Terms and Conditions

1. Acceptance of Terms

Welcome to De MG Consulting LLC ("De MG Consulting," "De MG Solutions," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at https://de-mg-solutions.web.app and https://demgsolutions.com (the "Website"), our client portal, and all services provided by De MG Consulting, including but not limited to website development, process automation, AI-powered business intelligence, and all related consulting services (collectively, the "Services").

By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Website or Services.

2. Description of Services

De MG Consulting provides technology consulting and implementation services specifically designed for freelancers, entrepreneurs, and small businesses. Our Services include:

3. Accounts and Service Access

3.1 Account Registration

To access certain Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3.2 Eligibility

You must be at least 18 years old and capable of entering into legally binding contracts to use our Services. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Payment Terms

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on our Website and within our Services, including but not limited to text, graphics, logos, images, audio, video, software, AI models, and compilation of content, is the property of De MG Consulting or our licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Client Intellectual Property

You retain all rights to content and materials you provide to us for the purpose of receiving Services ("Client Content"). You grant us a limited, non-exclusive license to use Client Content solely for the purpose of providing Services to you.

5.3 Deliverables

Unless otherwise agreed in writing:

• Custom websites and progressive web applications (PWAs) developed for you become your property upon completion of six (6) consecutive months of subscription payments
• Transfer of ownership, upon termination of services, does not include hosting services; you will be responsible for securing your own hosting provider
• De MG Consulting will provide reasonable assistance (up to 2 hours) to facilitate migration to your chosen hosting provider
• Clients who discontinue service before completing six (6) months of subscription payments forfeit custom websites and progressive web application ownership rights to all developed materials
• We retain the right to use generic components, methodologies, and know-how developed during the engagement
• We may showcase completed work in our portfolio with your permission

6. Use Restrictions

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of our Services
• Use our Services to compete with us or build a similar service
• Resell or redistribute our Services without written permission
• Use automated systems to access our Services without permission
• Harass, abuse, or harm other users or our staff

7. Confidentiality

7.1 Confidential Information

Both parties may have access to confidential information during the course of the relationship. Each party agrees to:

• Keep all confidential information strictly confidential
• Use confidential information only for purposes of the Services
• Not disclose confidential information to third parties without written consent

7.2 Exceptions

Confidentiality obligations do not apply to information that:

• Was publicly known at the time of disclosure
• Becomes publicly known through no fault of the receiving party
• Was rightfully received from a third party
• Is required to be disclosed by law

8. Data Protection and Privacy

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the Services
• Services will substantially conform to specifications agreed upon in writing

9.3 Third-Party Services

We may recommend or integrate third-party services (such as Zapier, ActiveCampaign, QuickBooks, etc.). We are not responsible for the availability, accuracy, or content of third-party services.

10. Limitation of Liability

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless De MG Consulting, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Client Content

12. Termination

12.1 Termination by You

You may terminate your account and services at any time by:

• Canceling through your account settings
• Sending written notice to support@demgsolutions.com
• Contacting us via phone or chat support

12.2 Termination by Us

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You fail to pay fees when due
• We reasonably believe termination is necessary to protect us or other users
• Required by law

12.3 Effect of Termination

Upon termination:

• Your right to use our Services immediately ceases
• All fees owed become immediately due and payable
• We may delete your account and data after 30 days
• If termination occurs before six (6) months of consecutive subscription payments, all custom websites and progressive web applications remain the property of De MG Consulting and access will be terminated
• If termination occurs after six (6) months of consecutive subscription payments, you retain ownership of custom websites and PWAs but must arrange for alternative hosting within 30 days
• Provisions that should survive termination will remain in effect

13. Dispute Resolution

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and De MG Consulting.

14.3 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our Services. Continued use after changes constitutes acceptance.

14.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.5 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to any successor or affiliate.

14.6 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14.7 Force Majeure

Neither party shall be liable for delays or failures in performance due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, labor disputes, or internet service failures.

14.8 Notices

Notices to you may be sent via email to the address associated with your account. Notices to us should be sent to:

14.9 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations in your use of our Services.

14.10 Accessibility

We are committed to making our Services accessible to all users. If you have accessibility needs, please contact us at support@demgsolutions.com.

15. Service-Specific Terms

16. Community Guidelines

We maintain community spaces within our client portal to foster collaboration and knowledge sharing. Users agree to:

• Treat all community members with respect
• Not engage in discrimination or harassment
• Share knowledge and resources constructively
• Respect intellectual property and confidentiality of shared information
• Report inappropriate behavior to our moderation team