Terms of Service

Overview

This website and store are operated by DMAKings (“DMAKings”, “we”, “us”, “our”). By accessing or using this website, creating an account, or purchasing any hardware or digital products from DMAKings, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must not use this website or purchase from DMAKings.

These Terms incorporate by reference our Refund and Returns Policy, Privacy Policy, and any additional terms or policies posted on this site or provided with specific products or Services. DMAKings may update these Terms at any time by posting a revised version on this page. Your continued use of the site or Services after changes are posted constitutes your acceptance of the updated Terms.

Our store is hosted on Shopify Inc., which provides the e‑commerce platform that enables us to sell our products and Services to you.

1. Eligibility and account use

• By using this site, you represent that you are at least the age of majority in your state or province of residence, or you are using the site with the consent and supervision of a parent or legal guardian.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• DMAKings may refuse service, close accounts, or cancel orders at its sole discretion, including in cases of suspected fraud, abuse, or policy violations.

2. Permitted use and prohibited activities

You agree to use the site and Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the site or products for any illegal or unauthorized purpose or in violation of any applicable laws or regulations.
• Upload or transmit viruses, malware, or any code of a destructive or disruptive nature.
• Attempt to gain unauthorized access to any systems, networks, or data.
• Harass, abuse, defame, or otherwise harm other users or DMAKings personnel.
• Scrape, crawl, or otherwise systematically collect data from the site without our express written permission.

DMAKings may suspend or terminate your access to the site or Services for any violation of these Terms.

3. Products, services, and technical use

DMAKings sells specialized hardware and digital products intended for technical and developer‑level users. You are solely responsible for:

• Evaluating the compatibility of DMAKings products with your systems, environment, and intended use.
• Proper installation, configuration, handling, and use of all hardware and digital products.
• Any integrations, modifications, or customizations you perform or direct third parties to perform.

We may change or discontinue any product, feature, or Service at any time without notice. No description, diagram, or example on this site guarantees a particular performance level, outcome, or suitability for your specific use case.

All sales of hardware and digital products are subject to our Refund and Returns Policy, which is expressly incorporated into these Terms.

4. Orders, pricing, and billing

• All prices, product descriptions, and availability information are subject to change without notice.
• DMAKings may limit or cancel quantities purchased per person, per account, per household, or per order, including orders that use the same payment method, billing address, or shipping address.
• If we change or cancel an order, we may attempt to notify you using the email and/or billing information provided at the time of purchase.
• You agree to provide current, complete, and accurate purchase and account information, and to promptly update such information so we can complete your transactions and contact you as needed.

Payment processing is provided by third‑party payment processors. DMAKings is not responsible for errors, fees, or issues arising from those third‑party services beyond our reasonable control.

5. Shipping, risk of loss, and returns

Shipping, risk of loss, and all return/refund matters are governed by our separate Refund and Returns Policy, which forms part of these Terms. By placing an order, you acknowledge and agree to that policy, including any “all sales final” provisions and limited exceptions.

7. Third‑party tools, services, and links

The site may provide access to tools, content, or services operated by third parties (including but not limited to carriers, payment processors, analytics providers, or software vendors). DMAKings:

• Provides access to such third‑party tools and links “as is” and “as available” and without any endorsement.
• Is not responsible or liable for any third‑party content, products, services, or terms, or for any damages or losses arising from your use of them.

You are responsible for reviewing and complying with the terms, conditions, and privacy policies of any third‑party services you use in connection with DMAKings products.

8. User content and feedback

If you submit feedback, suggestions, ideas, or other content (“User Content”) to DMAKings, you grant DMAKings a non‑exclusive, worldwide, royalty‑free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit such User Content for any lawful purpose, without compensation to you.

You represent and warrant that:

• You own or control all rights in and to your User Content.
• Your User Content does not infringe any third‑party rights, contain unlawful or harmful material, or violate these Terms.

DMAKings may remove or refuse any User Content at its sole discretion, but has no obligation to do so.

9. Intellectual property

All content on this site, including but not limited to text, graphics, logos, icons, images, videos, software, and firmware, is owned by DMAKings or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, reverse engineer, decompile, disassemble, or attempt to derive source code from any hardware firmware, software, or digital product, except as expressly allowed by applicable law or a separate written license.
• Remove, obscure, or alter any proprietary notices or branding.
• Use DMAKings’ trademarks, trade dress, or branding without prior written permission.

10. Disclaimers of warranties

To the maximum extent permitted by applicable law, the site, Services, and all hardware and digital products are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

Without limiting the foregoing:

• DMAKings disclaims all implied warranties of merchantability, fitness for a particular purpose, non‑infringement, and title to the fullest extent permitted by law.
• DMAKings does not warrant that the site or Services will be uninterrupted, timely, secure, or error‑free, or that any defects will be corrected.
• DMAKings does not warrant that results obtained from the use of any product or Service will be accurate, reliable, or suitable for your specific application.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the warranties will be limited to the minimum extent required by law.

11. Limitation of liability

To the fullest extent permitted by applicable law:

• DMAKings and its directors, officers, employees, affiliates, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, lost data, business interruption, or replacement costs, arising out of or relating to your use of the site, Services, or any products, even if advised of the possibility of such damages.
• DMAKings’ total aggregate liability for any and all claims arising out of or related to the site, Services, or any products, whether in contract, tort, or otherwise, is limited to the amount you actually paid DMAKings for the product or Service giving rise to the claim in the 12 months preceding the event.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation would be contrary to applicable law, including for intentional misconduct or violations of California Civil Code section 1668.

12. Indemnification

You agree to indemnify, defend, and hold harmless DMAKings and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the site, Services, or products.
• Your violation of these Terms or any applicable law.
• Your infringement or alleged infringement of any third‑party rights.

13. Privacy and data

Your submission of personal information through the site is governed by our Privacy Policy, which is incorporated into these Terms. By using the site or purchasing from DMAKings, you consent to our collection, use, and sharing of information as described in the Privacy Policy.

14. Governing law, venue, and dispute resolution

These Terms, and any disputes arising out of or relating to them, the site, or any products or Services, are governed by the laws of the State of California and the United States, without regard to conflict‑of‑law principles.

You agree that:

• All disputes will be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction and venue of such courts.
• Any claim must be brought on an individual basis, and you waive any right to participate in a class, collective, or representative action against DMAKings to the extent permitted by law.

15. Changes to the Terms

DMAKings may update or modify these Terms at any time by posting a new version on this page with an updated effective date. It is your responsibility to review these Terms periodically. Your continued use of the site or Services after any changes are posted constitutes your acceptance of the revised Terms.

16. Contact information

Questions about these Terms of Service or our products and Services should be sent to:

support@dmakings.com