Terms of Service

These comprehensive Terms of Service ("Terms") govern your use of the website dsmarketing.dev and all services provided by DS Marketing GmbH ("we," "our," or "us"). By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our website and services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services

DS Marketing GmbH provides comprehensive digital marketing services designed to help businesses achieve their growth objectives. Our services include but are not limited to:

• Search Engine Optimization (SEO) and technical optimization
• Pay-Per-Click (PPC) advertising and campaign management
• Social media marketing and community engagement
• Content marketing and strategic content creation
• Marketing analytics, reporting, and performance optimization
• Website design consultation and digital strategy
• Brand strategy development and market positioning
• Marketing automation and lead generation

3. User Accounts and Registration

3.1 Account Creation and Management

Some of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security concerns.

3.2 Account Security and Responsibility

You are responsible for maintaining the security of your account and for all activities conducted through your account. We are not liable for any loss or damage arising from unauthorized use of your account, and you agree to indemnify us against any claims related to such unauthorized use.

4. Acceptable Use and Conduct

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our services to transmit or distribute harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• Interfere with or disrupt the operation of our services or servers
• Use our services for spam, phishing, or other fraudulent activities
• Violate any applicable laws, regulations, or industry standards
• Infringe upon the intellectual property rights of others
• Engage in any activity that could harm our reputation or business operations

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on our website, including text, graphics, logos, images, software, and other materials, is owned by DS Marketing GmbH or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.

5.2 Your Content and Contributions

You retain ownership of any content you submit to us. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute your content in connection with providing our services and improving our offerings.

5.3 Third-Party Content and Licenses

Our services may contain content from third parties. We are not responsible for the accuracy, reliability, or legality of such content. Any third-party content is subject to the respective third-party licenses and terms.

6. Payment Terms and Financial Obligations

6.1 Service Fees and Pricing

Our services are provided for a fee as agreed upon in writing through our service agreements or proposals. All fees are due upon receipt of invoice unless otherwise specified in writing. We reserve the right to modify pricing with appropriate notice.

6.2 Payment Methods and Processing

We accept payment by bank transfer, credit card, or other methods as specified in our service agreements. All payments must be made in the currency specified in your agreement. You are responsible for any bank fees or transaction costs.

6.3 Late Payments and Consequences

Late payments may result in suspension of services and may incur additional fees or interest charges. We reserve the right to suspend or terminate services for non-payment. You agree to pay all costs of collection, including reasonable attorney fees.

7. Service Delivery and Performance Standards

7.1 Service Quality and Standards

We strive to provide high-quality services and will use reasonable efforts to meet agreed-upon timelines and deliverables. However, we cannot guarantee specific results, as outcomes depend on various factors including market conditions, competition, and client cooperation.

7.2 Client Cooperation and Responsibilities

Successful service delivery requires your active cooperation, including providing necessary information, feedback, and approvals in a timely manner. Delays in client response may affect project timelines and deliverables.

7.3 Service Modifications and Updates

We reserve the right to modify or discontinue services with reasonable notice. We will work with you to minimize any disruption to your business and ensure a smooth transition.

8. Limitation of Liability and Disclaimers

Our total liability to you for any claims arising from these Terms or our services shall not exceed the amount paid by you for the specific service giving rise to the claim. This limitation applies regardless of the form of action or legal theory.

9. Indemnification and Defense

You agree to indemnify and hold harmless DS Marketing GmbH from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

10. Comprehensive Disclaimers

10.1 Service Availability and Reliability

We do not guarantee that our services will be available at all times or that they will be error-free. We may temporarily suspend services for maintenance, updates, or other operational reasons. We will provide reasonable notice when possible.

10.2 Results and Performance Disclaimers

While we strive to deliver exceptional results, we cannot guarantee specific outcomes from our marketing services. Results depend on various factors including market conditions, competition, industry trends, and client cooperation. We provide realistic expectations and regular performance updates.

10.3 Third-Party Services and Dependencies

We may use third-party services, tools, and platforms to deliver our services. We are not responsible for the performance, reliability, or security of such third-party services. We carefully select our partners and monitor their performance.

11. Termination and Service Cessation

11.1 Termination by Client

You may terminate your use of our services at any time by providing written notice. We will complete any work in progress and provide you with final deliverables. Any prepaid fees for incomplete services will be refunded on a prorated basis.

11.2 Termination by DS Marketing

We may terminate or suspend your access to our services immediately if you violate these Terms, engage in fraudulent activities, or for other legitimate business reasons. We will provide written notice and explanation when possible.

11.3 Effect of Termination

Upon termination, your right to use our services ceases immediately. We will retain any data as required by law or our data retention policies. You are responsible for backing up any important data before termination.

12. Data Protection and Privacy Compliance

Your privacy is of utmost importance to us. Our collection and use of personal information is governed by our comprehensive Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable data protection laws and implement appropriate security measures.

13. Confidentiality and Non-Disclosure

We agree to maintain the confidentiality of your business information, trade secrets, and proprietary data. This obligation survives termination of these Terms and applies to all employees and contractors who have access to your information.

14. Force Majeure and Unforeseen Circumstances

Neither party shall be liable for any delay or failure to perform due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, government actions, labor disputes, or technological failures.

15. Governing Law and Dispute Resolution

15.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of Germany. Any disputes arising from these Terms shall be subject to German law and jurisdiction.

15.2 Dispute Resolution Process

Any disputes arising from these Terms shall first be attempted to be resolved through good faith negotiations and mediation. If resolution cannot be reached, disputes shall be subject to the exclusive jurisdiction of the courts in Lübeck, Germany.

16. Changes to Terms and Service Updates

We reserve the right to modify these Terms at any time to reflect changes in our services, business practices, or applicable laws. We will notify you of any material changes by posting the updated Terms on our website and, when appropriate, sending direct notifications.

17. Severability and Legal Validity

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

18. Entire Agreement and Integration

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and DS Marketing GmbH regarding our services. Any prior agreements, representations, or understandings are superseded by these Terms.

19. Contact Information and Support

If you have any questions about these Terms of Service or need clarification on any provision, please contact us:

DS Marketing GmbH
Email: legal@dsmarketing.dev
Address: Lübeck, Germany

Thank you for choosing DS Marketing GmbH. We look forward to helping you achieve your business objectives through our professional digital marketing services.