Terms of Service

1. Acceptance of Terms

By creating an account on DMChat, connecting an Instagram Business account, or otherwise accessing or using our platform ("Service"), you agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and our Terms & Conditions.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not use the Service.

2. Service Description

DMChat is a software-as-a-service (SaaS) platform that enables Instagram Business account holders to automate engagement workflows — including automated comment replies, direct message (DM) responses, and keyword-triggered actions — via the official Meta (Instagram) Graph API.

The Service operates exclusively through officially approved Meta API endpoints and Instagram webhooks. DMChat does not scrape, crawl, or access Instagram through unofficial or unsanctioned means.

2.1 Instagram API Permissions

To deliver the Service, DMChat requests the following Instagram permissions from your connected account:

• instagram_basic — Read your Instagram profile information (username, account type, profile picture)
• instagram_manage_comments — Read and respond to comments on your posts and reels
• instagram_manage_messages — Read and send direct messages on your behalf for automation workflows you configure

Meta Platform Policy Note: We only request and use the minimum permissions necessary to operate the features you explicitly enable. Additional permissions will only be requested if you activate features that require them, and you will be informed before any new permissions are requested.

2.2 Google Sign-In

DMChat uses Google Sign-In as an authentication provider. When you sign in with Google, we receive your name, email address, and profile picture URL solely to create and maintain your DMChat account. We do not access your Google Drive, Gmail, Calendar, or any other Google service.

Google Limited Use Disclosure: DMChat's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

3. Account Registration & Security

To use DMChat, you must:

• Be at least 18 years old (or the minimum age to operate an Instagram Business account in your jurisdiction)
• Provide accurate and complete registration information
• Have a valid Instagram Business or Creator account
• Maintain the security of your account credentials

You are solely responsible for all activity that occurs under your account. If you suspect unauthorized access, you must notify us immediately at support@dmchat.io.

We reserve the right to suspend or terminate accounts that show signs of unauthorized access, fraudulent activity, or violation of these Terms.

4. Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for automating legitimate engagement on Instagram accounts that you own or have explicit authorization to manage.

You agree to use DMChat only for lawful purposes that comply with:

• These Terms of Service
• Instagram's Terms of Use and Community Guidelines
• Meta's Platform Terms
• All applicable local, national, and international laws and regulations

5. Prohibited Uses

You may not use DMChat to:

• Send spam, unsolicited messages, or bulk automated messages that violate Instagram's policies
• Harass, bully, threaten, or intimidate other Instagram users
• Distribute misleading, fraudulent, or deceptive content
• Promote illegal activities, violence, hate speech, or discrimination
• Impersonate another person or entity
• Interfere with or disrupt the Service, servers, or networks
• Reverse engineer, decompile, or disassemble any part of the Service
• Create derivative works based on the Service
• Circumvent rate limits, API quotas, or security measures
• Access Instagram accounts you do not own or have authorization to manage
• Use the Service to scrape, harvest, or collect Instagram user data beyond what your automations require
• Resell, sublicense, or provide the Service to third parties without our written consent

Violations may result in immediate account suspension or termination without refund.

6. Platform Data Usage & Compliance

⚠️ Required by Meta Platform Policy — Platform Data Usage

6.1 Instagram Platform Data

All data obtained through the Meta (Instagram) Graph API ("Platform Data") is handled in strict compliance with Meta's Platform Terms and Developer Policies.

• We use Platform Data solely to provide the automation features you configure
• We do not sell, license, or otherwise commercialize Platform Data
• We do not use Platform Data for surveillance, advertising profiling, or building user profiles beyond what is needed for the Service
• We do not transfer Platform Data to data brokers, advertising networks, or any monetization service
• We do not use Platform Data to discriminate against or target individuals based on race, ethnicity, religion, sexual orientation, or any protected characteristic

6.2 Data Retention for Platform Data

Instagram Platform Data (usernames, post IDs, comment content, DM content) is:

• Retained only for the duration that your automation is active
• Automatically purged when you deactivate an automation or disconnect your Instagram account
• Permanently deleted within 24 hours of account deletion or Instagram disconnection
• Never cached, replicated, or backed up beyond our primary encrypted storage

6.3 Google API Data Compliance

Data received from Google APIs is used exclusively for authentication and user identification within DMChat. In accordance with the Google API Services User Data Policy:

• We do not transfer Google data to third parties for advertising or any unrelated purpose
• We do not allow humans to read Google user data unless explicitly authorized by you or required for security/legal compliance
• We do not use Google data to train generalized AI/ML models
• We limit use of Google data strictly to providing and improving DMChat

7. Data Deletion Instructions

⚠️ Required by Meta Platform Policy — User Data Deletion

You have the right to permanently delete all of your data from DMChat at any time. Deletion is irreversible and includes: your account profile, all automation configurations, connected Instagram data, access tokens, and execution logs.

