Please read dmarcian Canada, Inc.’s, a wholly owned subsidiary of dmarcian, Inc.’s, Terms of Service completely. These Terms of Service constitute a legally binding agreement between you and dmarcian Canada Inc., a corporation incorporated under the federal laws of Canada, having its registered office address located at 229 Yonge Street, Suite 400, Toronto, ON, M5B1N9 Canada (“dmarcian”, “we”), which govern your access and use of the Site at ca.dmarcian.com, and any other dmarcian.com websites (the “Sites”). By using or accessing the Sites in any way, viewing or browsing the Sites, or adding your own content to the Sites, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or use the Sites.
dmarcian reserves the right to terminate your access to the Sites, the dmarcian platform, the DMARC Reporting Service, and any other service made available on or through the Sites or the dmarcian platform (collectively, the “Services”), without any advance notice if you breach these Terms of Service.
Jurisdiction & Governing Law
Although accessible to users outside Canada, the Sites and their Content (as defined under the heading “Licenses and Intellectual Property” below) are intended for access and use by residents and organizations within Canada.
These Terms of Service and all matters relating to the Sites are governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. By accessing or using the Sites, you irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario. If you are located outside of Canada and are visiting the Sites, you do so entirely at your own risk and are solely responsible for complying with all applicable laws of the jurisdiction in which you are located. If you are located outside of Canada and are visiting the Sites, please be advised that any information you provide, including any content you add to the Sites, will be transferred to, and processed in Canada. By adding content or submitting any information to the Sites, you expressly authorize such information to be transferred to and processed in Canada.
Links to Other Websites
Changes to This Agreement
dmarcian reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Sites. Your decision to continue to visit and make use of the Sites after such changes have been made constitutes your formal acceptance of the new Terms of Service. Therefore, we ask that you check and review these Terms of Service for such changes on a periodic basis. Should you not agree to any provision of these Terms of Service or any changes we make to these Terms of Service, we ask and advise that you do not use or continue to access the dmarcian sites immediately.
Account Registration and Access
To register for the dmarcian DMARC Reporting Service and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing dmarcian with the information prompted by the Sites. You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the dmarcian Sites on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify dmarcian immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Sites.
You must be the older of: (i) 18 years; or (ii) at least the age of majority in the jurisdiction where you reside and from which you access and use the Sites to open an account.
dmarcian offers a range of subscription plans to the Site. Each plan includes a numerical range of data with limits to each plan. You will select your Plan as part of your registration for the Sites, which may begin with a Free 14 day Trial. Each subscription period for a Plan can be annual or monthly, based on your preference and payment method. You will be billed for the Plan annually or in less than annual increments (e.g. monthly), but regardless of your billing cycle, you are responsible for subscription fees for each subscription period which will be billed to the payment method you subscribed with. You are also responsible for any applicable taxes, including GST/PST/HST, applied to the plan(s) which are purchased, which are in addition to the subscription fees and will be billed to the payment method you subscribed with.
To view the specific details of your Plan, including pricing information and the end date of your subscription period, sign into your account and visit the account management page.
Billing Policies, Refunds, Overages, and Upgrade and Downgrade Terms
The fees for your Plan are billed in advance of each billing cycle. In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the dmarcian Site. You will not be charged any overage fees if you exceed the maximum number of recorded data allowed by your Plan in any one given month. However, if you exceed your Plan’s data limits for two consecutive months, you will be automatically upgraded to a subscription with a higher data limit than your current Plan. If you are on a monthly billing cycle, you will be charged for your upgraded Plan starting with the next applicable month after the upgrade. If you are not billed monthly, at the next applicable month after the upgrade, you will be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period. In either case, you will be at this upgraded Plan for the remainder of your subscription period.
Subscriptions to the Sites may begin with a free trial period during which you can try out the Site for 14 days from the date you register (the “Free Trial Period”). There is no limit to the amount of data recorded on a registered website during the Free Trial Period. You may cancel your Plan at any time during the Free Trial Period by following the steps described in the “account cancellation” section. Upon canceling your account, you may lose access to some data. dmarcian reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
Changes in Fees
We may change the fees for the Site at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs at least thirty (30) days after notice of our new fees or Plan changes.
Payment of Fees
As an express condition of your use of and access to the DMARC reporting, you agree to pay all fees applicable to your Plan via the Order Form, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Sites. We reserve the right to deactivate your access to the Sites immediately for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in Canadian Dollars.
