Terms of Service

These Terms of Service ("Terms") govern your access to and use of DEMM OS, the website at www.demmmarketing.com, and any related services (collectively, the "Services") provided by DEMM LLC, doing business as DEMM Marketing ("DEMM," "we," "us," or "our"). By creating an account, starting a free trial, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility & Account

You must be at least 18 years old and have authority to enter into a contract on behalf of yourself or the business you represent. You are responsible for maintaining the security of your login credentials and for all activity under your account.

2. Subscriptions & Billing

• Plans: DEMM OS is offered in three monthly subscription tiers: Survivor ($99/month), Growth ($299/month), and Empire ($999/month). Add-on services and one-time setup fees may apply.
• Free Trial: Eligible new accounts may begin with a 7-day free trial on the Survivor tier. No credit card is required to start the trial. You may upgrade, downgrade, or cancel at any time during the trial.
• Billing: Paid subscriptions are billed monthly in advance via Stripe. Charges recur automatically until you cancel. You authorize us and Stripe to charge your payment method.
• Taxes: Fees do not include sales tax, VAT, or similar taxes, which you are responsible for paying where applicable.
• Price Changes: We may change subscription prices with at least 30 days' advance notice. Changes take effect at the start of your next billing cycle.

3. Cancellation & Refund Guarantee

You can cancel your subscription at any time from your account settings or by emailing hello@demmmarketing.com. Cancellation stops future renewals; you will continue to have access until the end of the paid billing period.

30-Day Money-Back Guarantee: If you do not save at least 10 hours per month using DEMM OS, you may request a 100% refund of your most recent monthly subscription fee within 30 days of that charge. To request a refund, email hello@demmmarketing.com with your account email and a brief explanation. Refunds are issued to your original payment method within 5–10 business days. The guarantee applies only to recurring subscription fees; one-time setup fees, add-on services, and third-party charges (e.g., ad spend, telephony) are non-refundable.

4. SMS & Messaging Terms (A2P 10DLC / TCPA)

By providing your mobile phone number, you expressly consent to receive recurring automated marketing, transactional, and account-related text messages from DEMM Marketing, including missed-call text-backs, appointment reminders, review requests, billing notices, promotional offers, and customer-support replies. Consent is not a condition of purchase.

• Message frequency varies (typically 2–10 messages per month).
• Msg & data rates may apply. Carriers are not liable for delayed or undelivered messages.
• Reply STOP to any message to opt out of marketing texts.
• Reply HELP for help, or email hello@demmmarketing.com.
• For full SMS terms and our consent practices, see our Privacy Policy.

When you use the Services to send SMS or email to your own contacts, you are the sender under the TCPA, CAN-SPAM, and similar laws. You represent and warrant that (a) you have obtained the legally required consents from every recipient before adding them to a campaign, (b) every campaign includes a clear and conspicuous opt-out method, and (c) you will honor opt-out requests promptly. You agree to indemnify DEMM for any claim, fine, or penalty arising from your messaging activity.

5. Acceptable Use

You agree not to, and will not allow any third party to:

• Use the Services to send spam, phishing, scams, or content that violates carrier rules or the CTIA Messaging Principles & Best Practices;
• Send messages relating to SHAFT-restricted content (Sex, Hate, Alcohol, Firearms, Tobacco, cannabis, gambling, or high-risk financial services) without prior written authorization from DEMM;
• Send messages to recipients you have not received express prior consent from;
• Reverse engineer, decompile, or attempt to extract source code from the Services;
• Resell, sublicense, or expose the Services as a competing offering;
• Use the Services to harm minors, harass others, or violate any law.

Violation may result in immediate suspension or termination without refund, and we may report violations to carriers, regulators, or law enforcement.

6. Customer Content & License

You retain ownership of all content you upload, create, or generate through the Services ("Customer Content"), including contact lists, campaigns, and AI-generated outputs you approve. You grant DEMM a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and back up Customer Content solely to provide the Services.

7. Intellectual Property

DEMM owns all rights in the Services, including DEMM OS™, AXIOM™, and the DEMM Marketing™ brand. We grant you a limited, non-exclusive, non-transferable license to use the Services while your subscription is active. No other rights are granted by implication or otherwise.

8. Third-Party Services

The Services integrate with third-party providers (such as Stripe, Twilio, Google Workspace, and Meta). Use of those providers is subject to their own terms and pricing, and DEMM is not responsible for their availability or performance.

9. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THE 30-DAY MONEY-BACK GUARANTEE ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEMM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR PRODUCE ANY SPECIFIC RESULT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEMM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SERVICES. DEMM'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO DEMM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless DEMM from any claim, loss, damage, liability, or expense (including reasonable attorneys' fees) arising from (a) your Customer Content, (b) your use of the Services, (c) your violation of these Terms, or (d) your violation of any law or third-party right, including TCPA, CAN-SPAM, and consumer-protection laws.

12. Termination

You may terminate at any time by canceling your subscription. We may suspend or terminate your account, with or without notice, for any violation of these Terms, non-payment, or behavior that poses a risk to DEMM, our other customers, or third parties. Upon termination, your right to use the Services ceases. We will retain your data for 30 days after termination so that you may export it, then delete it in accordance with our Privacy Policy.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict of laws principles. Any dispute will be resolved in the state or federal courts located in Fulton County, Georgia, and you consent to that jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be communicated by email or by a prominent notice in the Services. Your continued use of the Services after a change indicates your acceptance of the updated Terms.

15. Contact