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Terms of Service
Migragency values and protects its users’ rights to data privacy and protection.
We have no need to collect or process user data beyond what is required for the functioning of our products, and this will never change.
Migragency offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here.
Migragency reserves the right to make changes to these Terms and Conditions at any time by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Migragency.
The term ‘https://Migragency.com’ or ‘Migragency’ or ‘us’ or ‘we’ refers to the owners of the website, support providers, and all employees. The term ‘you’ refers to the user or viewer of our website. This website is provided to you “as is,” without warranty of any kind either express or implied. Neither Migragency nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of Migragency. We reserve the right to change or discontinue at any time any aspect or feature of the Web site.
Except for intellectual property in the public domain under US copyright law, all intellectual property contained on the Website is protected by the US and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, reproduce, publish, license, modify, create derivative works from, or sell any intellectual property contained on the Website without the prior consent of the copyright owner.
None of the intellectual property contained on Migragency may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Migragency. Violation of this provision may result in severe civil and criminal penalties.
When subscribing to a Subscription Plan for the Content and Services as provided to you by Migragency with respect to Migragency, you are required to pay the fees as published.
Refunds: Migragency Support Plugin is a license-based plugin- once you activate your license key, no refunds are available as all sales are final. The same applies to any Migragency service purchased. In general, no refunds are given once work has commenced on any service.
SUBSCRIPTION, DISTRIBUTION AND USAGE
Limitation of Liability: Without derogating from other provisions of these Terms any distribution of the Content shall require you to make sure that the receiving third-party disclaims any liability from Migragency from any use of the Content, its non-adherence to any system, lack of updates, or any other claim relating to damages.
No Hosting or Resale: Without derogating from any of the restrictions and limitations set forth in these Terms, you may not provide access to the Content acting as a hosting service provider or a reseller, and you may not provide the Content to others as part of a “Software As-a-Service” (SaaS). You may not bundle the Content in a website where you have no a significant part in its design and development nor resell it as a commercial, off the shelf, license or product This means that you can use the Content as a part of a commercial project where you design a theme for your client, provided that you have significant control over such project and you may not use the Content in a theme or DIY website hosting solution.
PROTECTING YOUR LICENSE
The Software is licensed via license key. This key allows Migragency to authenticate classify and ensure that your Subscription Plan and license are in effect, so that you can receive timely support services, software updates and to connect to the Migragency library and we can monitor the compliance with these terms and with the scope of the applicable Subscription Plan you purchased .
GDPR COMPLIANCE AND DATA HANDLING
Occasionally, at our discretion, Migragency may include or offer third party products or services on our Site. These third party sites have separate and independent privacy policies. Migragency therefore have no responsibility or liability for the content and activities of these linked sites.
Your use of any information or intellectual properties on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements and are compatible with your own website setup. In no event shall Migragency, its suppliers, vendors, contractors, or partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the intellectual properties on Migragency.com.
This website contains intellectual property which is owned by or licensed to us, as well as others. This intellectual property includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks displayed on our website- which are not the property of or licensed to the operator, are credited, acknowledged (explicitly or implied) appropriately. From time to time this website may also include links to external sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
These terms of service shall be exclusively governed by the laws of the state of Colorado, US without regard to its conflict of laws rules, and any dispute arising from it shall be exclusively brought to the courts of Boulder, Colorado, US. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. You agree that any cause of action that you may have arising out of or related to these Terms must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Migragency may, according to its sole discretion, terminate these Terms, the service or any service provided by it for any reason, for all the users or just to you, for any cause and for no cause, including, without limitation, due to lack of use or if Migragency believes that you breached these Terms or acted in a manner which may harm Migragency or the Services.
Migragency may, moreover and according to its sole discretion, refrain from providing the Services or any part thereof, with or without any prior notice.
You hereby warrant that any termination of your access to the service or services may apply without prior notice, and acknowledge that Migragency may terminate the services immediately or remove your Content.
Moreover, Migragency shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending, or otherwise limiting your use of the Services; However, in any case where Migragency shall terminate these terms not due to your breach of these terms, then it shall continue to provide you with Services for the Subscription term you paid, or refund the proportional un-used portion of the pre-paid subscription fees , according to your discretion.
SUPPORT & UPDATES
Support: The Subscription Plan includes certain support services for the Services only (as applicable and set forth in our Site), which in all cases will be provided only to you and not to any of your Sublicensees. Migragency shall under circumstances have any responsibility or liability of any kind whatsoever, including responsibility to provide support, to your Sublicensees or any other third party.
Updates: Migragency may update and/or upgrade the Services software components at its discretion. If you purchase a Subscription Plan all updates made generally available during the twelve (12) months following your Subscription Plan purchase will be provided to you as part of the Subscription Plan and are available solely for such number of websites as stated under the applicable Subscription Plan.
Migragency encourages you to upgrade to the latest release of the Software as soon as possible. Be aware that Migragency’s support for all Subscription Plans is limited to the latest two (2) released versions of the Software and provided that all the plugins on the relevant website are updated to their latest version.
No Support for Third-Party Components: The Services, including the Content are provided to you without any support for third-party components which are used with or in connection to the Services, whether installed on your server, or otherwise, whether or not in source code.
Additional Components: During your first use of the Service and the Software, you may be presented the option to install additional third-party components. For the installation of these components, you shall be required to accept additional terms. Please note that these components are not mandatory for your use of the Services.
Migragency REFUNDS POLICY
* All sales are final. No refunds for any services rendered. ** Any subscriptions or support plans may only be used on your licensed + activated site selected and setup initially.
*** Should the user/client- despite agreeing to these terms- decide to seek a refund, reverse a charge, cancel a payment even though work was performed, or in any way seek to reclaim their payment/funds after we have begun any form of work on their site, they agree to waive their access to any remaining Migragency services, access to our site, plugins, online platforms or services, and any support- paid for or not, that remains on their account.
Furthermore, should any actions by the client/user/visitor result in any financial harm or loss to Migragency, we are entitled to be reimbursed for not only the total original loss, but also for any time, resources, legal fees, or steps taken in order to respond to, or deal with your claim. This will be clocked beginning when we receive notice of your claim, then multiplied by our current hourly rate PLUS any additional legal fees until your case is marked as resolved by both parties. The new accrued total will then be sent to all Collection Agencies in our network and reported to various credit agencies.
As mentioned several times in above sections- you agree to all terms listed on this page. Using, visiting, or accessing Migragency services in any way constitutes as your agreement to these terms. You also agree to these same terms during the checkout, purchase, or renewal of any Migragency service or subscription. Your IP will be logged and linked with your user account and used as verification and agreement of these terms of service.