1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and Denny Cherry & Associates Consulting, LLC ("Company," "we," "us," or "our") governing your access to and use of the Your DMARC Exposed service, including the website at www.yourdmarcexposed.com and any related applications or services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 18 years of age and have the authority to enter into a binding agreement on behalf of yourself or the organization you represent. By using the Service, you represent and warrant that you meet these requirements.
3. Account Registration
To access the Service you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password confidential and not share it with any third party
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your account
4. Permitted Use
You may use the Service solely for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service to monitor domains you do not own or are not authorized to manage
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Reverse engineer, decompile, or disassemble any component of the Service
- Use the Service to transmit spam, malware, or any harmful content
- Resell, sublicense, or otherwise make the Service available to third parties without our written consent
- Use automated tools to scrape, crawl, or extract data from the Service beyond normal API usage
- Violate any applicable local, state, national, or international law or regulation
5. Subscription Plans and Payment
The Service is offered under various subscription plans, including a free trial. Paid plans are billed monthly. By subscribing to a paid plan, you authorize us (or our payment processor) to charge your designated payment method on a recurring monthly basis.
Payments may be processed by Stripe or through the Microsoft Azure Marketplace, depending on how you subscribed. All fees are non-refundable except as required by applicable law or as otherwise stated in these Terms.
We reserve the right to change pricing at any time. We will provide at least 30 days' notice of any price change. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.
6. Free Trial
We may offer a free trial period for new accounts. At the end of the trial, your account will revert to a limited state unless you upgrade to a paid plan. No credit card is required for the free trial. We reserve the right to modify or discontinue the free trial offer at any time.
7. Cancellation
You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of the current billing period; you will retain access to the Service until that date. We do not provide prorated refunds for unused portions of a billing period.
8. Intellectual Property
The Service and all content, features, and functionality thereof — including but not limited to software, text, graphics, logos, and data — are owned by the Company or its licensors and are protected by applicable intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or other proprietary materials.
You retain ownership of the domain data and DMARC report data associated with your account. By using the Service, you grant us a limited license to process and store that data solely to provide the Service to you.
9. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.
10. Disclaimer of Warranties
THE SERVICE IS 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another party.
13. Termination
We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.
Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including sections on intellectual property, disclaimers, limitation of liability, and indemnification.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of California.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
16. Contact Us
If you have questions about these Terms, please contact us:
Denny Cherry & Associates Consulting, LLCEmail: legal@dcac.com