Terms and Conditions¶

Version 1.0 — Effective February 2026

1. Agreement to Terms¶

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MAGK, LLC ("Provider," "Company," "we," "us," or "our"), governing your access to and use of the MAGK Tech platform, including all software, services, APIs, web interfaces, hardware integrations, network infrastructure, documentation, and related materials (collectively, the "Platform").

By accessing, installing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, the MAGK Tech Proprietary Software License, and the Acceptable Use Policy (collectively, the "Agreement"). If you do not agree to these Terms, you must not access or use the Platform.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions¶

"Authorized User" means an individual or entity that has been granted a valid, written license to use the Platform by Provider.
"Confidential Information" means all non-public information disclosed by Provider, including source code, architecture, algorithms, business plans, pricing, customer data, and technical documentation.
"Content" means all data, text, images, video, audio, CoT messages, geospatial data, mission plans, and other materials transmitted through or stored on the Platform.
"MAGK Nodes" means the proprietary hardware devices (SD2, Domination, Network Nodes) that communicate with the Platform.
"Services" means all functionality provided by the Platform, including tactical communications, administration, monitoring, event management, mission planning, and client onboarding.
"Third-Party Components" means open-source software and services used by the Platform (e.g., OpenTAKServer, PostgreSQL, RabbitMQ) that are governed by their own respective licenses.

3. License and Access¶

3.1 License Requirement¶

Access to and use of the Platform requires a separate, written license agreement executed by an authorized representative of Provider. These Terms do not, by themselves, grant any license to use the Platform.

3.2 Account Responsibilities¶

If granted access, you are responsible for:

(a) Maintaining the confidentiality of your login credentials, API keys, certificates, and authentication tokens.
(b) All activities that occur under your account or credentials.
(c) Promptly notifying Provider of any unauthorized use of your account or any other security breach.
(d) Ensuring that all individuals who access the Platform through your account comply with these Terms.

3.3 Access Revocation¶

Provider reserves the right to suspend or revoke access to the Platform at any time, with or without cause, and with or without notice.

4. Ownership and Intellectual Property¶

4.1 Provider Ownership¶

The Platform and all MAGK Tech proprietary components, including but not limited to the MAGK Admin UI, MAGK API extensions, MAGK Node communication protocols, monitoring services, deployment configurations, branding assets, and documentation, are the exclusive property of MAGK, LLC.

All right, title, and interest in and to the Platform, including all intellectual property rights — copyrights, trademarks, trade secrets, patents (if any), and moral rights — are and shall remain the sole property of Provider.

4.2 No Transfer of Rights¶

Nothing in these Terms transfers any ownership interest, intellectual property right, or proprietary right in the Platform to you. You receive only the limited rights expressly granted under a separate written license agreement.

4.3 Trademarks¶

"MAGK Tech," "MAGK Admin," "Multipurpose Awareness and Group Kit," the MAGK Tech logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MAGK, LLC. You may not use such marks without the prior written permission of Provider.

4.4 User Content¶

You retain ownership of any Content you create and transmit through the Platform (e.g., mission plans, CoT messages, event configurations). However, you grant Provider a non-exclusive, worldwide, royalty-free license to store, process, and transmit such Content solely as necessary to provide the Services.

4.5 Feedback¶

Any feedback, suggestions, or ideas you provide regarding the Platform ("Feedback") shall become the exclusive property of Provider. Provider may use, incorporate, and commercialize Feedback without restriction or compensation to you.

5. Prohibited Conduct¶

In addition to the restrictions set forth in the Acceptable Use Policy, you agree not to:

5.1 Reverse Engineering and Tampering¶

(a) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, algorithms, or underlying structure of the Platform.
(b) Modify, adapt, translate, or create derivative works of the Platform.
(c) Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
(d) Bypass, disable, or circumvent any security features, access controls, authentication mechanisms, encryption, or license enforcement measures.

5.2 Unauthorized Access and Hacking¶

(a) Access or attempt to access the Platform, its servers, databases, APIs, or network infrastructure through any means not authorized by Provider.
(b) Use any automated system, bot, scraper, or similar technology to access the Platform without express written permission.
(c) Exploit any vulnerability, bug, or error in the Platform for any purpose, including but not limited to gaining unauthorized access, escalating privileges, or extracting data.
(d) Conduct penetration testing, vulnerability scanning, or security assessments against the Platform without prior written authorization.
(e) Intercept, sniff, or monitor network traffic between Platform components or between the Platform and client devices.

5.3 Illegal Activities¶

(a) Use the Platform for any purpose that violates applicable local, state, national, or international law or regulation.
(b) Use the Platform to facilitate, promote, or engage in any illegal activity.
(c) Use the Platform in connection with any activity that could cause harm to persons or property.

5.4 Competitive Activities¶

(a) Use the Platform or any information obtained from it to develop, improve, or market any product or service that competes with the Platform.
(b) Benchmark the Platform against competing products without prior written consent.
(c) Assist any third party in any of the foregoing activities.

6. Third-Party Components¶

6.1 Open-Source Software¶

The Platform incorporates third-party open-source components, including but not limited to OpenTAKServer, PostgreSQL, PostGIS, RabbitMQ, Nginx, OpenLDAP, and MediaMTX. These components are governed by their respective open-source licenses and are not subject to these Terms.

6.2 No Warranty for Third-Party Components¶

Provider makes no representations or warranties regarding third-party components. Any issues arising from third-party components are subject to the terms and support channels of their respective projects.

