Terms of service

Terms of Service

These Terms of Service ("Terms") govern the use of product and service ("Services") provided by Demilamarie ("we," "us," "our") to customers ("you," "your"). By visiting our site and/or purchasing any item from Demilamarie, you agree to these Terms. Please read them carefully.

1. Overview

We provide email and SMS marketing services to promote our products or services, communicate with customers, and engage with our audience. By subscribing to or using our Services, you agree to comply with these Terms and all applicable laws and regulations.

2. Subscription

  • Account Registration: You are responsible for maintaining accurate  information and for the security of your purchase information.
  • Eligibility: By using our Services, you confirm that we are authorized to send email and SMS communications to you as our customer and that we have obtained the necessary consent from you to receive such communications.

3. Email Marketing

  • Opt-In Consent: We agree to send emails to customers who have voluntarily opted in to receive communications from us or associated partner. You may provide an easy and clear way for customers to subscribe and unsubscribe from your emails.
  • Content of Emails: We may provide for the content of our email campaigns, including any promotional materials, offers, and advertisements. 
  • Unsubscribing: Every marketing email sent must include a clear and easy-to-use method for recipients to unsubscribe or opt out from future communications.

4. SMS Marketing

  • Opt-In Consent for SMS: We may send SMS messages to customers who have opted in to receive marketing communications via SMS. We may ensure that customers explicitly consent to receiving SMS messages from you.
  • Message Frequency & Costs: We may or may not clearly disclose the frequency of SMS messages and any associated costs to customers at the point of opt-in. We do not charge customers directly for the SMS messages, but standard carrier message rates may apply.
  • Stop/Opt-Out Instructions: Each SMS message may or may not include a clear opt-out mechanism (e.g., "Reply STOP to unsubscribe") to allow recipients to withdraw consent at any time.

5. Data Collection & Privacy

  • Customer Data: By using our Services, you acknowledge and agree that you will provide us with certain customer data (e.g., email addresses, phone numbers, preferences) for the purposes of email and SMS marketing.
  • Data Privacy & Security: We are committed to protecting your customer data and will take reasonable measures to ensure the security and confidentiality of that data. 

6. Use of Services

  • Marketing Campaigns: You agree to use our email and SMS marketing services only for lawful purposes and in compliance with these Terms. You are prohibited from using our Services to engage in spamming, phishing, or any illegal activity.
  • Prohibited Content: You are prohibited from sending content that is abusive, harassing, offensive, or otherwise violates the rights of any third party, including but not limited to intellectual property rights.

7. Termination

  • Termination by You: You may terminate your account at any time by contacting us or through your account settings.
  • Termination by Us: We may suspend or terminate your account if you violate these Terms, engage in illegal activity, or fail to make payment for Services.
  • Data Deletion: Upon termination, you may request deletion of any data associated with your account. We will retain your data only as required by law or for legitimate business purposes.

8. Limitation of Liability

  • No Warranty: Our Services are provided on an "as-is" basis. We do not guarantee that the Services will be uninterrupted, error-free, or meet your specific needs. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  • Limitation of Liability: Our total liability under these Terms shall not exceed the amount you have paid for the Services in the past 12 months. We shall not be liable for indirect, incidental, or consequential damages. Demilamarie, our directors, agents, suppliers, service providers, employees, affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless Demilamarie, its employees, affiliates, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, or any third-party claims related to your content or marketing practices.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

10. Modifications to Terms

We may update or modify these Terms from time to time. Any changes will be posted on our website accordingly. Your continued use of the Services after the changes will constitute your acceptance of the updated Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of United States, without regard to its conflict of laws principles.

12. Contact Information

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

  • Email: Demilamarie@gmail.com