Terms of Service

1. Agreement to Terms

By accessing or using our website at dmarpket.com ("Site") or any of our digital tools and services (collectively, the "Services"), you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

We may modify these Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore.

2. Definitions

In these Terms, the following definitions apply:

• "Account" means the account created by a User to access and use the Services.
• "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
• "Subscription" means a recurring payment for access to certain Services at specified intervals.
• "User" means an individual who accesses or uses the Services.
• "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

3. Account Registration and Use

3.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

3.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

3.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

3.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

4. Services and Subscriptions

4.1 Service Description

DmarpKet provides digital tools and resources for developers, including but not limited to development utilities, frameworks, and resources. The specific features and functionality of each Service are described on our Site and in the applicable documentation.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4.3 Subscriptions

Some of our Services require a Subscription. By purchasing a Subscription, you agree to the following:

• You authorize us to charge your payment method on a recurring basis until you cancel.
• Subscription fees are charged at the beginning of each billing period.
• You may cancel your Subscription at any time, but no refunds will be provided for the current billing period.
• We may change Subscription fees upon notice. If you do not agree to the fee change, you must cancel your Subscription before the change takes effect.

4.4 Trial Periods

We may offer trial periods for certain Services. If you do not cancel before the trial period ends, you will be charged for the Subscription. You are responsible for keeping track of the trial period end date.

5. Payment and Billing

5.1 Payment Methods

We accept various payment methods as specified on our Site. You represent and warrant that you have the legal right to use any payment method(s) you provide.

5.2 Billing Information

You agree to provide accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.

5.3 Taxes

Unless otherwise stated, all fees are exclusive of applicable taxes (such as sales tax, value added tax, etc.), which you are responsible for paying.

5.4 Late Payments

If your payment cannot be processed for any reason, we reserve the right to suspend or terminate your access to the Services until payment is received.

6. User Content

6.1 Responsibility for User Content

You are solely responsible for any User Content that you post, upload, publish, submit, or transmit through the Services. You represent and warrant that:

• You own or have the necessary rights to use and authorize others to use your User Content;
• Your User Content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other rights;
• Your User Content complies with these Terms and all applicable laws and regulations.

6.2 License to User Content

By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit your User Content in connection with operating and providing the Services.

6.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we determine in our sole discretion is harmful, offensive, or otherwise objectionable.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and all Content provided by us are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly permitted in these Terms, you may not:

• Modify, copy, create derivative works of, reverse engineer, decompile, or disassemble any portion of the Services;
• Rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Services or any Content;
• Use the Services or Content for any commercial purpose or for the benefit of any third party;
• Remove any proprietary notices or labels on the Services or Content.

7.2 Feedback

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we have the right to use and fully exploit such Feedback in any manner we deem appropriate.

7.3 DMCA Compliance

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please submit copyright infringement notices to: copyright@dmarpket.com

8. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Services for any illegal purpose or in violation of any local, state, national, or international law;
• Harassing, threatening, intimidating, or impersonating any person or entity;
• Interfering with or disrupting the Services or servers or networks connected to the Services;
• Attempting to gain unauthorized access to the Services, other users' accounts, or computer systems or networks connected to the Services;
• Using any automated means, including bots, scrapers, or spiders, to access the Services;
• Circumventing or modifying any security or authentication measures;
• Transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• Collecting or harvesting any information from the Services, including user account information;
• Submitting false or misleading information;
• Using the Services in a manner that exceeds reasonable usage limits or constitutes excessive use of server resources.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DMARPKET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless DmarpKet, its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Services;
• Your violation of these Terms;
• Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
• Any claim that your User Content caused damage to a third party.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice or conflict of law provision or rule.

12.2 Dispute Resolution

Any legal action or proceeding relating to your access to, or use of, the Services or these Terms shall be instituted in the courts of the United Kingdom. You and DmarpKet agree to submit to the personal jurisdiction of such courts.

12.3 Informal Resolution

Before filing a claim against DmarpKet, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days of submission, you or DmarpKet may bring a formal proceeding.

13. Miscellaneous

13.1 Entire Agreement

These Terms constitute the entire agreement between you and DmarpKet regarding the Services and supersede all prior and contemporaneous written or oral agreements.

13.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DmarpKet.

13.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction.

13.5 Notices

Any notices or other communications provided by DmarpKet under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site and/or via email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Contact Us

If you have any questions about these Terms, please contact us at: