These Terms & Conditions ("Terms") govern your access to and use of the website located at demsen.solutions (the "Site") and the services provided by Demsen ("Demsen," "we," "us," or "our") (collectively, the "Services"). By accessing or using the Site or Services, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, do not use the Site or Services.
01Acceptance of terms
By using the Site or engaging Demsen for Services, you confirm that you have read, understood, and agree to these Terms, along with our Privacy Policy, which is incorporated by reference. These Terms apply to all visitors and clients.
02Description of services
Demsen provides marketing and lead-response services, which may include automated missed-call text-back, review generation, lead follow-up, and related communications and automation services. The specific scope, deliverables, and pricing of Services engaged by a Client will be set out in a separate service agreement, proposal, or order form ("Service Agreement"). In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement controls.
03Eligibility
You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the business you represent. By using the Services, you represent and warrant that you meet these requirements.
04Client responsibilities
As a condition of using the Services, you agree to:
- Provide accurate, current, and complete information;
- Use the Services only for lawful purposes and in compliance with all applicable laws and regulations;
- Obtain and maintain all necessary rights, permissions, and consents for any data, contacts, or content you provide to us;
- Not use the Services to send unlawful, harassing, deceptive, or unsolicited communications;
- Cooperate reasonably with us so that we can perform the Services.
05Messaging and consent compliance
Our Services may involve sending text messages and other communications on your behalf or on behalf of your business. You are solely responsible for ensuring that you have obtained all legally required consent from the individuals who will receive such messages, in compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable carrier requirements (including A2P 10DLC registration), and all other applicable laws.
You represent and warrant that any contact lists, phone numbers, or recipient data you provide to us were collected with the appropriate consent for the communications to be sent. You agree to honor all opt-out (STOP) requests promptly. Demsen is not responsible for communications sent using data or instructions you provide that do not comply with applicable law, and you agree to indemnify us for any resulting claims as described in Section 12.
06Fees and payment
Fees for the Services are set out in the applicable Service Agreement. Unless otherwise stated: setup fees are due before work begins; recurring fees are billed in advance on a card or payment method on file; and all fees are non-refundable except as expressly provided. Late or failed payments may result in suspension of Services. You are responsible for any applicable taxes.
07Term and cancellation
Unless a Service Agreement states otherwise, Services are provided on a month-to-month basis and automatically renew each billing period until cancelled. Either party may cancel with the notice period specified in the applicable Service Agreement. Upon cancellation, you remain responsible for fees incurred through the end of the then-current billing period.
08Intellectual property
All content on the Site, and all software, systems, workflows, templates, and materials developed or used by Demsen to provide the Services, are the property of Demsen or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from our materials without our prior written consent. Content and data you provide to us remain yours; you grant us a license to use it solely to provide the Services.
09Third-party services
The Services rely on third-party platforms and providers (for example, CRM, messaging, scheduling, and payment providers). Your use of those platforms may be subject to their own terms. We are not responsible for the acts, omissions, availability, or performance of third-party services.
10Disclaimers
The Site and Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any specific results, revenue, leads, bookings, or outcomes from the Services. Any figures, examples, or illustrations we provide are estimates only and are not promises of performance.
11Limitation of liability
To the maximum extent permitted by law, Demsen and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Site or Services. To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the amount you paid to us for the Services in the three (3) months preceding the event giving rise to the claim.
12Indemnification
You agree to indemnify, defend, and hold harmless Demsen and its owners, employees, and contractors from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms or any applicable law; (c) your breach of the messaging and consent obligations in Section 5; or (d) any data or content you provide to us.
13Governing law
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Pennsylvania, unless otherwise required by applicable law.
14Changes to these terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site or Services after changes take effect constitutes your acceptance of the revised Terms.
15Contact us
If you have questions about these Terms, contact us at:
Demsen
Email: hello@demsen.solutions
Website: demsen.solutions