Terms and Conditions
Last revision: May 19th, 2025
Introduction and Acceptance
Company Identification
MKController LTDA., a private limited liability company duly organized under the laws of Brazil, with its principal office located at Rua Elza Meinert, nº 68, Bairro Costa e Silva, ZIP Code 89218-650, Joinville, State of Santa Catarina, Brazil, and registered under CNPJ/MF No. 48.271.906/0001-77 (“MKController”, “we”, “our”, or “us”), provides software solutions focused on network management and control.
Scope and Acceptance
These Terms of Use (“Terms”) govern your access to and use of the MKController platform and all associated services, features, and functionalities made available by us (collectively, the “Services”).
By accessing or using any part of the Services, you (“Client” or “you”) acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to all of the terms and conditions herein, you must not use or access the Services.
Binding Nature and Global Applicability
These Terms constitute a legally binding agreement between MKController and the Client, regardless of the country from which the Services are accessed. They apply to all forms of use, whether via the web application, APIs, or any other authorized integration.
Nature of Services
MKController offers business-to-business (B2B) technology services for network monitoring, device orchestration, user management, analytics, and data integration. The Services are exclusively intended for professional or commercial use. Any consumer use is strictly prohibited.
Definitions
MKController: Cloud-based service specialized in hosting, managing, and remotely controlling mainly Mikrotik devices, but potentially supporting other equipment as well. The service offers additional features, including automated backups, custom alert creation, real-time monitoring, among other advanced capabilities to optimize network management.
Client: Individual or legal entity that contracts with MKController to utilize offered services, aiming to manage, control, and monitor networks and associated devices through the platform.
End User: Individual who accesses and uses network services provided directly by MKController Clients, not maintaining a direct contractual relationship with MKController.
Billing Model: MKController adopts a contractual model based on the acquisition of Slots. Each Slot corresponds to a digital space reserved on MKController’s servers for device adoption. Costs are generated and maintained regardless of effective utilization of the Slots acquired by the Client. The Client may, at their discretion, add devices up to the maximum limit of contracted Slots.
Slot: Individual digital space dedicated to integrating and managing a single device within the MKController platform.
Device: Physical equipment, exclusively owned by the Client, which can be integrated and managed through a specific Slot in the Client’s account on MKController.
Cancellation: To terminate charges associated with MKController services, it is mandatory that the Client completely deletes their Account on the platform, according to instructions provided in the Knowledge Base. The isolated deletion of devices does not stop the charges, as Slots will remain reserved and active, generating ongoing operational costs to MKController.
Authorized Use
The Services provided by MKController are intended exclusively for lawful, professional, and commercial purposes, in accordance with the specific agreements entered into with each Client. Clients are solely responsible for ensuring their use of the platform complies with all applicable laws, regulations, and these Terms.
Any misuse of the Services is strictly prohibited, including, without limitation:
Unauthorized access or attempts to bypass authentication mechanisms;
Tampering with, reverse engineering, or decompiling any part of the platform;
Using the platform in a manner that interferes with its normal operation or attempts to compromise system integrity;
Exploiting the Services for unlawful, unethical, or non-contractual purposes, including actions that may infringe third-party rights or breach data protection laws.
MKController reserves the right to immediately suspend or permanently terminate access to the platform, without prior notice, in the event of any violation of this clause. Additionally, MKController may pursue civil, administrative, or criminal remedies to the fullest extent permitted by law.
Use of the Services for consumer, personal, or non-commercial purposes is expressly prohibited.
Acceptable Use
Clients agree to use MKController’s Services solely in accordance with applicable laws and these Terms. Prohibited uses include, but are not limited to:
- Hosting, transmitting, or distributing any content that is unlawful, abusive, threatening, defamatory, or otherwise objectionable;
- Using the platform to send unsolicited communications, spam, or engage in denial-of-service attacks;
- Engaging in unauthorized surveillance, packet sniffing, or interception of traffic not owned by the Client;
- Attempting to probe, scan, or test the vulnerability of the platform or associated infrastructure;
- Using MKController to assist or operate botnets, malware distribution, or content filters that violate end-user rights.
MKController reserves the right to suspend or terminate any account engaged in prohibited activities, with or without prior notice.
Account Security and Access
Clients are solely responsible for managing and protecting access credentials, API tokens, and user permissions associated with their MKController account.
MKController shall not be liable for any loss or damage resulting from unauthorized access caused by the Client’s failure to maintain adequate security over their credentials or internal access controls.
Beta Features
From time to time, MKController may offer beta features or experimental tools. Such features are provided “as is,” with no warranty, and may be modified or discontinued at any time without notice.
Clients use beta features at their own risk and acknowledge that they may contain bugs, incomplete functionality, or may not be supported in future releases.
