Last Updated: September 29, 2025
These Terms of Use (“Terms”) describe the terms and conditions under which you may access and use the services, website, software, communications, and tools (collectively, the “Services”) provided by Digital Concepts Marketing, LLC (digitalconceptsmarketing,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms, do not use the Services.
You represent that you have the legal capacity to enter into a binding agreement in your jurisdiction and that you are at least the minimum age of majority. Your access or use of the Services constitutes acceptance of these Terms. We reserve the right, at our sole discretion, to refuse, suspend or terminate access to anyone, for any reason, without prior notice or liability. We may also modify, suspend, or discontinue any part of the Services at any time, without liability, subject to applicable law.
Digital Concepts Marketing empowers businesses through consulting, clean data management, communications infrastructure, analytics, automation and message-delivery support. Some features may require you to register for an account. You agree to provide accurate and current registration information and to update that information as needed. You are responsible for safeguarding your account credentials and for all activities conducted under your account. If you suspect unauthorized use of your account, you must notify us immediately.
You agree that your use of the Services will comply with all applicable laws, regulations and industry standards. You will not use the Services to send or facilitate unsolicited, deceptive, fraudulent or otherwise unlawful communications. You must not interfere with or disrupt the integrity, performance or security of the Services. You will not attempt to decompile or reverse engineer our software except to the limited extent allowed by law. You are solely responsible for ensuring that your use of the Services complies with all applicable data-protection and consumer-communication regulations. Violation of these obligations may result in the suspension or termination of your access.
Digital Concepts Marketing may provide you with tools or services (the “Messaging Services”) that enable sending or receiving electronic communications such as email or SMS. The following high-level rules apply:
All intellectual-property rights in the Services—including software code, user interfaces, designs, trademarks and documentation—belong to Digital Concepts Marketing or its licensors. You are granted a limited, non-exclusive, non-transferable licence to access and use the Services as permitted by these Terms. When you upload, submit or transmit content through the Services (for example, email templates, lists or data), you retain ownership of that content. You grant Digital Concepts Marketing a worldwide, royalty-free licence to store, process, transmit and display your content to the extent necessary to provide, maintain and improve the Services. You represent that you have the necessary rights to your content and that its use will not violate any law or infringe any third-party rights. We may remove or disable content that we reasonably believe is unlawful or harmful.
Except for the limited licence expressly granted, nothing in these Terms transfers or grants any intellectual-property rights between the parties.
Some features of the Services may require payment. By selecting a paid plan or service, you agree to pay the fees associated with that plan, in the currency and on the schedule specified. Unless stated otherwise, all payments are non-refundable. You are responsible for any applicable taxes or duties. If payment is late or fails, we may suspend or terminate your access to paid features. We may modify prices or billing arrangements by posting an updated schedule; material changes will be communicated to you before they take effect. We may also correct billing errors or mistakes even after payment has been requested or received.
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Digital Concepts Marketing disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, availability or performance. We do not warrant that the Services will meet your expectations or that communications sent through the Services will achieve a specific result—such as guaranteed delivery, open rates or conversions. No advice or information, whether oral or written, obtained through the Services shall create any warranty not expressly stated herein. You use the Services at your own risk.
To the maximum extent permitted by law, Digital Concepts Marketing and its officers, employees, agents and affiliates will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages arising out of or related to your use of the Services. In no event will our aggregate liability exceed the greater of (a) the total fees you paid to us during the twelve (12) months prior to the event giving rise to the claim or (b) one hundred US dollars (USD 100). These limitations apply regardless of the legal theory on which a claim is based and even if we have been advised of the possibility of such damages. Digital Concepts Marketing shall not be liable for any loss or corruption of data, or costs of recovering such data.
You agree to defend, indemnify and hold harmless Digital Concepts Marketing, its officers, employees, agents and licensors from and against all claims, liabilities, damages, losses and expenses (including reasonable attorney’s fees) arising out of or related to (a) your breach of these Terms, (b) your misuse of the Services, (c) your violation of any law or third-party right or (d) any content or communications you transmit through the Services. Digital Concepts Marketing reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Digital Concepts Marketing in defending such claims.
We may suspend or terminate your access to the Services at any time, with or without cause or notice. Reasons may include violation of these Terms, suspected fraud, or behaviour that harms our systems or reputation. Upon termination, your right to use the Services ceases immediately. We may retain or delete data associated with your account in accordance with our retention policies and legal obligations, and may keep certain information for audit or compliance purposes. Sections of these Terms that by their nature should survive termination (such as intellectual-property rights, indemnification, and limitation of liability) will remain in effect.
Digital Concepts Marketing may revise these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website. Changes will take effect on the date indicated in the updated Terms. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services. The date of the last update will always be displayed at the top of these Terms.
These Terms and any dispute arising under them are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles. Before initiating arbitration, the parties agree to attempt in good faith to resolve any dispute through informal discussions or mediation. Any dispute that cannot be resolved informally will be resolved through binding arbitration in Cheyenne, Wyoming, unless a court of competent jurisdiction requires a different forum. You and Digital Concepts Marketing waive the right to jury trials and to participate in class actions to the fullest extent permitted by law. All claims must be brought individually.
If a court finds any provision of these Terms invalid or unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision. These Terms, together with the Privacy Policy and any additional policies incorporated by reference, constitute the entire agreement between you and Digital Concepts Marketing regarding your use of the Services, and they supersede all prior or contemporaneous agreements or communications.