Account Cancellation and Deletion
You may cancel your Plan by logging into your account, and navigating to the Billing & Usages page or emailing us at email@example.com. If you cancel your Plan, you may lose access, upon the expiration of your current pre-paid period, to the Site and any data or information stored in your account.
You may delete your account and its data by logging into your account, and navigating to the Preferences page, then selecting “Delete Account.” You may also email us at firstname.lastname@example.org for account deletion requests. To fully delete your DMARC data, you will also need to remove any references to dmarcian from your DMARC record.
Licenses & Intellectual Property
The Sites, the dmarcian platform, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork, computer code, and other content, excluding any Client Data (collectively, “Content”), including but not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Sites and the dmarcian platform is owned, controlled, or licensed by dmarcian or our Affiliates, and is protected by trade dress, copyright, patent, and trademark laws, together with various other intellectual property rights and unfair competition laws.
Except as expressly set forth herein: (1) no part of the Sites, the dmarcian platform, or any Content may be copied, reproduced, duplicated, copied, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed in any way (including “mirroring”), sold, resold, licensed, sublicensed, loaned, exploited, or used for any commercial purpose; (2) you will not, nor will you permit any person, to: (a) allow third-party access to all or any portion of the dmarcian platform; (b) work around, bypass, circumvent any technical limitations of the Site or the dmarcian platform, or use any tool to enable features or functionalities of the Site or the dmarcian platform that are otherwise disabled; (c) decompile, disassemble, reverse engineer, or create derivative works of or from the Site, the dmarcian platform, or any part thereof; (d) access the Site or the dmarcian platform, or monitor any material or information therefrom using any robot, spider, scraper, or other automated means; (e) attempt to gain unauthorized access to any portion or feature of the Site or the dmarcian platform, any other systems or networks connected to the Sites, the dmarcian platform, any dmarcian server, or to any services offered on or through the Site or the dmarcian platform, by hacking, password “mining”, or any other illegitimate means; or (f) use the Site, the dmarcian platform, or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or solicit the performance of any illegal activity or other activity which infringed the rights of dmarcian or any other person.
License to Client Data
We do not claim ownership to any data, text, designs, images, photographs, logos, graphics, sounds, music, artwork, videos, or other content that you add or submit to the Site (collectively, “Client Data”). You grant dmarcian a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, broadcast, reproduce, make available, display, translate, and create derivative works of your Client Data, for the purpose of providing the Services, and in order to perform our obligations and exercise our rights under these Terms of Service.
By adding or submitting Client Data, you represent and warrant that you have all rights, licenses, and consents required to license Client Data to dmarcian in accordance with these Terms of Service, and further represent and warrant that neither your Client Data, nor the license granted by you in such Client Data hereunder, infringes or violates the rights of any person or any applicable laws or regulations. Without in any way limiting the generality of the foregoing, for any Client Data that is or contains any “personal information”, as that term is defined by the Personal Information Protection and Electronic Documents Acts, SC 2000, c.5 (“PIPEDA”), you expressly represent and warrant that you have strictly complied with all applicable laws and regulations, including PIPEDA and any similar or equivalent legislation, in collecting, storing, using, and disclosing such personal information. Without in any way limiting the generality of the foregoing, by adding or submitting any personal information of a third party, you represent and warrant that you have obtained the express and knowledgeable consent of such third party (or in the case of a minor, the consent of his or her parents or legal guardians) to your sharing of such third party’s personal information and for dmarcian to use such personal information in connection with the Sites, the dmarcian platform, and any services provided on or through them, and in the manner contemplated by these Terms of Service.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE DMARCIAN PLATFORM, SERVICES, AND THE CONTENT IS AT YOUR OWN RISK. THE SITE, THE DMARCIAN PLATFORM, THE SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES, INCLUDING WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES OF DESCRIPTION, QUALITY, MERCHANTABILITY, SUITABILITY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE WITH USE AND/OR ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER DUTIES AND OBLIGATIONS, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, CUSTOM, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, HOWEVER ARISING. