Terms of Service

Last updated: January 1, 2023

1. Acceptance of Terms

By accessing or using MegaTech's services, website, or any applications (collectively, the "Services") provided by MegaTech ("we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all visitors, users, and others who access or use the Services.

If you disagree with any part of these Terms, you may not access the Services. Your continued use of the Services constitutes your ongoing acceptance of these Terms.

2. Account Registration and Security

To use certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password and access credentials that you use to access the Services. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms.

3. Billing and Payment

Certain aspects of the Services require payment. By using these aspects, you agree to pay all fees and charges associated with your account on a timely basis in accordance with the rates, fees, and billing terms in effect at the time a fee or charge is due and payable.

You must provide us with valid credit card or other approved payment method information. You authorize us to charge your payment method for all fees incurred by your account. All payments are non-refundable unless otherwise specified in these Terms or required by applicable law.

Pricing for our Services is subject to change upon 30 days' notice. Such notice may be provided by email or by posting the changes on our website. Your continued use of the Services after such notification constitutes your acceptance of the new fees.

4. Service Availability and Performance

We strive to provide reliable and high-performance Services, but we do not guarantee that the Services will be available at all times without interruption. We are not liable for any downtime, data loss, or service interruptions, including those caused by:

• Scheduled maintenance
• Acts of God or force majeure events
• Third-party service provider failures
• Network or equipment failures outside of our control
• Security breaches or attacks
• Other circumstances beyond our reasonable control

We will make reasonable efforts to notify you of scheduled maintenance or anticipated service disruptions.

5. User Content and Conduct

Our Services allow you to store, share, and otherwise make available certain information, code, text, graphics, videos, or other materials ("User Content"). You are solely responsible for your User Content and the consequences of uploading, publishing, or otherwise making it available.

You agree not to use the Services to:

• Upload or distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable
• Infringe upon or violate the intellectual property rights or other rights of any person or entity
• Transmit any material that contains viruses, Trojan horses, worms, or any other malicious or harmful programs
• Engage in unauthorized scanning, probing, or penetration testing of our systems or networks
• Engage in mining or cryptocurrency operations without prior written authorization
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services, other accounts, or computer systems
• Engage in any activity that would constitute a criminal offense or give rise to civil liability

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.

6. Fair Usage Policy

Our Services are designed for reasonable and typical usage patterns. We reserve the right to limit, throttle, or suspend access to the Services if we determine, in our sole discretion, that your usage exceeds reasonable levels, negatively impacts system performance for other users, or suggests abusive or fraudulent activity.

Resource intensive processes should be optimized to run efficiently. We may contact you to discuss options if your usage consistently exceeds typical patterns.

7. Intellectual Property Rights

The Services and their original content, features, and functionality are and will remain the exclusive property of MegaTech and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

You retain ownership of your User Content. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content solely for the purpose of providing and improving our Services.

8. Limitation of Liability

To the maximum extent permitted by law, MegaTech, its affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Service interruptions or data loss

In no event shall our total liability to you for all claims exceed the amount paid by you to MegaTech during the 12 months prior to the action giving rise to the liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless MegaTech, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

10. Term and Termination

These Terms shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time by canceling your account and discontinuing use of the Services.

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Delaware, using the English language in accordance with the rules and procedures of the American Arbitration Association, by one or more arbitrators appointed in accordance with said rules.

The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys' fees.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.