Terms of Service

By accessing or using the Service, you confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

Your continued use of the Service after any modifications to these Terms constitutes your acceptance of the revised Terms. If you do not agree with any changes, you must discontinue use of the Service immediately.

Send DM is an Instagram direct message (DM) automation platform that enables users to automate their Instagram messaging workflows. The Service includes, but is not limited to:

• Automated DM responses triggered by comments, story mentions, story replies, and keyword matches
• Contact management and audience segmentation tools
• Analytics and reporting on messaging performance
• Message template creation and management
• Integration with Instagram via Meta's official APIs
• Cross-platform redirect capabilities (WhatsApp, email)

Send DM reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of significant changes that affect your use of the Service.

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Provide truthful and accurate information during registration and keep it up to date
• Create and maintain a strong, unique password for your Send DM account
• Notify Send DM immediately at [email protected] if you suspect any unauthorized access to or use of your account
• Not share your account credentials with any third party
• Not create multiple accounts for the purpose of circumventing plan limits or abusing the Service

Send DM is not liable for any loss or damage arising from your failure to protect your account credentials. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

Send DM connects to your Instagram account through Meta's official Instagram Graph API and Messenger API. By connecting your Instagram account, you acknowledge and agree to the following:

• You authorize Send DM to access your Instagram account data, including but not limited to your profile information, media, comments, and direct messages, as permitted by the access permissions you grant
• You must comply with Meta's Platform Terms, Instagram's Terms of Use, and Instagram's Community Guidelines at all times while using the Service
• Send DM stores your Instagram access tokens in encrypted form and uses them solely to provide the Service. You may revoke access at any time by disconnecting your Instagram account from Send DM or through Meta's app settings
• Send DM is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc. or Instagram. Any changes to Meta's APIs, policies, or terms may affect the availability or functionality of the Service
• You are solely responsible for ensuring that your use of Send DM with your Instagram account complies with all applicable Meta policies and does not result in any penalties or restrictions on your Instagram account

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

• Send unsolicited, bulk, or spam messages to users who have not interacted with your content or who have not opted in to receive messages
• Harass, threaten, intimidate, or abuse any individual or group
• Distribute content that is unlawful, defamatory, obscene, fraudulent, or otherwise objectionable
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Violate Instagram's Terms of Use, Community Guidelines, or any applicable Meta policies
• Attempt to circumvent rate limits, DM quotas, or any other technical restrictions imposed by the Service or by Instagram
• Use the Service to collect, store, or process personal data in violation of applicable data protection laws, including GDPR and CCPA
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Resell, sublicense, or redistribute access to the Service without prior written consent from Send DM

Send DM reserves the right to investigate and take appropriate action against any user who violates this Acceptable Use Policy, including but not limited to suspending or terminating their account, reporting violations to law enforcement, and pursuing legal remedies.

Send DM offers the following subscription plans:

• Free: 100 DMs per month, 1 Instagram account, basic features at no cost
• Pro ($11/month): 5,000 DMs per month, up to 5 Instagram accounts, full feature access including story automation, analytics, and contact management
• Custom: Tailored plans for agencies and enterprises with custom DM limits, unlimited accounts, and dedicated support. Contact sales for pricing.

All paid subscriptions are billed through Stripe, our third-party payment processor. By subscribing to a paid plan, you agree to the following:

• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless cancelled before the renewal date. You will be charged the then-current subscription price at each renewal.
• Payment Method: You must provide a valid payment method. You authorize Send DM and Stripe to charge your payment method for all fees incurred under your account.
• Price Changes: Send DM may change subscription prices upon at least 30 days' written notice. Price changes take effect at the start of your next billing cycle following the notice period.
• Cancellation: You may cancel your subscription at any time through your account settings. Upon cancellation, your paid features remain active until the end of your current billing period. No prorated refunds are issued for partial billing periods.
• Downgrades: If you downgrade from a paid plan to the Free plan, the change takes effect at the start of your next billing cycle. You will retain paid features until that date.
• Failed Payments: If a payment fails, Send DM may retry the charge and/or suspend your access to paid features until the payment is resolved. We will notify you by email of any payment failures.

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that Send DM collects and processes certain data to provide the Service, including:

• Account information (name, email address, profile details)
• Instagram access tokens (stored in encrypted form)
• Instagram profile data, contacts, messages, and engagement metrics as authorized by your connected Instagram account
• Usage data, analytics, and service performance metrics
• Billing and payment information (processed securely through Stripe)

You are responsible for obtaining any necessary consents from individuals whose data may be processed through your use of the Service, particularly when collecting contact information through automated DM conversations. You must comply with all applicable data protection regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as applicable to your use case.

The Service, including its design, features, functionality, code, documentation, logos, trademarks, and all related intellectual property, is and remains the exclusive property of Send DM and its licensors. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

You retain all ownership rights to the content you create, upload, or transmit through the Service, including your message templates, automation configurations, and contact data. By using the Service, you grant Send DM a limited, non-exclusive, royalty-free license to use, process, and transmit your content solely for the purpose of providing and improving the Service.

You must not use Send DM's name, logo, or branding in any manner that suggests endorsement or affiliation without prior written consent.

Send DM strives to maintain high service availability but does not guarantee that the Service will be uninterrupted, error-free, or available at all times. The Service may be subject to scheduled maintenance, unplanned downtime, or disruptions caused by factors beyond our control, including but not limited to changes in Meta's APIs, Instagram platform outages, or third-party service failures.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Send DM does not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be compatible with all Instagram account types or configurations
• DM delivery rates, response rates, or conversion rates will meet any particular threshold
• The Service will be free from errors, bugs, viruses, or other harmful components
• Any data processed through the Service will be completely accurate or free from loss

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Send DM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR DAMAGE TO REPUTATION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF Send DM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL Send DM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO Send DM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by law.

You may terminate your account at any time by contacting us at [email protected] or by using the account deletion option in your account settings.

Send DM may suspend or terminate your account and access to the Service immediately, without prior notice or liability, if:

• You breach any provision of these Terms or the Acceptable Use Policy
• Your use of the Service poses a security risk to Send DM or other users
• We are required to do so by law, regulation, or a valid legal order
• Your account has been inactive for an extended period (we will provide notice before termination due to inactivity)
• We reasonably believe your account has been compromised

Upon termination, your right to use the Service ceases immediately. Send DM may delete your account data, including automation configurations, contact lists, and message history, within a reasonable period following termination in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Limitation of Liability, and Disclaimers) will continue in full force and effect.

Send DM reserves the right to update or modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Notify you by email or through an in-app notification at least 30 days before the changes take effect for material modifications
• Provide a summary of the key changes when applicable

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Service and may terminate your account as described in Section 11.

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us:

We aim to respond to all inquiries within two (2) business days.