Legal

Terms of service

Last updated: January 1, 2025

By creating an account or using the TheMigrator platform you agree to these terms. Please read them carefully.

1. Definitions

“Service” means the TheMigrator platform at themigrator.app. “Customer” or “you” means the organization or individual that has created an account. “User” means any person accessing the Service under a Customer account. “Migration Job” means a task initiated by the Customer to transfer data between two Microsoft 365 tenants.

2. Acceptable use

You may use the Service to migrate data between Microsoft 365 tenants that you own or have explicit authorization to administer. You must not:

  • Use the Service to migrate data from tenants you are not authorized to access
  • Attempt to circumvent rate limits or throttling controls
  • Use the Service for any unlawful purpose
  • Reverse-engineer or attempt to extract the Service's source code
  • Resell access to the Service without a written reseller agreement

3. Your responsibilities

You are responsible for: obtaining all necessary permissions and consents from tenant administrators before connecting tenants; ensuring your Microsoft 365 tenant administrators approve the required Graph API permissions; maintaining the security of your account credentials; any data loss resulting from misconfigured migration jobs.

We strongly recommend running a dry-run migration before initiating a live migration job. Dry-run jobs do not move any data.

4. Service levels

We target 99.9% platform availability on a monthly basis. Planned maintenance will be announced with at least 48 hours notice. During maintenance windows, in-progress migration jobs are paused and automatically resumed.

Migration speed depends on Microsoft Graph API limits, which are outside our control. We do not guarantee completion time for migration jobs.

5. Billing and payment

Every account includes 25 free migration tokens. Additional tokens are purchased in bundles (50, 200, or 500 tokens) at one-time prices shown on the pricing page. Tokens are deducted from your balance when a live migration job starts; dry-run jobs do not consume tokens. Unused tokens do not expire.

All charges are non-refundable once a migration job has completed successfully. If a job fails due to a platform error on our side, we will issue a full credit for that job.

Enterprise customers with custom pricing agreements are subject to the terms in their individual agreements, which take precedence over these terms where they conflict.

6. Data and privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these terms by reference.

You retain ownership of all data migrated through the Service. We do not acquire any rights to your data. Migrated content never passes through our servers — it streams directly between your source and destination tenants.

7. Intellectual property

The Service and all related software, algorithms, and documentation are the intellectual property of TheMigrator. These terms grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these terms.

8. Disclaimers and limitation of liability

The Service is provided “as is”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Our total liability to you for any claims arising from use of the Service is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

We are not responsible for data loss caused by: errors in source or destination tenant configuration; Microsoft Graph API outages; actions taken by tenant administrators during migration; or force majeure events.

9. Termination

You may cancel your account at any time from the billing settings page. We may suspend or terminate your account if you violate these terms, fail to pay outstanding charges, or engage in activity that endangers the platform or other customers.

On termination, your data will be deleted within 30 days, except where we are required to retain it by law.

10. Changes to these terms

We may update these terms to reflect changes to our service or legal requirements. We will notify you by email at least 30 days before material changes take effect. Continued use of the Service after that date constitutes acceptance of the updated terms.

11. Governing law

These terms are governed by the laws of the State of Ohio, United States, without regard to its conflict of law provisions. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the state and federal courts located in Ohio.

12. Contact

Questions about these terms: [email protected]