Terms and conditions
This is an English translation for your convenience. The Dutch version is legally binding.
1. Who we are and what this is about
These terms apply to the use of DMback (“the service”), offered by DMback (“we”). The service automatically answers Instagram comments that contain a keyword you have chosen with a private message (“DM”) via Meta’s official Instagram API. By creating an account, you agree to these terms and to the Data Processing Agreement, which forms part of them.
The service is intended for businesses and organisations. You confirm that you are acting in the course of a profession or business.
2. Account and workspace
You are responsible for the accuracy of your details, keeping your password secret and everything that happens through your account. You may give team members access within the limits of your subscription. If you notice misuse of your account, report it immediately via the contact address on our website.
3. Instagram and Meta
To use the service, you connect an Instagram business or creator account. You remain bound by the terms and guidelines of Instagram and Meta. Meta determines which messages are possible: among other things, one automatic message per comment, within 7 days of the comment, and not to users who have disabled message requests. Meta may change or restrict the API, the limits or access at any time. We are not liable for the consequences of this, but will do our best to adapt the service as quickly as possible.
4. What you may do with the service
You are responsible for the content of the messages you set up. You may not use the service to:
- send unsolicited, misleading or unlawful messages, or links to malware, phishing or illegal content;
- infringe the rights of others, including privacy and intellectual property rights;
- circumvent the restrictions of Meta or of the service, or overload, copy or reverse-engineer the service.
In the event of a violation, we may pause sending or suspend your account. In the event of a serious or repeated violation, we may terminate the agreement immediately.
5. Trial, subscription and payment
A new workspace gets a free 14-day trial with no payment obligation. After that, you choose a subscription. Prices are shown on our website and exclude VAT, unless stated otherwise. Subscriptions are invoiced in advance per month or per year via our payment provider Stripe and renew automatically. If a payment fails, we try again; if payment remains outstanding, we pause sending until the payment has been made. Your settings are kept.
Each subscription has limits (including the number of accounts, keywords and DMs per calendar month). When the monthly limit is reached, sending stops until the next month or until you upgrade. We announce price changes at least 30 days in advance; you can then cancel before they take effect.
6. Cancellation and termination
You can cancel your subscription at any time in the dashboard. It then continues until the end of the paid period; amounts already paid are not refunded. If you delete your workspace, sending stops immediately and we erase all data after 30 days. We may terminate the agreement with one month’s notice, or immediately in the event of a serious breach.
7. Availability and support
We aim for a continuously available service, but do not guarantee uninterrupted operation. We schedule maintenance outside office hours as much as possible. We provide support by email on working days; we aim to reply within one working day.
8. Data and privacy
For your followers’ data (such as comments and Instagram IDs), you are the controller and we are the processor; the Data Processing Agreement applies to this. For your own account data, we are the controller; see the privacy statement.
9. Intellectual property
The service and the software remain ours. You receive a non-exclusive, non-transferable right of use for the duration of your subscription. The texts you set up yourself remain yours.
10. Liability
Our total liability is limited to the amount you paid for the service in the twelve months before the event that caused the damage. We are not liable for indirect damage, including lost revenue, missed leads or reputational damage, nor for damage caused by actions or restrictions of Meta. These limitations do not apply in the case of intent or deliberate recklessness.
11. Changes
We may change these terms. We announce material changes at least 30 days in advance by email or in the dashboard. If you don’t agree, you can cancel before the effective date.
12. Governing law
These terms are governed by Dutch law. Disputes will be submitted to the competent court in the district where we are established.
Contact
Questions about these terms? Email the contact address on our website.