Terms of Service

1. Acceptance of Terms

By accessing or using smdrDM ("Service", "Platform", "we", "us", "our"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our Service.

These Terms apply to all users, including free and paid subscribers.

2. Eligibility

To use smdrDM, you must:

• • Be at least 18 years old
• • Have a valid Instagram Business or Creator account
• • Provide accurate and complete registration information
• • Comply with Instagram's Terms of Service and Meta's Platform Policies
• • Not be located in a country subject to a U.S. government embargo

3. Account Responsibilities

3.1 Account Security

You are responsible for:

• • Maintaining the confidentiality of your password
• • All activities that occur under your account
• • Notifying us immediately of any unauthorized access

3.2 Accurate Information

You agree to provide accurate, current, and complete information and to update it as necessary. Providing false information may result in account suspension or termination.

4. Prohibited Uses

Violation of these prohibitions will result in immediate account termination without refund.

5. Service Description

5.1 What We Provide

smdrDM provides Instagram DM automation software that allows you to:

• • Monitor comments on your Instagram posts
• • Automatically send DMs based on keyword triggers
• • Track automation performance via analytics

5.2 Service Limitations

smdrDM operates within the limits set by Meta's Graph API. We cannot guarantee:

• • 100% uptime or uninterrupted service
• • Delivery of every DM (Instagram may block messages deemed spammy)
• • Continued operation if Meta changes or restricts API access
• • Specific results or ROI from using automation

6. Payment and Subscriptions

6.1 Pricing

Current pricing is available on our Pricing page. We reserve the right to change prices with 30 days' notice.

6.2 Billing

• • Subscriptions are billed monthly or annually in advance
• • Payments are processed via Stripe
• • You authorize us to charge your payment method automatically until cancellation
• • Failed payments may result in service suspension

6.3 Refund Policy

14-Day Money-Back Guarantee: New users may request a full refund within 14 days of their first payment.

After 14 days, subscriptions are non-refundable. If you cancel, you retain access until the end of your billing period.

6.4 Cancellation

You may cancel your subscription anytime from your account settings. Cancellation takes effect at the end of the current billing cycle.

7. Intellectual Property

7.1 Our Property

smdrDM, including its code, design, logo, and content, is owned by us and protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of all content you create (automation rules, message templates, etc.). By using smdrDM, you grant us a limited license to use your content solely to provide the Service.

8. Termination

8.1 Termination by You

You may terminate your account at any time by:

• • Canceling your subscription
• • Deleting your account from Settings

8.2 Termination by Us

We may suspend or terminate your account immediately if:

• • You violate these Terms of Service
• • You engage in fraudulent activity
• • Your Instagram account is disabled by Meta
• • Required by law or at the request of Meta

Termination for policy violations does not entitle you to a refund.

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

smdrDM is provided "as is" without warranties of any kind, express or implied. We do not guarantee that the Service will be:

• • Error-free or uninterrupted
• • Free from bugs, viruses, or security vulnerabilities
• • Compatible with all devices or browsers

9.2 No Liability for Instagram Actions

We are not responsible if Instagram disables your account, restricts API access, or changes policies that affect smdrDM functionality.

9.3 Limitation of Liability

To the maximum extent permitted by law, smdrDM and its owners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service.

Our total liability shall not exceed the amount you paid us in the 12 months prior to the claim.

10. Indemnification

You agree to indemnify and hold harmless smdrDM, its owners, and employees from any claims, damages, or expenses (including legal fees) arising from:

• • Your use of the Service
• • Your violation of these Terms
• • Your violation of Instagram's policies or any third-party rights

11. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or in-app notification at least 30 days before they take effect.

Continued use of smdrDM after changes constitute acceptance of the new Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms or your use of smdrDM shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court.

12.3 Class Action Waiver

You agree to bring claims against us only in your individual capacity and not as part of a class action or representative proceeding.

13. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and smdrDM.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• No Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not transfer your account. We may assign our rights and obligations.