6.3 TAK Client Compatibility¶

The Platform is designed to interoperate with TAK-compatible client applications (ATAK, iTAK, WinTAK). These client applications are third-party products not owned or controlled by Provider, and their use is subject to their own respective terms and licenses.

7. Privacy and Data¶

7.1 Data Collection¶

The Platform may collect and process the following types of data:

(a) Account information (usernames, email addresses, group memberships).
(b) Geospatial data (location coordinates, CoT messages, map overlays).
(c) Operational data (mission plans, event configurations, objective status).
(d) System data (access logs, API usage, performance metrics, error reports).
(e) Device data (EUD information, certificate metadata, connection details).

7.2 Data Use¶

Data collected through the Platform is used solely for:

(a) Providing and maintaining the Services.
(b) System administration, monitoring, and security.
(c) Improving the Platform and developing new features.
(d) Complying with legal obligations.

7.3 Data Security¶

Provider implements reasonable technical and organizational measures to protect data processed through the Platform. However, no system is completely secure, and Provider cannot guarantee absolute security.

7.4 Data Retention¶

Provider retains data for as long as necessary to provide the Services and fulfill the purposes described in these Terms, unless a longer retention period is required by law.

8. Confidentiality¶

8.1 Obligations¶

You agree to:

(a) Maintain the confidentiality of all Confidential Information.
(b) Not disclose Confidential Information to any third party without prior written consent from Provider.
(c) Use Confidential Information only as necessary to exercise rights granted under a valid license agreement.
(d) Protect Confidential Information using at least the same degree of care you use to protect your own confidential information, but no less than reasonable care.

8.2 Exceptions¶

Confidential Information does not include information that:

(a) Is or becomes publicly available through no fault of yours.
(b) Was known to you prior to disclosure by Provider, as documented by written records.
(c) Is independently developed by you without use of or reference to Confidential Information.
(d) Is required to be disclosed by law, provided you give Provider prompt written notice and cooperate with efforts to obtain protective treatment.

9. Disclaimer of Warranties¶

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PROVIDER DOES NOT WARRANT THAT:

(a) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
(b) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
(c) THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
(d) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.
(e) THE PLATFORM WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR NETWORK CONFIGURATION.

THE PLATFORM IS NOT DESIGNED OR INTENDED FOR USE IN LIFE-CRITICAL SYSTEMS WHERE FAILURE COULD RESULT IN DEATH, PERSONAL INJURY, OR SEVERE PROPERTY DAMAGE. USE OF THE PLATFORM IN SUCH ENVIRONMENTS IS AT YOUR OWN RISK.

10. Limitation of Liability¶

10.1 Exclusion of Damages¶

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
(b) LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL.
(c) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
(d) DAMAGES ARISING FROM INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA.

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability¶

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PROVIDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification¶

You agree to indemnify, defend, and hold harmless Provider and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

(a) Your use of the Platform.
(b) Your violation of these Terms, the License, or the Acceptable Use Policy.
(c) Your violation of any applicable law or regulation.
(d) Your violation of any third-party rights, including intellectual property rights.
(e) Any Content you transmit through the Platform.

12. Termination¶

12.1 Termination by Provider¶

Provider may terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

(a) Breach of these Terms, the License, or the Acceptable Use Policy.
(b) Conduct that Provider reasonably believes is harmful to other users, the Platform, or Provider's business interests.
(c) Request by law enforcement or government agencies.
(d) Discontinuation or material modification of the Platform.

12.2 Effect of Termination¶

Upon termination:

(a) All rights and licenses granted to you shall immediately cease.
(b) You must immediately stop all use of the Platform.
(c) You must destroy all copies of any Platform software, documentation, or Confidential Information in your possession.
(d) Provider may delete your account and associated data after a reasonable retention period.

12.3 Survival¶

Sections 4 (Ownership), 5 (Prohibited Conduct), 8 (Confidentiality), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), and 13 (General Provisions) shall survive termination.

13. General Provisions¶

13.1 Governing Law¶

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws provisions.

13.2 Dispute Resolution¶

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, unless Provider elects to pursue remedies in a court of competent jurisdiction. The arbitration shall take place in the State of Utah.

13.3 Injunctive Relief¶

You acknowledge that any breach of Sections 4, 5, or 8 may cause irreparable harm to Provider for which monetary damages would be an inadequate remedy. Provider shall be entitled to seek injunctive or other equitable relief without the necessity of proving actual damages or posting a bond.

13.4 Entire Agreement¶

These Terms, together with the License and the Acceptable Use Policy, constitute the entire agreement between you and Provider regarding the Platform and supersede all prior or contemporaneous agreements, understandings, or representations.

13.5 Severability¶

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.6 No Waiver¶

The failure of Provider to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Provider.

13.7 Assignment¶

You may not assign or transfer these Terms or any rights hereunder without the prior written consent of Provider. Provider may assign these Terms without restriction.

13.8 Force Majeure¶

Provider shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, network infrastructure failures, or power outages.

13.9 Notices¶

All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified mail to the addresses specified in the applicable license agreement.

13.10 Amendments¶

Provider reserves the right to modify these Terms at any time. Material changes will be communicated to Authorized Users through reasonable means. Continued use of the Platform after notification constitutes acceptance of the modified Terms.

14. Contact Information¶

For questions about these Terms and Conditions:

MAGK, LLC Email: legal@magktech.com

Last updated: February 2026