to XMigrate websites, services, documentation, portals, and hosted offerings.

1. Acceptance of Terms

By accessing or using XMigrate websites, portals, hosted services, support channels, documentation, downloads, or related offerings, you agree to these Terms of Service. If you use the services on behalf of an organization, you represent that you have authority to bind that organization.

2. Services

XMigrate provides software, cloud migration, backup, disaster recovery, support, documentation, and related services. Specific subscriptions, deliverables, features, service levels, and fees may be described in an order form, statement of work, product plan, or separate written agreement.

3. Accounts and Security

You are responsible for maintaining accurate account information, protecting credentials, limiting access to authorized users, and all activity under your accounts. You must promptly notify XMigrate of suspected unauthorized access or security incidents involving the services.

4. Acceptable Use

  • Use the services only for lawful business purposes.
  • Do not attempt unauthorized access, probing, scanning, or disruption of XMigrate or third-party systems.
  • Do not upload malware, abusive content, illegal content, or data you lack authority to process.
  • Do not use the services to infringe intellectual property, privacy, security, or other rights.

5. Customer Data and Responsibilities

You retain ownership of customer data. You grant XMigrate limited rights to host, transmit, process, secure, troubleshoot, and support customer data as needed to provide the services. You are responsible for data accuracy, permissions, legal basis, retention, backup validation, restore testing, and compliance with laws that apply to your data and systems.

6. Fees, Taxes, and Payment

Fees, billing terms, renewal terms, and taxes are as stated in the applicable order or invoice. Unless otherwise stated, fees are non-refundable except where required by law or expressly agreed in writing. Late payments may result in suspension or termination of services.

7. Third-Party Services

XMigrate services may interoperate with cloud providers, storage systems, identity providers, payment processors, analytics tools, and other third-party services. Your use of third-party services is governed by their terms, and XMigrate is not responsible for third-party services outside its control.

8. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect confidential information and will use it only for purposes related to the services, except where disclosure is required by law or permitted by the disclosing party.

9. Intellectual Property

XMigrate retains all rights in its software, websites, documentation, designs, workflows, trademarks, and services. You retain rights in customer data. No rights are granted except as expressly stated in these terms or another written agreement.

10. Beta and Evaluation Features

Beta, preview, trial, or evaluation features may be incomplete, unsupported, subject to change, and provided without warranties or service-level commitments. You should not use beta features for production workloads unless XMigrate expressly authorizes that use.

11. Disclaimers

Except as expressly agreed in writing, the services are provided as is and as available. XMigrate disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free performance to the maximum extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, XMigrate will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or replacement services. XMigrate aggregate liability will not exceed the amounts paid for the relevant service during the twelve months before the claim.

13. Suspension and Termination

XMigrate may suspend or terminate access for non-payment, breach, security risk, legal requirement, or misuse. Upon termination, your right to use the affected services ends, but provisions intended to survive will remain in effect.

14. Changes to Terms

XMigrate may update these terms from time to time. Material changes will be posted with a new effective date. Continued use of the services after updated terms become effective constitutes acceptance of the updated terms.

15. Contact

For legal questions, contact [email protected].