Terms of Service

1. Acceptance and Eligibility

These Terms of Service (the "Terms") form a binding agreement between you and DMARC Engine ("DMARC Engine", "we", "us" or "our") and govern your access to and use of our websites, applications, dashboards, application programming interfaces, hosted services and the free tools we make available (together, the "Service"). By creating an account, clicking to accept, or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Service.

You must be at least 18 years old and capable of forming a legally binding contract to use the Service. If you use the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and references to "you" include that organisation. The Service is intended for business and professional use in connection with domains and email infrastructure that you own or are authorised to administer.

2. Definitions

In these Terms: "Account" means the account you create to access the Service. "Customer Data" means data, content, domain configurations, DNS records, aggregate and forensic report data, contact details and other information that you or your users submit to, store in, or generate through the Service. "Documentation" means the user guides, knowledge base articles and help materials we publish. "DNS Records" means the domain name system records (including DMARC, SPF, DKIM, MTA-STS and BIMI records) that the Service manages or recommends. "Free Tools" means any scanners, checkers, lookups or analysers we offer without charge. "Subscription" means a paid plan for the Service. "User" means an individual you authorise to use the Service under your Account.

3. Description of the Service

DMARC Engine is a hosted email-authentication platform. Depending on your plan, the Service may include: hosted configuration and management of DMARC, SPF, DKIM, MTA-STS and BIMI; hosting and delegation of the relevant DNS records on your behalf; collection, parsing and analysis of DMARC aggregate (and where applicable forensic) reports; continuous monitoring of your authentication posture and DNS records with alerts when relevant changes or failures are detected; and done-for-you enforcement, in which we stage and progress your policy towards a quarantine and ultimately a reject policy (p=reject) in a controlled manner. The Service is operated on Cloudflare infrastructure, including D1, R2 and KV.

We also publish Free Tools that allow anyone to look up and analyse public DNS and authentication records. Free Tools are provided for convenience and informational purposes only, may be rate-limited, and are offered without any warranty or service commitment. We may add, change, suspend or remove features, plans or Free Tools at any time, as described in section 17.

4. Accounts and Security

You are responsible for maintaining the confidentiality and security of your Account credentials, including passwords, multi-factor authentication factors, session tokens and API keys. You are responsible for all activity that occurs under your Account and through your API keys, whether or not authorised by you. You agree to provide accurate, current and complete information and to keep it up to date. You must notify us promptly at hello@dmarcengine.com if you suspect any unauthorised access to or use of your Account, or any other breach of security. We are not liable for any loss arising from unauthorised use of your Account where you have failed to safeguard your credentials.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not, and must not permit any User or third party to:

• use the Service in violation of any applicable law, regulation or third-party right, or in connection with domains or systems you are not authorised to administer;
• use the Service to send, facilitate or support unsolicited bulk or commercial email (spam), phishing, spoofing, malware distribution or any deceptive or fraudulent messaging practice;
• interfere with, disrupt, overload, or attempt to gain unauthorised access to the Service, its infrastructure, or other users' accounts or data;
• probe, scan or test the vulnerability of the Service, or circumvent any security, rate-limiting or authentication measure, except under a separate written authorisation from us;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, structure or underlying ideas of the Service, except to the extent this restriction is expressly prohibited by applicable law;
• resell, sublicense, rent or otherwise commercially exploit the Service without our prior written consent;
• use the Service to build a competing product or to benchmark for the benefit of a competitor.

We may investigate suspected violations and may suspend or terminate access in accordance with section 16. You remain responsible for the conduct of your Users.

6. Customer Data and Ownership

As between you and us, you retain all right, title and interest in and to your Customer Data, including your domain configurations and report data. We claim no ownership over Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process, display and otherwise use Customer Data solely as necessary to provide, secure, maintain and improve the Service, to generate analytics and alerts for you, and to comply with law. We may use aggregated and de-identified data that does not identify you or any individual for the purpose of operating and improving the Service. You are responsible for the accuracy, quality and legality of Customer Data and for having the necessary rights to provide it to us. Our handling of personal data is further described in our Privacy Policy.

7. DNS and Email-Delivery Disclaimer

Email authentication and DNS changes carry inherent risk. SPF, DKIM, DMARC, MTA-STS and BIMI directly affect whether and how your email is accepted, quarantined or rejected by receiving systems. Although we stage changes carefully, follow recognised good practice, and progress enforcement gradually, you acknowledge and agree that you remain responsible for your own domains, DNS zones and mail infrastructure, and for reviewing and approving the changes we propose or apply on your behalf. We do not guarantee that your email will never be affected, delayed, quarantined or rejected, that deliverability will improve, or that a particular outcome at any mailbox provider will be achieved. Receiving systems, intermediaries and registrars are outside our control. You are responsible for maintaining accurate records of your legitimate sending sources and for promptly informing us of changes to your mail estate.

