Terms of Service

Effective Date: January 1, 2025

NOTICE: This Service provides technical information based on publicly available DNS records and third-party DMARC reports. The accuracy and completeness of this information depend entirely on external sources beyond our control. Users should independently verify all information and consult with qualified professionals before making decisions based on the Service's output.

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FLGXPL, a French company registered at the Tribunal de Commerce de Paris under number 810794164 ("Company," "we," "us," or "our"), governing your access to and use of the DMARCTrust service, including any content, functionality, and services offered on or through https://dmarctrust.com (the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. DESCRIPTION OF SERVICE

DMARCTrust provides domain-based message authentication, reporting, and conformance (DMARC) configuration monitoring and analysis services. The Service includes:

  • Domain DMARC configuration checking and analysis
  • DMARC report processing and visualization
  • Email authentication monitoring
  • Technical recommendations for DMARC implementation
  • Educational documentation and resources

The Service relies on external data sources, including but not limited to Domain Name System (DNS) records and DMARC reports submitted by third-party email providers.

2.1 Free and Paid Services

Certain portions of the Service, including but not limited to the domain checker tool and educational documentation, are currently provided free of charge ("Free Services"). However, you acknowledge and agree that:

  • The Company reserves the right, in its sole discretion, to convert any Free Service to a paid service at any time without prior notice
  • The Company may implement usage limits, rate limiting, or other restrictions on Free Services at any time
  • Free Services are provided without any service level agreement (SLA), uptime guarantee, or performance warranty
  • The Company may discontinue, modify, or restrict access to Free Services at any time
  • Priority support and enhanced features may be reserved for paid subscribers

Your continued use of the Service after any such changes constitutes acceptance of the modified terms and pricing structure.

3. SERVICE PROVIDED "AS IS"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE

The Company does not warrant that:

  • The Service will meet your specific requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the use of the Service will be accurate or reliable
  • Any errors in the Service will be corrected

4. DEPENDENCY ON THIRD-PARTY DATA

You expressly acknowledge and agree that:

  • The Service depends on data from third-party sources, including DNS providers, email service providers, and internet infrastructure operators
  • The Company has no control over the accuracy, reliability, or availability of such third-party data
  • DNS query results may vary based on geographic location, DNS provider, network conditions, and caching mechanisms
  • DMARC reports are generated and submitted by third parties according to their own schedules and technical capabilities
  • The Company cannot guarantee the completeness or timeliness of any data displayed by the Service

5. USER ACCOUNTS AND RESPONSIBILITIES

To access certain features of the Service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

You must not:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service
  • Use the Service to monitor domains you do not own or have explicit permission to monitor

6. INTELLECTUAL PROPERTY

The Service and its original content, features, and functionality are and will remain the exclusive property of FLGXPL and its licensors. The Service is protected by copyright, trademark, and other laws of both France and the United States. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7. PRIVACY AND DATA PROCESSING

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

When processing DMARC reports on your behalf, we act as a data processor. You acknowledge that:

  • DMARC reports may contain IP addresses and other technical information
  • Some reports may contain personal identifying information (PII) such as email addresses or parts of email content
  • You have the necessary rights to process such data
  • You will comply with all applicable data protection laws
  • You will not use the Service to process or store PII without the necessary legal basis
  • We might share your data with third parties for the purpose of providing the Service (see 7.1)

7.1 Third-Party Service Providers and Subcontractors

In providing the Service, we may engage third-party service providers and subcontractors who may process your personal information and data ("Subcontractors"). You acknowledge and agree that:

  • We may share your information with Subcontractors as necessary to provide the Service
  • Current Subcontractors include, but are not limited to:
    • SimpleAnalytics: Website analytics and usage monitoring
    • Cloudflare: Content delivery network, security, and performance optimization
    • OVH: Hosting and infrastructure services
    • Stripe: Payment processing
  • This list of Subcontractors may be updated at any time without prior notice as we add, remove, or change service providers
  • Each Subcontractor may have access to personal information only to the extent necessary to perform their specific services
  • We require Subcontractors to maintain appropriate security measures and comply with applicable privacy laws
  • You consent to the processing of your personal information by our current and future Subcontractors

By using the Service, you acknowledge that your data may be processed in various jurisdictions where our Subcontractors operate, which may have different data protection laws than your jurisdiction.

8. FEES, PAYMENT AND TAXES

Certain features of the Service may be subject to payment of fees. All fees are quoted in United States Dollars (USD) and are non-refundable unless otherwise stated. You agree to pay all applicable fees and authorize us to charge your selected payment method.

We reserve the right to change the pricing structure at any time.

Taxes:

  • All fees are exclusive of applicable taxes, duties, and levies, including but not limited to VAT, GST, or other similar taxes
  • You are responsible for all applicable taxes, duties, and levies, including but not limited to VAT, GST, or other similar taxes

Our payment processor might charge you for some taxes for your convenience. You are ultimately responsibles for paying any other fees expected by your country or state of residence.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLGXPL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, OR USE
  • ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE
  • ANY DAMAGES ARISING FROM ERRORS OR OMISSIONS IN THE SERVICE
  • ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
  • ANY DAMAGES ARISING FROM RATE LIMITING, SERVICE INTERRUPTIONS, OR UNAVAILABILITY OF FREE SERVICES
  • ANY DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF OUR SUBCONTRACTORS OR THIRD-PARTY SERVICE PROVIDERS

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR FREE SERVICES, OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless FLGXPL and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your use of the Service caused damage to a third party

11. GOVERNING LAW AND JURISDICTION

After arbitration (see 12. DISPUTE RESOLUTION), these Terms shall be governed by and construed in accordance with the laws of our country of residence, without regard to its conflict of law provisions.

12. DISPUTE RESOLUTION

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation within ninety (90) days, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association.

13. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the revised Terms.

14. TERMINATION

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

15. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and FLGXPL regarding the use of the Service, superseding any prior agreements between you and FLGXPL relating to the Service.

17. CONTACT INFORMATION

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

FLGXPL
Email: [email protected]
Registered at: Tribunal de Commerce de Paris
Registration Number: 810794164