Data Processing
MKController acts exclusively as a data processor, as defined by applicable data protection laws, including but not limited to the Lei Geral de Proteção de Dados (LGPD - Brazil) and the General Data Protection Regulation (GDPR - EU). MKController does not determine the purposes or means of personal data processing conducted via its platform.
Clients are solely and entirely responsible, in their capacity as data controllers, for:
The collection, entry, transmission, and management of personal data on the MKController platform;
Ensuring compliance with all relevant data protection regulations in their jurisdiction(s);
Obtaining any required consents, legal bases, or authorizations from End Users or other data subjects.
MKController expressly disclaims any liability related to the legality, accuracy, or appropriateness of data processed by Clients, including potential misuse, misclassification, or violations of applicable privacy rights.
The platform processes and stores only the minimum data necessary to enable the technical and contractual execution of the Services. All such processing is performed in accordance with MKController’s internal security protocols and infrastructure safeguards.
For further details regarding MKController’s technical handling of data, its security measures, and limitations of responsibility, please refer to our Privacy Policy.
Data Localization and Cross-Border Transfers
By using the MKController platform, the Client acknowledges and agrees that personal data may be transferred to and processed in countries where MKController or its infrastructure providers maintain operations.
It is the Client’s responsibility to ensure that such transfers are permitted under applicable law and, if necessary, to enter into additional agreements or data processing addenda to support lawful international transfers.
Payment
MKController’s billing model is based on the number of adopted Devices (measured in Slots) and any optional features or add-ons contracted by the Client, such as Ubiquiti controllers, content filters, or other premium services.
Billing is conducted on a monthly basis, with charges automatically generated on the 1st calendar day of each month.
Upon subscribing to the Services, the Client will be charged a prorated amount corresponding to the number of remaining days in the current billing cycle (i.e., from the subscription date until the last day of that month). Regular monthly charges then commence on the 1st day of the following month, covering the entire billing period.
Example: If the Client activates the subscription on the 15th of the month, they will initially be billed only for the remaining 15 or 16 days (depending on the month), and then billed the full monthly amount on the 1st of the next month.
The Client acknowledges that:
Charges apply regardless of whether the acquired Slots are actively in use, as they remain reserved and allocated to the Client’s account;
Fees are non-refundable except where expressly required by applicable law or agreed in writing;
The Client is responsible for maintaining valid payment information to avoid service interruption.
Cancellation
To permanently terminate billing and discontinue Services, the Client must fully and irrevocably delete their MKController account, following the step-by-step procedures outlined in the Knowledge Base or as otherwise communicated in writing by MKController.
The mere deletion or disconnection of Devices from the platform does not constitute cancellation. As long as Slots remain active and associated with the Client’s account, charges will continue to accrue on a monthly basis, in accordance with the contracted Billing Model.
MKController reserves the right to continue billing the Client until complete account deletion is confirmed through the prescribed cancellation process.
By accepting these Terms, the Client acknowledges and agrees that:
Charges are incurred for the reservation and availability of Slots, regardless of their active use;
No refunds or partial credits will be issued, including for unused time, unused Slots, or mid-cycle cancellations, except where required by applicable law;
The responsibility to initiate and confirm account cancellation lies exclusively with the Client.
Network Mapping
By creating an account and adopting Devices within the MKController platform, the Client expressly authorizes MKController to perform automated technical scans of its network infrastructure. This process is strictly limited to:
Identifying devices eligible for adoption within the MKController platform;
Assessing connectivity and compatibility for proper onboarding and configuration.
Such scans are non-invasive and are executed solely to ensure the operational integrity, performance, and efficiency of the Services contracted. MKController does not collect, inspect, or interfere with client data traffic, internal configurations, or unrelated third-party devices.
This network mapping activity is performed only when triggered by the Client through the device adoption process.
MKController undertakes to limit such technical operations to the minimum scope required, in accordance with best security practices and applicable data protection laws. No data obtained through this process is retained beyond what is strictly necessary for the platform to operate as intended.
Ads and Marketing
The MKController platform may enable Clients to create, distribute, and manage advertising or promotional campaigns, including but not limited to:
Banners or visual content;
Promotional emails or SMS messages;
Internet vouchers and sponsored access;
Other communications directed at End Users.
Clients are solely responsible for the content, distribution, legality, and compliance of any marketing campaigns or communications they initiate through the platform. This includes, without limitation, ensuring that all campaigns:
Comply with applicable data protection and advertising laws, including the General Data Protection Regulation (GDPR), Brazil’s LGPD, CAN-SPAM Act (USA), and any other relevant legislation in the jurisdictions of their End Users;
Clearly identify the sender and the purpose of the communication;
Provide a clear and functional opt-out mechanism for recipients, where required.
MKController acts solely as a technical service provider and does not create, review, approve, or monitor any content or campaign sent by Clients. Accordingly, MKController disclaims all liability arising from or related to the content, delivery, or regulatory compliance of such campaigns.