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, THE DMARCIAN PLATFORM, THE SERVICES, OR ANY CONTENT WILL BE SAFE, SECURE OR ERROR-FREE, OR THAT ANY OF THEM WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES. IN SUCH CASES, ANY WARRANTY THAT CANNOT BE EXCLUDED WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL DMARCIAN, OUR AFFILIATES (INCLUDING DMARCIAN, INC., OR ANY OF OUR RESPECTIVE, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, LICENSORS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “DMARCIAN RELEASEES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF COMPUTER RESOURCES, LOST OR CORRUPT DATA, REPROCUREMENT AMOUNT, OR ANY OTHER PECUNIARY LOSS WHATSOEVER, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), EQUITY, AT LAW, OR UPON ANY OTHER THEORY OF LIABILITY, ARISING FROM OR RELATING TO THESE TERMS OF SERVICE, THE SITES, THE DMARCIAN PLATFORM, THE SERVICES, THE CONTENT, OR ANY USE THEREOF BY YOU OR ANY OTHER PERSON, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. IN SUCH CASES, THE LIABILITY OF THE DMARCIAN RELEASEES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUSIONS AND LIMITATIONS CONTAINED ABOVE ARE REASONABLE IN SCOPE AND ARE NECESSARY IN ORDER FOR US TO PROTECT OUR INTEREST, AND CONSIDERABLE INVESTMENT, IN THE SITE, THE DMARCIAN PLATFORM, AND THE SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT DMARCIAN WOULD NOT HAVE PERMITTED YOU TO ACCESS OR USE THE SITE, THE DMARCIAN PLATFORM, OR THE SERVICES BUT FOR THE EXCLUSIONS AND LIMITATIONS CONTAINED HEREIN.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH OF THE DMARCIAN RELEASEES HARMLESS FROM AND AGAINST ANY :(1) CLAIM, DEMAND, ACTION, CAUSE OF ACTION, SUIT, ARBITRATION, INVESTIGATION, PROCEEDINGS, COMPLAINT, GRIEVANCE, CHARGE, PROSECUTION, ASSESSMENT OR REASSESSMENT, INCLUDING ANY APPEAL OR APPLICATION FOR REVIEW (COLLECTIVELY, “CLAIMS”), INCLUDING WITHOUT LIMITATION, ANY CLAIM BROUGHT BY ANY THIRD PARTY, AND (2) ANY LOSS, LIABILITY, DAMAGE, COST, EXPENSE, CHARGE, FINE, PENALTY OR ASSESSMENT, INCLUDING THE COSTS AND EXPENSES OF ANY ACTION, SUIT, PROCEEDING, DEMAND, ASSESSMENT, JUDGMENT, SETTLEMENT OR COMPROMISE, AND ALL INTEREST, FINES, PENALTIES AND REASONABLE PROFESSIONAL FEES AND DISBURSEMENTS (COLLECTIVELY, “LOSSES”) INCURRED BY THE DMARCIAN RELEASEES OR TO WHICH ANY OF THEM MAY BE SUBJECT ARISING OUT OF OR RELATING TO ANY BREACH OR VIOLATION BY YOU OR ANY PERSON ACCESSING THE SITE, THE DMARCIAN PLATFORM, THE SERVICES, OR ANY CONTENT WITH YOUR PERMISSION ON YOUR BEHALF OF: (A) THESE TERMS OF SERVICE; (B) ANY APPLICABLE LAWS OR REGULATIONS; OR (C) THE RIGHTS OF ANY THIRD PARTY.
Data Processing Addendum
dmarcian’s Data Processing Addendum is incorporated into this Agreement by this reference.
General Data Protection Regulation (GDPR)
Additionally, dmarcian’s collection and use of personal information of any European resident is also subject to the EU General Data Protection Regulation (GDPR).
GDPR is designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the region approach data privacy. The privacy and security of personal information is a dmarcian priority, and we are committed to helping our customers meet GDPR requirements. Visit our GDPR page for more insight.
These Terms of Service, including all documents incorporated by reference herein, constitute the entire agreement between you
and dmarcian relating to your use of the Sites, the dmarcian platform, and the Services, and supersedes all prior agreements and understandings between us with respect to such subject matter, including but not limited to, any prior version of these Terms of Service.
The failure of dmarcian to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service, or any portion thereof, is for any reason held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of these Terms of Service, and these Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within these Terms of Service.
All the terms and provisions of these Terms of Service will be binding upon and inure to the benefit of the parties to these Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives.
dmarcian will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer these Terms of Service, or any of your rights or obligations hereunder, to any third party without dmarcian’s prior written consent, to be given or withheld in dmarcian’s sole discretion.
The termination of these Terms of Service will not affect the survival and enforceability of any provision of these Terms of Service that is expressly or impliedly intended to remain in force after such termination. Without limiting the generality of the foregoing, the following Sections survive any termination of this Agreement: Jurisdiction & Governing Law, Fees, Licenses & Intellectual Property, License to Client Data, Disclaimers, Limitation of Liability, Indemnification, and General Provision.