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Terms of Service

Last updated: March 1, 2025  |  Effective: March 1, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you and Matilda Migration, Inc. ("Matilda Migration," "Company," "we," "us," or "our"), a Washington State corporation headquartered at 1201 Third Avenue, Suite 1400, Seattle, WA 98101. These Terms govern your access to and use of our website at matlidamlgration.com (the "Site") and any related informational content, documentation, or communications provided by Matilda Migration through the Site.

Cloud migration and professional services engagements are governed separately by written service agreements, statements of work, or master services agreements executed between Matilda Migration and individual clients. In the event of any conflict between these Terms and a separately executed service agreement, the executed service agreement will control with respect to the subject matter of that agreement.

1. Acceptance of Terms

By accessing or using the Site, you represent that you are at least 18 years of age, have the legal capacity to enter into binding contracts, and agree to be bound by these Terms and our Privacy Policy. If you are accessing the Site on behalf of a business organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Site. Your continued use of the Site constitutes ongoing acceptance of these Terms and any modifications we make to them over time.

2. Changes to These Terms

Matilda Migration reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site with a revised "Last updated" date and, where reasonably practicable, by providing notice through the contact information you have provided to us. Changes become effective upon posting unless otherwise specified.

Your continued use of the Site after the effective date of any change constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically to stay informed of any changes.

3. Use of the Site

3.1 Permitted Use

Subject to these Terms, Matilda Migration grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal business information purposes. Permitted uses include reading and sharing content from the Site, submitting inquiries through our contact forms, downloading resources we make available for download, and learning about our services and capabilities.

3.2 Prohibited Uses

You agree not to:

  • Use the Site for any purpose that violates applicable federal, state, local, or international law or regulation
  • Reproduce, distribute, or create derivative works from Site content without our written permission
  • Use automated tools (bots, scrapers, crawlers) to access, collect, or index Site content at a rate or in a manner that imposes an unreasonable burden on our infrastructure
  • Attempt to probe, scan, test the vulnerability of, or breach the security of our Site or systems
  • Transmit unsolicited commercial communications through our contact forms or any other communication mechanism provided on the Site
  • Impersonate Matilda Migration, any of our employees, or any other person or entity in communications through the Site
  • Introduce viruses, trojans, worms, logic bombs, or other malicious or harmful code into the Site
  • Attempt to gain unauthorized access to any part of the Site or any system or network connected to the Site
  • Use the Site to collect personal information about other users without their consent
  • Frame, mirror, or otherwise incorporate the Site or any portion of it into another website without our prior written consent

4. Intellectual Property

4.1 Ownership

The Site and all of its content, features, and functionality — including but not limited to all text, graphics, photographs, images, illustrations, software, HTML code, CSS, JavaScript, logos, trade names, service marks, and trade dress — are owned by Matilda Migration, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

These Terms grant you a limited license to access and view Site content for your personal, non-commercial business information purposes only. You may print or download a single copy of any page for your own reference, provided you do not modify the content, remove any copyright or proprietary notices, or use the content in a manner inconsistent with these Terms. No right, title, or interest in or to the Site or its content is transferred to you under these Terms, and all rights not expressly granted are reserved by Matilda Migration.

4.3 Trademarks

The Matilda Migration name, logo, and all related product and service names, designs, and slogans are trademarks of Matilda Migration, Inc. You may not use these marks without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners.

4.4 Content Submissions

If you submit content through the Site — including comments, questions, testimonials, case study information, or other materials — you grant Matilda Migration a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with our business operations. You represent that you have all necessary rights to grant this license and that your submission does not infringe third-party rights or violate applicable law.

5. Professional Services and Engagement Terms

5.1 No Engagement Without Written Agreement

The information provided on this Site, including service descriptions, pricing information, case studies, and blog content, is for informational purposes only and does not constitute an offer to provide services. No cloud migration, database migration, hybrid cloud, or related professional services engagement is created by your use of this Site. All professional services engagements require a separately executed written service agreement or statement of work.

5.2 Inquiry and Contact Forms

Submitting an inquiry or contact form through this Site does not create an attorney-client relationship, consultant-client relationship, or any other professional relationship. Information you share in contact forms before a formal engagement agreement is executed is treated as a preliminary business discussion, not a confidential professional communication.

5.3 Pricing Information

Any pricing information published on this Site represents general indicative ranges and is subject to change without notice. Actual pricing for professional services engagements is determined through individual consultation and documented in written service agreements. We make no guarantee that published pricing will be applicable to your specific requirements.

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MATILDA MIGRATION DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF SITE CONTENT
  • WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE
  • WARRANTIES THAT ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED

The content and information published on this Site, including blog articles, white papers, and case studies, is provided for general informational purposes only. While we make reasonable efforts to ensure accuracy, cloud technology evolves rapidly and specific technical recommendations should be validated against current documentation and your specific environment before implementation.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MATILDA MIGRATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUES, DATA, BUSINESS, OR ANTICIPATED SAVINGS
  • BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITIES
  • LOSS OF GOODWILL OR REPUTATION
  • ANY OTHER LOSS OR DAMAGE OF ANY KIND

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MATILDA MIGRATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE LIMITATIONS ON CONSEQUENTIAL DAMAGES ARE NOT PERMITTED, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY. IN SUCH CASES, MATILDA MIGRATION'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

THE AGGREGATE LIABILITY OF MATILDA MIGRATION AND ITS AFFILIATED ENTITIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SITE (EXCLUDING LIABILITY UNDER SEPARATELY EXECUTED SERVICE AGREEMENTS) WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

8. Indemnification

You agree to defend, indemnify, and hold harmless Matilda Migration and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Site in a manner not expressly authorized by these Terms, your violation of any third-party right, or your breach of any applicable law.

9. Links to Third-Party Websites

The Site may contain links to third-party websites, resources, and services for convenience and informational purposes. These links do not constitute an endorsement by Matilda Migration of the linked site's content, products, or services. We have no control over the content, privacy policies, or practices of third-party sites and disclaim all responsibility for them. We encourage you to review the terms and privacy policies of any third-party site you visit.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy. Please review our Privacy Policy carefully.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or your use of the Site will be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

11.2 Jurisdiction

You consent to the exclusive jurisdiction of the federal and state courts located in King County, Washington for the resolution of any disputes arising out of or related to these Terms or your use of the Site. You waive any objection to venue in such courts based on inconvenience of forum.

11.3 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at legal@matlidamlgration.com and providing a written description of your concern. We will make good-faith efforts to resolve disputes informally within 30 days of receiving written notice. If informal resolution is not achieved within that period, either party may proceed with formal proceedings.

11.4 Waiver of Class Actions

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION PROCEEDING.

12. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Matilda Migration's failure to assert any right under these Terms will not constitute a waiver of such right.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Matilda Migration regarding your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings regarding the same subject matter. These Terms do not govern professional services engagements, which are subject to separately executed written agreements.

14. Contact Us

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

  • Email: legal@matlidamlgration.com
  • Mail: Matilda Migration, Inc., Attn: Legal Department, 1201 Third Avenue, Suite 1400, Seattle, WA 98101
  • Website: Contact Us
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