Terms & Conditions

Agreement to these terms

Existantly is a business name of Dark Marketing LLC, a California limited liability company ("Existantly", "we", "us"). These terms apply when you use existantly.com and our customer app at mx.app.existantly.com (together, the "Site"). By using the Site, you agree to these terms. If you do not agree, do not use the Site. Effective date: October 16, 2026.

Our services and your agreement with us

Existantly provides cold email infrastructure, outbound sales services and related software to businesses. Paid services are provided under a separate proposal, order or service agreement. If that agreement conflicts with these terms, that agreement controls.

The Site and our services are for business use only. By using them, you confirm you are acting on behalf of a business and are at least 18 years old.

Accounts

If you create an account, you agree to give accurate information and keep it up to date. You are responsible for keeping your login details secure and for activity under your account. Tell us right away at support@existantly.com if you think your account has been accessed without permission.

Acceptable use

You agree not to use the Site or our services to:

• Break any law or regulation, including email, calling, anti-spam and privacy laws, such as the CAN-SPAM Act, the Telephone Consumer Protection Act, California Business and Professions Code section 17529.5 and the California Consumer Privacy Act.
• Send messages that are fraudulent, deceptive, harassing or harmful, or that impersonate another person or company.
• Send outreach to people who have asked not to be contacted.
• Interfere with the Site, try to access systems or data you are not authorized to access, or introduce malware.
• Copy, resell or reverse engineer the Site or our software, except as allowed in a written agreement with us.

Your content and data

You keep ownership of the content and data you provide to us. You give us permission to use it as needed to provide our services to you. You are responsible for having the rights to the content, contact data and messaging you provide or ask us to use, and for complying with the laws that apply to your outreach, including honoring opt-out requests.

Our intellectual property

The Site, our software, and the Existantly name and logo belong to Dark Marketing LLC. You may not use them without our written permission, except to refer to us accurately.

Results and case studies

Case studies, reviews and results shown on the Site describe past results for specific clients. Results depend on many factors, including the offer, the market and the people being contacted, so they do not promise any particular result for you. Any commitment about results applies only if it is written into your service agreement.

Third-party services and links

The Site may link to or work with third-party services, such as scheduling, chat and email tools. We are not responsible for third-party services, and your use of them is subject to their own terms.

Disclaimers

The Site is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Site will be uninterrupted or error free, or that any email will reach a particular inbox.

Limitation of liability

To the fullest extent the law allows, Existantly will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from your use of the Site. Our total liability for any claim related to the Site will not exceed the greater of the amount you paid us in the three months before the claim or one hundred US dollars. Nothing in these terms limits liability that cannot be limited under applicable law, such as liability for fraud or willful misconduct.

Indemnity

You agree to defend and hold Existantly harmless from claims arising from your use of the Site or our services in breach of these terms or the law, including claims about the content, contact data or messaging you provide.

Suspension and termination

We may suspend or end your access to the Site if you break these terms or use the Site in a way that could harm us, our customers or others. Sections that by their nature should continue after access ends, such as ownership, disclaimers, limitation of liability, indemnity and governing law, will continue.

Electronic communications

When you use the Site or email us, you agree that we can communicate with you electronically, and that notices and agreements we send electronically meet any requirement that they be in writing.

Governing law

These terms are governed by the laws of the State of California, without regard to its conflict of law rules. Any dispute will be handled in the state or federal courts located in San Diego County, California.

General

If any part of these terms is found unenforceable, the rest stays in effect. Our failure to enforce a part of these terms is not a waiver. You may not transfer your rights under these terms without our written consent. We are not responsible for delays or failures caused by events outside our reasonable control. These terms, together with any service agreement you sign with us, are the entire agreement between you and us about the Site.

Changes to these terms

We may update these terms from time to time. When we do, we will change the "Last updated" date at the top of this page. Continuing to use the Site after a change means you accept the updated terms.

Contact us

Dark Marketing LLC, doing business as Existantly
1650 Garnet Avenue #1051, San Diego, CA 92109, United States
Email: support@existantly.com
Phone: +1 (877) 400-5577