Terms of Service

Last updated: January 2025

1. Agreement to Terms

By accessing or using AnswerDMs ("Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

AnswerDMs is an AI-powered Instagram direct message automation platform that:

  • Automatically responds to Instagram DMs using artificial intelligence
  • Helps businesses manage customer conversations
  • Provides conversation analytics and management tools
  • Integrates with Instagram Business accounts via official APIs

We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

3. Account Registration

To use our Service, you must:

  • Be at least 18 years of age
  • Provide accurate and complete registration information
  • Have a valid Instagram Business or Creator account
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account

You agree to notify us immediately of any unauthorized access to your account.

4. Instagram Account Requirements

To use AnswerDMs, your Instagram account must:

  • Be a Business or Creator account (not a personal account)
  • Be connected to a Facebook Page (required by Meta)
  • Comply with Instagram's Terms of Service and Community Guidelines
  • Have necessary permissions to access Instagram Messaging API
  • Not be flagged, banned, or restricted by Instagram

5. Acceptable Use Policy

You agree NOT to:

  • Use the Service for illegal, harmful, or fraudulent purposes
  • Send spam, unsolicited messages, or engage in harassment
  • Violate Instagram's Terms of Service or Community Guidelines
  • Use the Service to impersonate others or provide false information
  • Attempt to hack, reverse engineer, or compromise the Service
  • Use the Service to send malicious content or phishing attempts
  • Scrape, collect, or harvest user data without authorization
  • Resell or redistribute the Service without permission
  • Use automated tools to create fake engagement or followers
  • Violate any applicable laws or regulations

6. AI-Generated Content

Our Service uses artificial intelligence to generate responses to Instagram messages. You acknowledge that:

  • AI-generated responses may not always be accurate or appropriate
  • You are responsible for reviewing and monitoring AI responses
  • You can customize AI behavior and disable automation at any time
  • We are not liable for AI-generated content sent from your account
  • You should regularly review conversations and adjust settings as needed

Important: While our AI is designed to be helpful and appropriate, you remain ultimately responsible for all messages sent from your Instagram account.

7. Subscription and Billing

7.1 Subscription Plans

We offer various subscription plans with different features and pricing. Plan details and pricing are available on our website.

7.2 Payment Terms

  • Subscriptions are billed monthly or annually in advance
  • All fees are non-refundable except as required by law
  • You authorize us to charge your payment method automatically
  • Failed payments may result in service suspension
  • We reserve the right to change pricing with 30 days' notice

7.3 Cancellation

You may cancel your subscription at any time. Upon cancellation:

  • Your subscription remains active until the end of the billing period
  • You will not be charged for subsequent periods
  • You retain access to your data during the active period
  • No refunds are provided for partial subscription periods

8. Intellectual Property

The Service and its original content, features, and functionality are owned by AnswerDMs and are protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of your data and content. By using the Service, you grant us a license to use your data solely to provide and improve the Service.

9. Third-Party Services

Our Service integrates with third-party platforms:

  • Instagram/Meta: You must comply with Instagram's Terms of Service
  • OpenAI: AI processing is subject to OpenAI's terms
  • Firebase/Google Cloud: Data storage is subject to Google's terms

We are not responsible for any third-party services, their availability, or their terms of service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or availability
  • Warranties that the Service will be uninterrupted or error-free
  • Warranties regarding the quality of AI-generated responses

We do not guarantee that the Service will meet your requirements or expectations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANSWERDMS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from AI-generated content or automated responses
  • Service interruptions, errors, or data loss
  • Actions taken by Instagram, Meta, or other third parties
  • Unauthorized access to your account or data

Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless AnswerDMs, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

  • Your use or misuse of the Service
  • Violation of these Terms or applicable laws
  • Violation of third-party rights, including Instagram's terms
  • Content generated or sent from your account
  • Your negligence or willful misconduct

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Request by law enforcement or government agencies
  • Discontinuation of the Service

Upon termination, your right to use the Service will immediately cease, and we may delete your data after 30 days.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by emailing support@answerdms.com.

14.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration, except where prohibited by law.

14.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive the right to participate in class actions or class-wide arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last updated" date
  • Sending email notification for significant changes

Your continued use of the Service after changes constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AnswerDMs regarding the Service and supersede all prior agreements.

19. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@answerdms.com

Support: support@answerdms.com

Address: [Your Business Address]

20. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.