Terms of Service · DmSetter

These Terms of Service (“Terms”) govern your use of DmSetter (the “Service”), operated by 9568-8099 Québec inc. (doing business as DmSetter) (“DmSetter”, “we”, “our”, or “us”). By creating an account or connecting an Instagram account to the Service, you agree to these Terms.

Capitalized terms used here (including Platform Data, Process, User, Service Provider, and Tech Provider) have the meanings given in our Privacy Policy, which mirror Meta’s Platform Terms Section 12 Glossary.

1. Acceptance and eligibility

You must be at least 18 years old to use the Service. By accepting these Terms, you represent and warrant that you are accepting them either (a) in your own capacity as a business operator (sole proprietor, freelancer, or equivalent), or (b) on behalf of an entity you are authorized to bind — in either case for business or commercial purposes and not as a consumer under the Quebec Consumer Protection Act.

If you do not agree to these Terms, do not use the Service.

2. Service description

DmSetter is an AI-assisted Instagram Direct Message response tool for Instagram Business and Creator accounts. The Service helps Users respond to inbound DMs received on their connected Instagram account. The Service includes:

AI-assisted replies to inbound Instagram Direct Messages, sent on the User’s behalf within Meta’s customer-service messaging window.
Lead qualification and conversation classification.
AI-assisted booking direction (pointing prospects to the User’s scheduling link).
Custom persona configuration — the User defines tone, voice, and reply rules.
Telegram integration for the owner to give the AI instructions and review or take over conversations.
Per-conversation and per-account pause, with manual take-over by the owner at any time.

The Service responds only to people who message the connected business first. The Service does not initiate outbound messages, send bulk or unsolicited messages, or contact people who have not messaged the business first.

Some features may be designated as beta or early access and are provided as-is without warranty.

DmSetter continuously evolves and may introduce, modify, or discontinue features, integrations, or services at its sole discretion. Access to certain features may be subject to additional terms or eligibility requirements.

The Service operates by Processing Platform Data obtained from Meta through the Instagram Graph API on behalf of, and at the direction of, the User who connected the relevant Instagram account. DmSetter is a Tech Provider under Meta’s Platform Terms.

3. Instagram account ownership

You represent and warrant that you own, or have explicit and current authorization from the owner to manage, any Instagram account you connect to the Service.

Connecting an Instagram account without proper authorization violates these Terms, Meta’s Platform Terms, the Instagram Terms of Use, and may also violate applicable laws. DmSetter may immediately suspend or terminate access where we have reason to believe an account was connected without proper authorization.

4. Acceptable use

You may not use the Service to:

Send unsolicited messages (spam), or use the Service in any way that violates Meta’s Messaging Policy or the 24-hour customer-service messaging window for non-tagged messages.
Operate the Service in a way that prevents users from being able to reach a human agent. The Service includes owner-controlled pause and manual take-over for every conversation; you may not disable or circumvent these controls.
Send marketing content through Meta’s utility-tagged or other non-promotional message tags. Promotional content is only permitted through message types Meta has explicitly approved for that purpose.
Harass, threaten, defame, or send hateful, illegal, or sexually explicit content; impersonate any person or entity; or distribute malware or phishing links.
Facilitate healthcare provider-patient communication or any other regulated communication for which you have not obtained the required Meta authorization.
Request, collect, or transmit payment card details, financial account credentials, or other payment information through messaging.
Operate in regulated verticals (gambling, adult content, firearms, prescription drugs, alcohol where age-gated, cryptocurrency offers, or other restricted categories) without Meta’s separate written authorization for that vertical.
Circumvent any Meta policy or DmSetter limit, or use the Service in any manner not expressly permitted by these Terms, Meta’s Platform Terms, Instagram Terms of Use, Instagram Community Guidelines, or Meta’s Messenger Platform Policy.

You are solely responsible for the content sent from your connected Instagram account through the Service, including replies generated by the Service’s AI on your behalf (see AI-generated content).

5. Compliance with Meta policies

By using the Service, you agree to comply with all applicable Meta policies at all times, including Meta’s Platform Terms, Instagram Terms of Use, Instagram Community Guidelines, Meta’s Messenger Platform Policy, and any Meta Developer Documents that apply to the permissions you grant DmSetter. A violation of any Meta policy is a violation of these Terms.

Termination on Meta request.DmSetter will promptly terminate your access to the Service if Meta requests termination because Meta determines you (a) have acted in a way that would violate Meta’s Platform Terms or other applicable terms or policies, or (b) are negatively impacting Meta Products, Platform Data, or people who use Meta Products. This mirrors our Tech Provider obligation under Section 5.b of Meta’s Platform Terms and is non-negotiable.

DmSetter may also suspend or terminate your access independently if we have reason to believe you have violated a Meta policy, with or without notice.

6. AI-generated content

Replies sent through the Service are generated by a large language model (Anthropic Claude, accessed via OpenRouter) using your configured persona (soul.md) and the recent conversation transcript as context. Replies are sent automatically from your connected Instagram account.

Your responsibility.You are responsible for all content sent from your connected account, including AI-generated replies. You must review the Service’s behaviour during onboarding and on an ongoing basis. You agree that messages sent from your account through the Service are your communications, attributable to you for all purposes (including under Meta’s policies and applicable law).

No training on your content.Per Anthropic’s commercial API terms, message content sent through the Service is not used to train Anthropic’s models. DmSetter does not use your Platform Data to train any AI model, ours or any third party’s.