8. Fees, Billing, Renewals, Refunds and Taxes

Paid plans are billed in advance on the cycle stated at purchase (for example monthly or annually) unless otherwise agreed in writing. Fees are quoted exclusive of taxes; you are responsible for all applicable taxes, duties and levies, except for taxes on our income. Unless required by law or expressly stated, fees are non-refundable and there are no refunds or credits for partial periods, downgrades, or unused features. Subscriptions renew automatically for successive periods at the then-current rate unless cancelled before the renewal date. We may change pricing on renewal by giving reasonable prior notice. If we are unable to collect payment when due, we may suspend or downgrade the Service after notice. You authorise us and our payment processors to charge your designated payment method for all amounts due.

9. Third-Party Services

The Service relies on and may interoperate with third-party services, including Cloudflare infrastructure, payment processors, email delivery providers, DNS registrars and the mailbox providers that send DMARC reports. Your use of those services may be subject to their own terms, and we are not responsible for their acts, omissions, availability or content. We may engage subprocessors to help deliver the Service. Where you connect a third-party account or grant us access to your DNS or mail systems, you confirm you are authorised to do so.

10. Intellectual Property

The Service, including all software, designs, text, graphics, Documentation, trademarks and the look and feel, is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved. You may not remove or obscure any proprietary notices. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

11. Confidentiality

Each party may have access to non-public information of the other that is marked or reasonably understood to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to its personnel and advisers who need to know and are bound by confidentiality obligations. These obligations do not apply to information that is or becomes public without breach, was already known, is independently developed, or is rightfully received from a third party, and do not prevent disclosure required by law provided reasonable notice is given where lawful.

12. Warranties and Disclaimers

Each party warrants that it has the authority to enter into these Terms. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, THE FREE TOOLS AND THE DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will achieve any particular deliverability, compliance or business outcome. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, and nothing in these Terms limits warranties or remedies that cannot be excluded by law.

13. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or exemplary damages, or for any loss of profits, revenue, goodwill, data, or business opportunity, arising out of or related to the Service or these Terms, whether in contract, tort (including negligence) or otherwise, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability arising out of or related to these Terms and the Service will not exceed the total fees you paid to us for the Service in the twelve months immediately preceding the event giving rise to the claim (or, for Free Tools used without charge, one hundred pounds sterling). Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

14. Indemnity

You agree to defend, indemnify and hold harmless DMARC Engine and its officers, employees and agents from and against any claims, liabilities, damages, losses and reasonable expenses (including legal fees) arising out of or related to: your Customer Data; your use of the Service in breach of these Terms or applicable law; your violation of any third-party right; or your management of your domains, DNS or mail infrastructure. We will notify you of any such claim, allow you to control the defence (provided any settlement that imposes obligations on us requires our prior written consent), and cooperate reasonably at your expense.

15. Service Availability

We aim to keep the Service available and reliable, but unless we have agreed a separate written service level agreement (SLA) with you, the Service is provided without any uptime, response-time or availability guarantee. We may carry out scheduled or emergency maintenance, and availability may be affected by factors outside our control, including third-party infrastructure, networks and force majeure events. Where an SLA applies, the remedies stated in that SLA are your sole and exclusive remedy for any failure to meet the committed availability.

16. Suspension and Termination

You may stop using the Service at any time and may cancel a Subscription effective at the end of the current billing period. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms (including the acceptable-use policy), fail to pay fees when due, create a risk or possible legal exposure for us, or if required by law. Where practicable and not prohibited, we will give notice and an opportunity to cure. On termination, your right to use the Service ceases. For a period of 30 days after termination you may request an export of your Customer Data, after which we may delete it in the ordinary course, subject to legal retention requirements. Sections that by their nature should survive termination (including ownership, confidentiality, disclaimers, limitation of liability, indemnity and governing law) will survive.

17. Changes to the Terms and the Service

We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice, for example by posting the updated Terms with a new "Last updated" date or by notifying you through the Service or by email. Changes take effect on the date stated, and your continued use of the Service after that date constitutes acceptance of the revised Terms. We may also evolve, improve, add to or discontinue features, plans and Free Tools. We will not materially reduce the core functionality of a paid Subscription during a paid period without offering a reasonable remedy.

18. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim, save that we may bring proceedings to protect our intellectual property or confidential information in any competent court. Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute through written notice and discussion between senior representatives.

19. General

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will continue in full force and effect (severability). You may not assign or transfer these Terms or any rights under them without our prior written consent; we may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets, with notice. These Terms, together with our Privacy Policy and any order, plan details or SLA we agree with you, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings. No failure or delay in exercising a right is a waiver of it. Nothing in these Terms creates a partnership, agency or joint venture. We may give notices to you through the Service or to your Account email; you should send legal notices to hello@dmarcengine.com. Neither party is liable for delay or failure to perform due to events beyond its reasonable control.

20. Contact

For questions about these Terms, contact us at hello@dmarcengine.com. For privacy-related enquiries, contact privacy@dmarcengine.com.