Effective Date: October 30, 2025 Last Updated: October 30, 2025
This Limited Warranty & Systems Disclaimer (“Warranty”) governs the relationship between Delulu Marketing, LLC, a Florida limited liability company located at 7901 4th St N Suite 300, St Petersburg, FL 33702 (“Delulu Marketing,” “Company,” “we,” “us,” or “our”), and any individual or business (“Client,” “User,” or “you”) who purchases, accesses, or uses any Delulu Marketing products, systems, or services (“Services”).
By using our systems or software, you acknowledge that you have read, understood, and agree to the terms below.
1. PURPOSE OF THIS WARRANTY
This Warranty exists to set clear expectations and protect both parties. Delulu Marketing builds, licenses, and maintains digital systems designed to streamline business operations, marketing, and sales. We make every reasonable effort to ensure our software and automations perform as intended; however, due to the nature of technology and human implementation, we cannot guarantee specific performance outcomes, uptime, or results.
2. LIMITED FUNCTIONAL WARRANTY
Delulu Marketing warrants that, during your active paid service period:
Our proprietary systems, CRM tools, and automations will function substantially as described at the time of purchase when used as directed and within their intended configuration;
We will make commercially reasonable efforts to correct any reproducible material defect or system error reported in writing to [email protected] within thirty (30) days of discovery; and
If a defect is confirmed to be within our control, our sole obligation shall be to repair, patch, or replace the affected feature within a reasonable timeframe.
3. EXCLUSIONS AND LIMITATIONS
This limited warranty does not cover:
Errors or issues caused by user modifications, integrations, or misuse of the system;
Downtime, latency, or data loss caused by internet failures, hosting providers, or cyberattacks;
Changes in third-party APIs, browser compatibility, or platform policies;
Business interruptions, loss of revenue, or any consequential or indirect damages arising from the use or inability to use our systems;
Any results, sales performance, marketing leads, or client conversions associated with the Services.
Delulu Marketing is not responsible for failures of Client’s hardware, network, domain, or device configurations, nor for negligence, inaction, or misuse by Client or its personnel.
4. PERFORMANCE AND RESULTS DISCLAIMER
While our systems are designed to improve efficiency, branding, and automation, Delulu Marketing does not guarantee revenue generation, business growth, or specific measurable outcomes.
Results vary based on numerous factors outside our control, including:
Market conditions, advertising budgets, or algorithm changes;
Client responsiveness, decision-making, or follow-through;
Accuracy of Client data or leads imported;
Sales strategy, copywriting, or audience targeting;
Third-party system updates or outages.
Clients acknowledge that business success is a joint effort and agree that Delulu Marketing cannot be held responsible for missed opportunities, client cancellations, lost sales, or underperformance.
5. SERVICE INTERRUPTIONS & MAINTENANCE
We reserve the right to perform scheduled or emergency maintenance, updates, or upgrades to ensure system integrity. During such times, Services may be temporarily unavailable. Temporary interruptions do not constitute a breach of warranty or grounds for refund.
6. CLIENT RESPONSIBILITIES
To ensure best performance, the Client agrees to:
Follow all training and setup instructions provided by Delulu Marketing;
Maintain secure passwords and account credentials;
Keep all third-party accounts (such as email, SMS, payment gateways, and hosting providers) active and in good standing;
Promptly report any suspected malfunction in writing with relevant documentation or screenshots;
Implement regular data backups and maintain alternative contact methods for customers or leads.
Delulu Marketing is not liable for lost data, accidental deletion, or configuration errors caused by the Client or third-party staff.
7. SUPPORT & TROUBLESHOOTING
Support requests must be submitted via [email protected]. We aim to acknowledge all support tickets within 1–2 business days. Resolution time varies depending on the complexity of the issue and third-party dependencies. Emergency requests may be prioritized at our discretion.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
Delulu Marketing’s total aggregate liability for any claim shall not exceed the amount paid by the Client in the 30 days preceding the incident;
We are not liable for any indirect, incidental, special, punitive, or consequential damages (including loss of profits, business interruption, or data loss), even if advised of the possibility of such damages;
The remedies stated in this Warranty are the exclusive remedies available to the Client for any defect or issue related to our systems.
9. NO OTHER WARRANTIES
Except as expressly provided herein, the Services are provided “as is” and “as available.” Delulu Marketing makes no warranties, express or implied, including but not limited to:
Warranties of merchantability, fitness for a particular purpose, or non-infringement;
Warranties arising from any course of dealing, trade usage, or marketing materials;
Any representation that the systems will be uninterrupted, error-free, or meet all business expectations.
10. FORCE MAJEURE
Delulu Marketing shall not be liable for failure or delay in performance caused by circumstances beyond our control, including but not limited to acts of God, internet outages, cyber incidents, fire, flood, labor disputes, government actions, or platform policy changes.
11. RISK ACKNOWLEDGEMENT
By using our Services, the Client acknowledges and agrees that:
Technology, automations, and digital systems inherently carry operational risks;
Implementation success depends on proper configuration, consistent testing, and Client oversight;
Delulu Marketing’s role is to provide tools and support — not to operate or manage Client’s business;
The Client assumes all risk associated with reliance on data, system performance, or automation triggers.
12. GOVERNING LAW
This Warranty shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising from this Warranty shall be resolved through binding arbitration in Pinellas County, Florida, in accordance with the rules of the American Arbitration Association.