No guarantees. AI-generated replies may contain errors, inaccuracies, mistranslations, hallucinations, or content that does not match your intent. DmSetter expressly disclaims liability for: (a) the content, accuracy, tone, or consequences of any AI-generated message sent through the Service; (b) defamation, harassment, discrimination, or third-party rights claims arising from AI-generated content; (c) lost revenue, lost leads, reputational harm, or business losses caused by AI-generated messages; (d) actions taken by Meta or Instagram against your connected account (including warnings, restrictions, or termination) as a result of AI-generated content sent through the Service. AI features are provided as-is. You remain solely responsible for all content sent from your account.

Prompt injection risk.A bad-faith sender may attempt to manipulate the AI’s output through crafted inbound messages (a “prompt injection” attack). DmSetter applies reasonable safeguards but cannot guarantee perfect resistance. If a reply contains content you would not have sent, pause the affected conversation and contact us.

7. User content and intellectual property

Your content. You retain all rights in the content you provide to the Service, including your soul.md persona, brand voice, business information, and any other configuration data. You grant DmSetter a worldwide, non-exclusive, royalty-free license to Process this content solely to provide the Service to you for as long as your account is active.

Our software. DmSetter and its Service Providers own all right, title, and interest in the Service software, source code, infrastructure, brand, trademarks, algorithms, and prompts (including the agent instructions, classifier prompts, and reply-generation logic). These Terms do not transfer any of those rights to you.

Feedback. If you submit suggestions, ideas, or feedback to DmSetter, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Service without obligation or attribution.

8. Fees

The Service is currently free during an early-access period. Early access does not grant a perpetual right to use the Service without charge. DmSetter will introduce paid subscription plans in the future.

Before paid plans take effect, DmSetter will provide at least 30 days’ prior notice by email or through the Service, including pricing details and the effective date. If you do not accept the pricing, you may terminate your account before the change takes effect; no charge will apply for periods prior to the change.

9. Suspension and termination

Termination by you.You may terminate your use of the Service at any time by disconnecting your Instagram account from the Service settings, by revoking DmSetter’s access through Instagram, or by emailing legal@dmsetter.app.

Termination by DmSetter. We may suspend or terminate your access to the Service:

Immediately and without notice, if Meta requests termination under Section 5 of these Terms.
Immediately and without notice, if we have reason to believe you have violated these Terms, Meta’s policies, or applicable law.
On at least 30 days’ notice, for convenience or business reasons (for example, discontinuing the Service).

What happens to your data on termination. Following termination, your Platform Data is deleted according to the retention schedule in our Privacy Policy. You may also request immediate deletion using our Data Deletion Instructions. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, liability limits, indemnification, and governing law) will survive.

10. Disclaimers and liability

Service provided “as is”.The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, DmSetter disclaims all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or trade usage.

No business-outcome guarantees. We do not guarantee that the Service will generate leads, conversions, revenue, or any specific business result. We do not guarantee uninterrupted operation, freedom from errors, or compatibility with any future Meta API change.

Dependencies. The Service depends on third-party platforms — including Meta, Anthropic, OpenRouter, Supabase, Vercel, Railway, and Hookdeck. Outages, policy changes, or rate limits imposed by any of these providers may interrupt or change Service behaviour. DmSetter is not liable for failures caused by third-party platforms. DmSetter is not responsible for actions Meta or Instagram takes against your connected account (including warnings, restrictions, or termination) based on content sent through the Service.

Liability cap.To the maximum extent permitted by law, DmSetter’s aggregate liability for any and all claims arising from or related to the Service is limited to the greater of (a) the fees you paid to DmSetter in the twelve (12) months preceding the event giving rise to the claim, or (b) CAD $100. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages; for lost profits, lost revenue, lost leads, lost data, or lost goodwill; or for the cost of substitute services.

Mandatory law carve-out. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Quebec or Canadian law (including obligations of good faith under the Civil Code of Quebec).

11. Indemnification

You agree to defend, indemnify, and hold harmless DmSetter and its operators from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

Your use of the Service in violation of these Terms, Meta’s Platform Terms, or any applicable law.
Your violation of any Meta policy, including the Messaging Policy, Instagram Terms of Use, or Community Guidelines.
Your connection of an Instagram account you do not own or are not authorized to manage.
Any content sent from your connected Instagram account through the Service, including AI-generated replies.
Your violation of applicable privacy law (including PIPEDA, Law 25, or GDPR) in your communications with your own customers or contacts.
Your violation of any third party’s rights, including intellectual property and privacy rights.

DmSetter will give you prompt notice of any claim subject to indemnification and will cooperate reasonably in the defence, at your expense. You may not settle any claim that imposes any obligation on DmSetter without our prior written consent.

12. Miscellaneous

Governing law and venue. These Terms and any dispute arising from or related to them or the Service are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. The Civil Code of Quebec applies. You and DmSetter consent to the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec, for any dispute that is not otherwise required by law to be heard in another forum.

Changes.We may update these Terms from time to time. Material changes are reflected in the “Last updated” date at the top of this page and, where appropriate, notified to Users through the Service. Continued use of the Service after an update constitutes acceptance.

Notice. All legal notices to DmSetter must be sent to legal@dmsetter.app with the subject line Legal Notice. We may send notices to you by email at the address on file or through the Service.

Severability and waiver. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, or severed if modification is not possible, and the remaining provisions remain in full force. A failure to enforce any provision is not a waiver of the right to enforce it later.

Entire agreement and assignment. These Terms, together with our Privacy Policy, constitute the entire agreement between you and DmSetter regarding the Service. You may not assign or transfer these Terms without our prior written consent. DmSetter may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all assets.

Contact. Questions about these Terms: legal@dmsetter.app.

This document does not constitute legal advice. Users with specific legal questions should consult qualified counsel.