Methods of Deletion

1. In-App Deletion: Navigate to Dashboard → Settings → Security → Delete Account. This triggers immediate and permanent deletion of all your data from our systems.
2. Via Instagram / Facebook Settings: Visit facebook.com/settings → Business Integrations and remove DMChat. We will receive a deauthorization callback from Meta and will purge all associated Platform Data within 24 hours.
3. Email Request: Email privacy@dmchat.io with Subject: "Data Deletion Request" from the email address associated with your account. We will confirm deletion within 72 hours.

Post-Deletion Retention: After deletion, we retain only anonymised, aggregated usage statistics and billing records required by tax law (up to 7 years). No personally identifiable information or Meta Platform Data is retained after deletion.

8. Subscription, Billing & Refunds

8.1 Plans & Billing

DMChat offers free and paid subscription plans. Paid plans are billed in advance on a monthly or annual basis, depending on the plan you select. All fees are quoted in USD unless otherwise stated.

8.2 Automatic Renewal

Paid subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You can manage your subscription from Dashboard → Settings → Billing.

8.3 Refunds

Refund eligibility is governed by our Refund Policy. In general, refunds are available within the first 7 days of a new subscription if the Service was not substantially used during that period.

8.4 Price Changes

We reserve the right to change subscription pricing. We will notify you at least 30 days before any price increase takes effect. The new price will apply at the start of your next billing cycle after the notice period.

9. Service Availability & API Dependency

DMChat depends on third-party APIs (Meta Graph API, Google OAuth) to function. We do not guarantee uninterrupted or error-free access to the Service.

• Instagram or Meta may modify, throttle, or discontinue API access at any time, which may affect DMChat functionality
• We are not responsible for downtime, data loss, or service interruptions caused by Meta, Google, or other third-party infrastructure providers
• We will make commercially reasonable efforts to provide 99.9% uptime, excluding scheduled maintenance and third-party outages
• Scheduled maintenance will be communicated at least 24 hours in advance via in-app notification

10. Intellectual Property

The Service, including its source code, design, logos, documentation, and all related intellectual property, is owned by DMChat and protected by international copyright, trademark, and intellectual property laws.

Your Content: You retain full ownership of all content you create, manage, or transmit through DMChat (e.g., automation message templates, keyword triggers). By using the Service, you grant DMChat a limited license to process your content solely for the purpose of delivering the Service.

Feedback: If you provide suggestions, feedback, or recommendations about the Service, we may use them without restriction or obligation to you.

11. Account Suspension & Termination

11.1 By You

You may cancel your subscription and delete your account at any time from Dashboard → Settings → Security → Delete Account. Upon deletion, all your data will be permanently removed as described in Section 7.

11.2 By Us

We may suspend or terminate your account without prior notice if:

• You violate these Terms, Instagram's policies, or applicable laws
• Your use of the Service poses a security risk or may harm other users
• We receive a legitimate complaint or legal request related to your account
• Your account has been inactive for more than 12 months
• Meta revokes or restricts our API access due to your usage patterns

We will notify you of any suspension or termination via the email address on file, along with the reason (unless legally prohibited from doing so).

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DMChat AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, business opportunities, or goodwill
• Any damages arising from Instagram account restrictions, bans, or reduced reach caused directly or indirectly by the use of automation
• Service interruptions caused by Meta API changes, Google OAuth changes, or third-party infrastructure failures

Our total cumulative liability shall not exceed the amount you paid to DMChatin the twelve (12) months preceding the claim.

13. Disclaimer of Warranties

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, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Automated messages will always be delivered successfully (delivery depends on Instagram's infrastructure and policies)
• Your use of automation will increase engagement, followers, or business outcomes

14. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights (including Instagram's policies)
• Content you create or transmit through the Service

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which DMChat is registered, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration body in DMChat's jurisdiction.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its rights.

16. Changes to These Terms

We may update these Terms to reflect changes in law, our business practices, or platform capabilities. When we make material changes:

• We will notify you via email and an in-app notice at least 14 days before the change takes effect
• The "Last updated" date at the top of this page will be revised
• Your continued use of the Service after the effective date constitutes acceptance of the revised Terms

If you do not agree with the revised Terms, you must stop using the Service and delete your account before the changes take effect.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

18. Entire Agreement

These Terms, together with our Privacy Policy, Terms & Conditions, and Refund Policy, constitute the entire agreement between you and DMChat relating to your use of the Service, and supersede all prior or contemporaneous communications, proposals, and agreements.

19. Contact Information

For questions, concerns, or legal notices regarding these Terms of Service: