Terms of service

These Terms of Service (“Terms”) govern access to and use of the dmarced domain security and email authentication monitoring service (the “Services”), provided by Wierk S.à r.l., a company incorporated under the laws of Luxembourg, having its registered office at 8, Beforterstrooss, L-9365 Eppeldorf, Luxembourg, registered with the Luxembourg Trade and Companies Register under number B244365 (“Company”, “we”, “us”, or “our”).

By registering for or using the Services, you (“Customer” or “you”) agree to be bound by these Terms.

1. Definitions

For the purposes of these Terms:

• “Customer Data” means data and content submitted to, processed by, or generated through the use of the Services by or on behalf of the Customer.

2. Services

The Services provide domain security and email authentication monitoring functionality, including but not limited to the processing of DMARC aggregate reports, DNS record monitoring, and related analysis, alerting, and reporting features.

3. Accounts

Access to certain features of the Services requires the creation of an account. Customer agrees to provide accurate and complete information during registration and to keep such information up to date.

Customer is responsible for maintaining the confidentiality and security of account credentials and for all activities carried out under its account. If the account is created on behalf of an organization, the individual registering represents that they are authorized to bind that organization to these Terms.

Customer shall promptly notify us of any unauthorized access to or use of its account.

4. Acceptable use

Customer shall use the Services only in compliance with applicable laws and these Terms.

Customer shall not:

• Use the Services in a manner that violates applicable laws or regulations;
• Use the Services to engage in fraudulent, deceptive, or unlawful activities;
• Interfere with or disrupt the integrity, security, or performance of the Services;
• Attempt to gain unauthorized access to the Services or related systems or networks;
• Use the Services in a way that exceeds the scope of the subscription or plan purchased;
• Use the Services to develop, offer, or operate a product or service that competes with the Services.

5. Fees & payments

Certain parts of the Services require payment of subscription fees. Applicable fees, billing cycles, scope, and limits are described in an offer, on the website, or in the applicable order confirmation.

Subscription fees are billed in advance on a recurring basis (monthly, quarterly, or annually, as selected). Unless cancelled before the end of the current billing period, the subscription renews automatically.

Customer is responsible for providing accurate billing information and agrees to pay all applicable fees using the selected or agreed payment method.

Fees are exclusive of applicable taxes, which will be added where required by law.

We may modify subscription fees from time to time. Any price changes will take effect at the start of the next renewal period and will be communicated thirty (30) days in advance.

If payment is not received by the applicable due date, we may suspend access to the Services after reasonable notice and until payment is received. Suspension does not relieve Customer of payment obligations.

Except as required by applicable law, fees are non-refundable.

Notwithstanding the above, Customer may cancel the initial subscription within fourteen (14) days from the start of the first paid billing period and receive a full refund of any subscription fees paid for that initial period. This right applies once per Customer and only with respect to the first subscription purchase. Cancellation must be made via the account settings or by contacting support@dmarced.eu. Refunds will be issued using the original payment method.

6. Data protection

Our Privacy Policy, available at https://dmarced.eu/en/legal/privacy, explains how we collect, use, and protect personal data in our capacity as a controller. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

To the extent that we process personal data on your behalf as a data processor under applicable Data Protection Laws, the Data Processing Agreement (“DPA”) available at https://dmarced.eu/en/legal/dpa is incorporated into and forms an integral part of these Terms. By accepting these Terms or using the Services, you agree to be bound by the DPA.

7. Intellectual property

The Services and all related software, technology, content, and materials are and remain the exclusive property of the Company and its licensors. All rights not expressly granted under these Terms are reserved.

Subject to compliance with these Terms and payment of applicable fees, the Company grants Customer a limited, non-exclusive, non-transferable right to access and use the Services for its internal purposes.

Customer retains all rights in and to any data, content, or materials submitted to or processed through the Services (“Customer Data”). These Terms do not transfer any ownership rights in the Services to Customer.

8. Limitation of liability

The Services are provided on a monitoring and reporting basis. The Company undertakes to provide the Services with reasonable skill and care in accordance with applicable professional standards. However, the Company does not guarantee that the Services will prevent security incidents, detect all threats, or achieve any specific security or compliance outcome.

To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, or business interruption, arising out of or in connection with the Services, even if advised of the possibility of such damages.

The Company’s total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the total subscription fees paid by Customer to the Company in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for intent, gross negligence, or any liability that cannot be excluded or limited under applicable law.

9. Indemnification

Customer shall indemnify and hold the Company harmless against any third-party claims, damages, losses, and reasonable costs (including legal fees) arising out of or in connection with:

• Customer’s use of the Services in violation of these Terms or applicable law;
• Customer’s infringement of any third-party rights;
• Content, data, or domain configurations provided or controlled by Customer.

This indemnification obligation shall not apply to the extent the claim results from the Company’s own breach of these Terms or applicable law.

10. Termination

Customer may cancel the subscription at any time by using the account settings or contacting support@dmarced.eu. Cancellation will take effect at the end of the current billing period, unless otherwise provided in these Terms.

We may suspend or terminate access to the Services if Customer materially breaches these Terms, fails to pay applicable fees, or if suspension is reasonably necessary to protect the security, integrity, or lawful operation of the Services. Where practicable, we will provide prior notice and an opportunity to remedy the breach.

Upon termination or expiration of the Services, Customer may request an export of Customer Data within thirty (30) days following termination. After this period, Customer Data will be deleted in accordance with our retention practices and, where applicable, the Data Processing Agreement.

11. Changes

We may update these Terms from time to time to reflect changes in the Services, legal requirements, or business practices.

If a change materially affects Customer’s rights or obligations, we will provide at least thirty (30) days’ prior notice (for example, by email or through the Services). Non-material changes may take effect immediately upon publication.

Continued use of the Services after the effective date of updated Terms constitutes acceptance of the changes. If Customer does not agree to a material change, Customer may terminate the subscription before the updated Terms take effect.

12. Governing law

These Terms shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to its conflict of law principles.

For customers acting in the course of a business or professional activity, the courts of Diekirch shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

If Customer is a consumer, mandatory consumer protection laws of the country of residence may apply, and disputes may be brought before the competent courts of that country.