Terms of Service

These Terms of Service ("Terms") are an agreement between DK Solution ("DK Solution", "we", "us") and the individual or organization registering for or using DKS Migration Tools (the "Service"), including the Portal, the DKS Migration Agent, and any related APIs. By creating an account or using the Service, you accept these Terms on behalf of yourself and, if applicable, the organization you represent.

1. The Service

DKS Migration Tools is a management and orchestration surface for moving email, calendar, contact, and file data between systems you control — for example between IMAP servers, Microsoft 365, Google Workspace, PST archives, and file/SharePoint storage. The Service plans, runs, and reports on migration jobs; it is a management layer, not a guarantee that every item migrates without exception. Feature availability is labelled honestly on our site (Available, Pilot, Beta, In Development, or Planned) — features other than "Available" may change or be withdrawn without notice.

2. Accounts & Eligibility

You must provide accurate registration information and are responsible for safeguarding your account credentials and any credentials (API keys, app-registration secrets, service-account files) you enter into the Service to connect source and destination systems. You are responsible for all activity carried out under your account.

3. Your Data & Your Responsibilities

You are solely responsible for the data you migrate through the Service. Specifically, you represent and warrant that:

• You own the data being migrated, or you have obtained all necessary rights, consents, and authorizations from the data's owner(s) to access, process, and migrate it using the Service;
• You will maintain your own independent backup of all source data before starting any migration job. DK Solution is not a backup provider, and the Service is not a substitute for your own backup and disaster-recovery process;
• The connection details, credentials, and endpoint configuration you supply (source/destination tenant, mailbox, or file path) are correct — the Service migrates exactly what it is pointed at, and is not able to verify that a given endpoint is the one you intended;
• The data you migrate does not violate any applicable law, regulation, or third-party right, and you are responsible for complying with data-protection law applicable to that data (DK Solution acts as your processor/tool for the migration, not as the controller of your end-user data).

4. Fees, Orders & Licenses

Licenses are issued against orders you submit through the Service; an order is a request and is not binding until approved. Published prices, taxes, and support scope are confirmed on your quote. Fees for a license already issued and consumed are non-refundable except where required by law or expressly agreed in writing.

5. Acceptable Use

You will not use the Service to migrate data you are not authorized to access; to probe, disrupt, or gain unauthorized access to the Service or any system it connects to; to violate any third-party API's terms of use (including Microsoft 365 Graph and Google Workspace); or to reverse-engineer, resell, or sublicense the Service without our prior written agreement.

6. Service Availability; Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." Migration of large mailboxes or file sets is subject to source/destination API throttling, format limitations, and other factors outside our control; we do not warrant that every migration will complete without loss, duplication, or reformatting of items, or that the Service will be available uninterrupted or error-free. We recommend running a pilot/test batch before a full-scale migration and independently verifying results before decommissioning any source system. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) DK SOLUTION'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (B) DK SOLUTION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOST BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING GROSS NEGLIGENCE OR WILFUL MISCONDUCT).

8. Indemnification

You will indemnify and hold DK Solution harmless from any claim, loss, or damage (including reasonable legal fees) arising from: your data; your lack of authorization to migrate that data; your breach of these Terms; or your violation of any law or third-party right in connection with your use of the Service.

9. Intellectual Property

DK Solution retains all right, title, and interest in the Service, including the Portal, the Agent software, and all associated branding. You retain all rights to the data you migrate through the Service.

10. Confidentiality

Each party will use the other's confidential information only to perform its obligations under these Terms, and will protect it with at least the same degree of care it uses for its own confidential information of similar nature.

11. Suspension & Termination

We may suspend or terminate your access for breach of these Terms, non-payment, abuse of the Service, or as required by law. You may stop using the Service at any time. Upon termination, in-flight migration jobs are stopped and any data staged temporarily for an active job is deleted; account and audit records are retained as described in our Privacy Policy.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by a new version number and effective date at the top of this page; continued use of the Service after a material change becomes effective constitutes acceptance of the updated Terms.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of Vietnam, without regard to conflict-of-law principles. The parties will first attempt to resolve any dispute through good-faith negotiation; unresolved disputes are subject to the exclusive jurisdiction of the competent courts of Vietnam.

14. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions stay in full effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our prior written consent. These Terms are the entire agreement between you and DK Solution regarding the Service, superseding any prior agreement on the same subject.

15. Contact

Questions about these Terms can be sent through our Contact page.