All complaints, data subject requests, or legal notices related to advertising or marketing must be directed exclusively to the responsible Client, acting in its role as the data controller.
MKController reserves the right to suspend or permanently revoke access to the platform in cases of suspected violations of law, abuse, or misuse of marketing functionalities.
Limitation of Liability
To the maximum extent permitted by applicable law, MKController shall not be held liable for any direct or indirect damages, losses, liabilities, costs, or expenses arising out of or related to the use—or inability to use—the Services, including but not limited to:
- Misuse or misconfiguration of the platform by Clients, their employees, contractors, or End Users;
- Failures, delays, or unavailability caused by third-party infrastructure, such as cloud providers, internet service providers, or external APIs;
- Interruptions or damages resulting from external events beyond MKController’s reasonable control, including but not limited to force majeure events, cyberattacks, denial-of-service (DoS) incidents, power outages, natural disasters, governmental actions, or labor disputes;
- Loss of data, revenue, profits, goodwill, business opportunities, or reputational harm, whether foreseeable or not;
- Any indirect, incidental, special, punitive, or consequential damages, even if MKController has been advised of the possibility of such damages.
In no event shall MKController’s total aggregate liability under these Terms, for any and all claims, exceed the total amount paid by the Client to MKController in the three (3) months immediately preceding the event giving rise to the claim.
Clients acknowledge and agree that this limitation of liability reflects a reasonable allocation of risk and forms an essential basis of the bargain between the parties.
Warranty Disclaimer
The Services provided by MKController are offered “as is” and “as available”, without warranties of any kind, either express or implied.
To the fullest extent permitted by law, MKController expressly disclaims all warranties, including but not limited to:
- That the Services will be uninterrupted, timely, secure, or error-free;
- That the Services will meet all functional requirements, expectations, or specific business needs of the Client;
- Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
The Client acknowledges that use of the platform is at their own discretion and risk.
Intellectual Property
All intellectual property rights in the MKController platform, including but not limited to software, documentation, UI/UX designs, processes, and trademarks, are and shall remain the exclusive property of MKController.
Clients are granted a limited, non-exclusive, non-transferable, and revocable license to use the Services solely for their internal business purposes, subject to these Terms. No rights are granted to reverse engineer, copy, reproduce, or distribute any part of the MKController platform without express written consent.
Third-Party Integrations
MKController may provide integrations with third-party tools, devices, APIs, or services. MKController does not guarantee the availability, accuracy, performance, or continued compatibility of such third-party integrations.
The Client acknowledges that any use of such third-party services is governed solely by the respective provider’s terms and conditions, and MKController disclaims all liability arising from or related to those services.
Service Level and Maintenance
MKController will make commercially reasonable efforts to maintain platform availability. However, the Client acknowledges that the Services may occasionally be unavailable due to:
- Scheduled maintenance;
- Emergency updates or patches;
- Failures beyond MKController’s reasonable control (e.g., hosting provider issues, DDoS attacks).
MKController does not guarantee 100% uptime and makes no commitment to a specific service level unless otherwise agreed in writing.
Disputes and Governing Law
These Terms shall be governed and interpreted in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the relationship between the parties shall be exclusively resolved in the courts located in Joinville, State of Santa Catarina, unless otherwise required by applicable consumer protection law or international jurisdictional rules.
Survival and Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall be deemed severed and shall not affect the validity or enforceability of the remaining provisions.
All clauses that, by their nature, should survive termination—including but not limited to limitations of liability, disclaimers, intellectual property rights, and governing law—shall survive any termination of the Client’s account or these Terms.
Entire Agreement and No Waiver
These Terms constitute the entire agreement between the Client and MKController concerning the subject matter herein and supersede all prior agreements, communications, and understandings, whether written or oral.
The failure of MKController to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision in the future.
Export Compliance
Clients represent and warrant that they are not located in a country subject to embargoes or sanctions imposed by Brazil, the United States, or the European Union, and are not listed on any restricted or prohibited persons list.
The Client agrees to comply with all applicable export control laws and regulations when using the Services.
Resale and Multi-Tenant Use
Unless expressly authorized in writing, Clients may not resell, sublicense, or offer the MKController platform as a managed or white-label service to third parties.
Multi-tenant usage or offering MKController as part of a bundled solution is prohibited without prior written approval and a custom agreement.
Force Majeure
MKController shall not be held 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, pandemic, war, terrorism, cyberattacks, labor disputes, utility failures, or governmental actions.
In such cases, MKController’s obligations will be suspended for the duration of the force majeure event.
Updates to Terms
MKController reserves the right to modify, update, or revise these Terms of Use at any time, at its sole discretion.
All changes will become effective upon publication, and Clients will be notified via email and/or through notices on the MKController platform or website.
It is the Client’s responsibility to review these Terms periodically. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
Contact
For questions or requests related to this Policy, please contact: