Terms of Service
AGREEMENT TO TERMS
These Terms of Use (“Terms”) are a binding agreement whether personally or on behalf of an entity (“you”) and Megagon Group (“we,” “us,” or “our”), governing your access to and use of https://megagongroup.com and any related pages, subdomains, and content we operate (collectively, the “Site”).
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
We may update these Terms at any time. Changes take effect when we post the revised Terms and update the “Last updated” date above. Your continued use of the Site after that date means you accept the revised Terms.
SERVICES ARE GOVERNED BY A SEPARATE AGREEMENT
These Terms cover your use of our website only. They do not govern any design, development, marketing, advertising, consulting, or other professional services we may provide to you.
Those services are governed exclusively by a separate written agreement — a master services agreement, statement of work, proposal, engagement letter, or similar document signed by both parties (each, a “Client Agreement”). If anything in these Terms conflicts with a Client Agreement, the Client Agreement controls as to the services it covers.
Nothing on the Site — including proposals, price ranges, capability descriptions, case studies, or communications through our contact forms — creates a Client Agreement, an offer capable of acceptance, or any obligation on our part to perform services. No engagement begins until a Client Agreement is signed.
ELIGIBILITY
The Site is intended for users who are at least 18 years old. By using the Site you represent that you are at least 18, have the legal capacity to accept these Terms, and will use the Site only for lawful purposes.
The Site is operated from the United States. We make no representation that the Site or its content is appropriate or available in other jurisdictions. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
INTELLECTUAL PROPERTY
OUR CONTENT
Except for Client Work (Section 4.2) and Third-Party Content (Section 8), the Site and all of its contents — including source code, design, layout, text, graphics, photographs, illustrations, video, audio, and compilations of the foregoing (the “Content”) — are owned by us or licensed to us and are protected by U.S. and international copyright, trademark, and other intellectual property laws.
Our name, logo, and any product or service names and slogans appearing on the Site (the “Marks”) are our trademarks. You may not use them without our prior written permission.
CLIENT WORK AND PORTFOLIO MATERIALS
Portions of the Site display work we produced for clients, including case studies, screenshots, campaign materials, and finished designs (“Client Work”). Client Work may be owned by, or licensed to, the client rather than by us, and may include third-party trademarks, brands, and content. Its display here is for portfolio purposes only and does not grant you any right to use it, and does not imply any endorsement by, or affiliation with, the clients or brands shown.
LIMITED LICENSE TO YOU
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Site and to view, download, and print individual pages for your own personal, non-commercial reference. This license does not permit you to:
All rights not expressly granted are reserved.
NO TEXT OR DATA MINING; NO AI TRAINING
You may not use the Site or any Content, in whole or in part, to develop, train, fine-tune, benchmark, or otherwise improve any machine learning model, artificial intelligence system, large language model, or similar technology, and you may not scrape, harvest, crawl, or systematically extract the Site or the Content for those purposes or to build any dataset, database, archive, or compilation. This restriction applies whether the activity is carried out directly, through an agent, or through automated means, and applies notwithstanding any general permission granted by our robots.txt or similar file. We expressly reserve all rights under Article 4(3) of EU Directive 2019/790 and any equivalent law.
ACCEPTABLE USE
You agree not to:
We may investigate suspected violations and take any action we consider appropriate, including removing content, restricting access, and reporting conduct to law enforcement.
SUBMISSIONS AND COMMUNICATIONS
If you send us questions, comments, ideas, feedback, or suggestions about the Site or our services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and exploit that Feedback for any purpose, without compensation or attribution to you. Feedback is not confidential unless we have signed a written confidentiality agreement covering it.
Do not send us confidential, proprietary, or sensitive information through the Site. Information submitted through our contact forms, email addresses, or chat widgets is not protected by any confidentiality obligation unless and until a signed agreement says otherwise.
NO PROFESSIONAL ADVICE; NO GUARANTEE OF RESULTS
The Site’s content — including blog posts, guides, case studies, benchmarks, and marketing materials — is provided for general informational purposes only. It is not legal, financial, tax, or professional advice, and you should not rely on it as such. Consult a qualified professional about your specific circumstances.
Any performance figures, metrics, conversion rates, traffic numbers, rankings, or results described on the Site reflect outcomes achieved for specific clients under specific conditions. They are not a prediction, projection, promise, or guarantee of the results you would achieve. Outcomes in design, advertising, search, and marketing depend on many factors outside our control, including your market, budget, offer, competition, and changes to third-party platform algorithms and policies.
THIRD-PARTY SITES AND CONTENT
The Site may link to or embed third-party websites, tools, and content (“Third-Party Content”). We do not control, endorse, investigate, or take responsibility for Third-Party Content, and these Terms do not govern it. Accessing Third-Party Content is at your own risk and subject to that third party’s terms and privacy practices.
PRIVACY
Our collection and use of personal information is described in our Privacy Policy at [https:/www.megagongroup.com/privacy], which is incorporated into these Terms by reference.
COPYRIGHT COMPLAINTS (DMCA)
If you believe material on the Site infringes your copyright, send a written notice to our designated agent containing:
Designated Agent: Megagon Group Email: info@megagongroup.com Address: 605 W 9th Street
Unit #4030, Austin, TX 78701
TERM, TERMINATION, AND MODIFICATIONS TO THE SITE
These Terms remain in effect while you use the Site. We may restrict or terminate your access to the Site at any time, without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Site, our users, or our rights.
We may change, suspend, or discontinue any part of the Site at any time without notice. We do not guarantee the Site will be available uninterrupted or error-free, and we are not liable for any loss arising from downtime, maintenance, or discontinuation.
Sections 4, 6, 7, 12, 13, 14, and 15 survive termination.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.
This section does not limit our liability under any Client Agreement. Liability for our professional services is addressed exclusively in that agreement.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us and our officers, members, managers, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of: (a) your use of the Site; (b) your breach of these Terms; (c) your violation of applicable law; or (d) your violation of any third party’s rights.
We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with that defense. We will use reasonable efforts to notify you of any such claim.
GOVERNING LAW AND DISPUTE RESOLUTION
Governing law
These Terms and any dispute arising from them or from your use of the Site are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution
Before filing any claim, you agree to contact us at info@megagongroup.com with a written description of the dispute and the relief you seek, and to attempt in good faith to resolve it informally for at least thirty (30) days.
Venue
Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Travis County, Texas. You consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.
Limitations period
Any claim arising out of or relating to the Site or these Terms must be filed within two (2) years after the claim accrues, or it is permanently barred, except where a shorter period would be prohibited by applicable law.
ELECTRONIC COMMUNICATIONS
By using the Site, submitting a form, or emailing us, you consent to receive communications from us electronically, and you agree that electronic notices, agreements, disclosures, and records satisfy any legal requirement that such communications be in writing. You consent to the use of electronic signatures and records.
GENERAL
Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site, and supersede any prior understandings about it. They do not supersede any Client Agreement.
Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions stay in effect.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them, including in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control.
No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.
Headings. Section headings are for convenience only and do not affect interpretation.
CONTACT
605 W 9th Street
Unit #4030
Austin, TX 78701
Email: info@megagongroup.com