1. Acceptance of Terms
By registering a tenant, activating licenses, deploying components, or using Opsole Migrate (the "Service"), you agree to these Terms of Service ("Terms").
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, you must not use the Service.
2. Description of the Service
Opsole Migrate is an enterprise Windows device modernization platform that transitions devices from:
- Active Directory (AD) Joined
- Hybrid Microsoft Entra ID Joined
- Microsoft Entra tenant-to-tenant scenarios
into a Microsoft Entra ID Joined state without reimaging, while preserving the existing Windows operating system state and user profile in place.
The Service performs system-level configuration changes required for device identity transition and profile continuity. The Service does not read, inspect, copy, scan, or migrate user file contents.
3. Eligibility and Authority
You represent and warrant that:
- You have lawful authority to manage and modify the devices on which the Service is used
- You have obtained all necessary permissions from device owners and users
- Your use of the Service complies with all applicable laws and internal policies
4. Service Availability
The Service may experience interruptions, delays, or outages. Opsole does not guarantee uninterrupted availability.
You are responsible for maintaining appropriate backups and recovery mechanisms prior to running migrations.
5. Environmental Dependency and No Guarantee
You acknowledge and agree that migration outcomes depend on factors outside Opsole's control, including but not limited to:
- Windows OS and disk integrity
- Existing user profile condition
- Endpoint security software (EDR/AV) behavior
- Network, proxy, firewall, and DNS configuration
- Group Policy, MDM, and tenant configuration
- Administrative permissions and recovery credential availability
Opsole does not guarantee 100% migration success, profile usability in all environments, or recovery from pre-existing system or profile corruption.
6. Customer Responsibilities
You agree to:
- Perform full device backups before migration
- Validate OS and profile health prior to execution
- Configure required security exclusions where necessary
- Provide appropriate administrative access
- Maintain access to BitLocker and LAPS recovery mechanisms
- Ensure network connectivity for Microsoft Entra operations
- Follow Opsole documentation and guidance
7. Proof-of-Concept (POC) and Testing Obligations
If Opsole provides a proof-of-concept (POC) or trial license, you are responsible for validating the Service in your environment, including applications, security tools, policies, and network conditions, before production use.
Opsole is not responsible for issues arising from insufficient testing.
8. Customer Ownership of Environment Risk
You retain sole responsibility for:
- Device state and OS condition
- Security tools and policies
- Network controls and access restrictions
- Third-party software and integrations
Failures caused by these factors are not the responsibility of Opsole.
9. Recovery Metadata and Operational Data
To support licensing, diagnostics, and recovery scenarios, the Service may transmit limited metadata, including:
- Device identifiers (hostname, serial number)
- User SID and operational identifiers
- Migration logs and execution status
- BitLocker recovery key (when enabled)
- LAPS / Windows LAPS password (when available)
Handling of such data is governed by the Opsole Privacy & Cookies Policy and, where applicable, the Data Processing Addendum (DPA).
10. Third-Party Services and Dependencies
The Service relies on third-party platforms and services, including Microsoft Windows, Microsoft Entra ID, Microsoft Intune, Microsoft APIs, and customer-managed infrastructure.
Opsole is not responsible for failures caused by third-party outages, throttling, API changes, or customer security and network controls.
11. Support Boundaries
Support is provided on a best-effort basis and is limited to Service-related guidance.
Opsole does not provide operating system repair, malware remediation, forensic analysis, or general device recovery services unless separately agreed in writing.
12. No Warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
13. Limitation of Liability
To the maximum extent permitted by law:
- Opsole shall not be liable for indirect, incidental, consequential, special, or punitive damages
- Opsole shall not be liable for data loss, profile inaccessibility, corruption, security software interference, or third-party failures
- Opsole's total aggregate liability shall not exceed the fees paid for the Service during the preceding twelve (12) months.
14. Indemnification
You agree to indemnify and hold Opsole harmless from any claims, damages, or liabilities arising from:
- Misuse of the Service
- Use without proper authority
- Violation of applicable laws
- Customer configurations, policies, or security controls
- Actions taken using your administrative access
15. Acceptable Use
You must not:
- Reverse engineer or attempt to derive source code
- Bypass security or licensing controls
- Use the Service outside documented workflows
- Use the Service for unauthorized or unlawful purposes
16. Intellectual Property and License
Opsole retains all rights, title, and interest in the Service and documentation.
Subject to these Terms and payment of applicable fees, Opsole grants you a limited, non-exclusive, non-transferable license to use the Service for internal business purposes.
17. Confidentiality
Each party agrees to protect the other's confidential information and to use it only as required to perform under these Terms.
18. Service Modifications
Opsole may modify the Service to improve security, compliance, functionality, or performance. Material changes will be communicated when reasonably practicable.
19. Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control, including cloud outages, network failures, natural disasters, or vendor service disruptions.
20. Suspension and Termination
Opsole may suspend or terminate access if these Terms are violated or if continued use poses security or legal risk.
Upon termination, you must cease use of the Service.
21. Order of Precedence
If you have a separate master agreement, order form, or DPA with Opsole, those documents will govern in the event of conflict, as specified in their terms.
22. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales, and the courts of London have exclusive jurisdiction.
23. Acceptance
By activating a tenant, assigning licenses, or using the Service, you confirm that you have read, understood, and agreed to these Terms.
You will defend, indemnify, and hold harmless Opsole and its affiliates from and against any claims, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service or violation of these Terms.
11. Termination
Either party may terminate for material breach after written notice and a reasonable cure period, where applicable. Upon termination, your right to use the Service ceases and you must cease all access. Certain provisions survive termination, including ownership, disclaimers, and limitations of liability.
12. Governing Law
These Terms are governed by the laws of the jurisdiction of our principal place of business, without regard to conflict of law principles. Venue for disputes lies exclusively in the courts located in that jurisdiction.
13. Changes
We may update these Terms from time to time. Material changes will be communicated by posting an updated version and changing the date above. Your continued use constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms? Contact us at [email protected].