Terms of Service

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website.
• Remove any copyright or other proprietary notations from any materials and software on this website.
• Transfer the materials to another person or mirror the materials on any other server.
• Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Migrationpro LLC provides.
• Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material.
• Use this website or its associated services in violation of any applicable laws or regulations.
• Use this website in conjunction with sending unauthorized advertising or spam.
• Harvest, collect, or gather user data without the user's consent.
• Use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

This section covers the products, services, and technologies (collectively referred to as the "Products") provided by Migrationpro LLC under any ongoing agreement. It is designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

Migrationpro LLC customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

2.1 Fair Use

We provide our facilities with the assumption your use will be "business as usual," as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users ("end-users") to likewise engage our Products with similar intent.

2.2 Customer Accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer's permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer's failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

2.3 Prohibited Activity

Copyright Infringement and Access to Unauthorized Material: Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but is not limited to:

• Any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization.
• Any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and Unauthorized Message Activity: Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of applicable laws ("spam"). This includes but is not limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists. All messaging lists run on or hosted by our Products must be "confirmed opt-in."

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

Unethical, Exploitative, and Malicious Activity: Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but is not limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource.

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

• Obtaining (or attempting to obtain) services from us with the intent to avoid payment.
• Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment.
• The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device.
• Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals.
• Publishing or transmitting any content or links that incite violence, depict a violent act, depict child pornography, or threaten anyone's health and safety.
• Any act or omission in violation of consumer protection laws and regulations.
• Any violation of a person's privacy.

Our Products may not be used by any person or entity which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles.

2.4 Unauthorized Use of Migrationpro LLC Property

We prohibit the impersonation of Migrationpro LLC, the representation of a significant business relationship with Migrationpro LLC, or ownership of any Migrationpro LLC property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

2.5 Acceptable Use Policy Amendments

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand. We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of: the date the customer uses our Products after we publish the revised version on our website, or 30 days after we publish the revised version on our website.

3.1 Service Description

Migrationpro provides automated and assisted data migration services between e-commerce platforms. The migration service includes transferring data entities (such as products, customers, orders, and other supported data types) from a source store to a target Shopify store.

3.2 Customer Obligations

To enable successful migration, you agree to:

• Provide accurate and complete source and target store credentials as required.
• Ensure that your source and target stores are accessible and operational during the migration process.
• Maintain valid permissions (FTP/cPanel/Admin account/API) for both source and target stores.
• Not modify source or target store configurations during an active migration without prior coordination with our support team.
• Review migration results promptly and report any issues within 14 days of migration completion.

3.3 Migration Results and Warranties

Migration results depend on multiple factors including but not limited to: source store data quality and structure, target platform capabilities and limitations, third-party plugin or module compatibility, source platform API availability, and network conditions during the migration. Migrationpro does not guarantee that 100% of data will be migrated in all cases, as certain data types or custom fields may not have direct equivalents on the target platform. We will inform you of any known limitations before commencing the migration.

3.4 Post-Migration Support

Following completion of a migration, Migrationpro provides a 14-day post-migration support window during which you may report data discrepancies or migration-related issues at no additional charge. Issues reported after this period may be subject to additional service fees.

3.5 Data Processing

When performing migration services, Migrationpro acts as a data processor on your behalf. You remain the data controller of all store data. By using our migration services, you represent that you have the necessary authority and legal basis to transfer the data contained in your source store. Our data processing practices are described in our Privacy Policy.

The intellectual property in the materials contained in this website are owned by or licensed to Migrationpro LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Migrationpro LLC at any time.

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Migrationpro LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Migrationpro LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website, our migration services, or the materials on this website, even if Migrationpro LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

5.1 Limitation of Liability Cap

To the maximum extent permitted by applicable law, Migrationpro LLC's total cumulative liability to you for any and all claims arising out of or related to these Terms of Service, the website, or our migration services shall not exceed the total amount paid by you to Migrationpro LLC in the twelve (12) months immediately preceding the event giving rise to the claim.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Migrationpro LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our website or migration services; (b) your violation of these Terms of Service; (c) your violation of any rights of a third party; or (d) any data you submit, transfer, or migrate using our services, including any claim that such data infringes the intellectual property or privacy rights of any third party.

Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, third-party platform outages or API changes, internet service provider failures, strikes, power outages, or shortages of transportation, facilities, fuel, energy, labor, or materials. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected services upon written notice to the other party.

The materials appearing on our website are not comprehensive and are for general information purposes only. Migrationpro LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Migrationpro LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Migrationpro LLC of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly and satisfactorily through our support team.

10.2 Binding Arbitration

If we are unable to resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction thereof.

10.3 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. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

10.4 Small Claims Court Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court.

10.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] within 30 days of your first use of our services. If you opt out, the governing law and jurisdiction provisions below will apply.

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

You may terminate your account and these Terms of Service at any time by contacting us at [email protected]. Upon termination by either party: (a) your right to use the website and services will immediately cease; (b) any pending migrations may be canceled; and (c) we will delete your account data in accordance with the retention schedule described in our Privacy Policy.

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Subject to the dispute resolution provisions above, you irrevocably submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.