Terms of Service

DM Tracker.ai Terms of Service

Last updated: July 31, 2025

1. Agreement to Terms

By accessing or using DM Tracker (“Service”), you (“you” or “Customer”) agree to be bound by these Terms and any referenced policies. If you don’t agree, do not use the Service.

2. Definitions

● “Organization” refers to a workspace connected to a single Instagram business profile.

● “User” means any individual authorized to access an Organization, including Owners, Admins, and Team Members.

● “Contact” refers to any Instagram user whose messages or interactions are tracked through the Service.

● “ManyChat Integration” means the connection method where you authorize DM Tracker to receive data via your ManyChat account and configured automation template.

● “Webhook” refers to a secure data transmission from your ManyChat workflow into DM Tracker.

● “Follow-Up Stage” means a time-based step in your outreach cadence configured by an Organization Owner or Admin.

● “Card” refers to a visual representation of a lead in the Kanban pipeline.

● “Open”, “Sent”, and “Finished” tabs are views within the Kanban board reflecting the current follow-up status of a Contact.

3. Use of the Service

We grant you a non‐exclusive, non‐transferable license to use DM Tracker for your internal business purposes. You may not resell or sublicense the Service. We reserve the right to impose usage limits or enforce fair use policies to prevent abuse of the Service.

4. Account Eligibility

You represent that you’re at least the age of majority in your jurisdiction and have authority to bind the organization. You must not misrepresent your identity or impersonate another party.

5. Prohibited Activities

You agree not to:

● Violate Instagram, Meta, or ManyChat policies;

● Transmit viruses, malware, or unauthorized bots;

● Reverse engineer or copy DM Tracker;

● Use the Service in illegal or harmful ways.

6. ManyChat Integration

DM Tracker relies on a ManyChat workflow template and OAuth integration:

● You connect your IG business account via ManyChat.

● You install our automation template and fill in the organization ID and auth token.

● You must set the default reply flow to trigger messages “every time” (not once per 24 h).

● DM Tracker processes webhooks only from these templates.

● You agree to maintain your ManyChat account and permissions in good standing as the integration provider .

7. Fees and Billing

DM Tracker is offered on a subscription basis. Payment terms, billing frequency, and feature access depend on the plan you select at signup.

● Pricing is available on our official Pricing page and may be updated at any time at our sole discretion. We will make reasonable efforts to notify active subscribers of any

material changes in advance.

● All fees are billed in advance and are non-refundable, including in cases of partial use, early termination, or downgrades during a billing cycle.

● Subscriptions auto-renew at the end of each billing cycle unless canceled before the renewal date.

● You may cancel your subscription at any time through your account settings.

Cancellation will take effect at the end of your current billing cycle, and you will retain access to the Service until then.

8. Termination

Either party may terminate the account at any time (with or without cause). We may also suspend your access upon breach. Obligations accrued prior to termination survive, including liability clauses and confidentiality. No refunds will be issued for any unused portion of a subscription term upon termination.

9. Data Processing & Privacy

DM Tracker processes contact/event data for analytics and pipeline functionality. We comply with GDPR, CCPA, and other applicable laws. Our Privacy Policy governs how we

handle personal data.

10. Intellectual Property

All software, dashboards, UX/UI, design, analytics models, trademarks, and branding remain our sole property. Users may not copy, distribute, or reverse engineer any aspect of DM Tracker.

11. Feedback

Any feedback you provide may be used by us (anonymized or aggregated) at your consent to improve the Service. You grant us a perpetual, royalty‐free license to use such feedback .

12. Warranty Disclaimer

The Service is provided “as is.” We disclaim all warranties - no guarantee that features like pipeline and follow-up stage updates, metrics, or uptime will be uninterrupted or error‐free. Integration depends on external APIs; delays or outages in Meta/ManyChat are outside our control. We do not guarantee any specific uptime, message delivery speed, or synchronization frequency. Service performance may vary depending on third-party API behavior (e.g., ManyChat, Meta/Instagram).

13. Instagram Disclaimer

DM Tracker is an independent software service and is not affiliated with, endorsed by, or sponsored by Instagram, Meta Platforms, Inc., or any of its subsidiaries.

The Instagram name and logo are trademarks of Meta Platforms, Inc. Any use of these marks is for descriptive purposes only to indicate compatibility or integration with Instagram’s platform.

14. Limitation of Liability

To the maximum allowed by law, we’re not liable for any indirect, incidental, special or consequential damages, or lost profits, arising from your use of DM Tracker.

15. Indemnification

You agree to indemnify and hold us harmless from claims arising from your breach, violation of policies, or misuse of DM Tracker. You also agree to comply with applicable laws and platform policies.

16. Modifications to Service & Terms

● We may modify or discontinue parts of the Service at our discretion.

● We can update these Terms by posting a new version; continued use after changes constitutes acceptance .

17. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Cheyenne, Wyoming, unless the parties mutually agree to another location.

Class Action Waiver. You agree that any arbitration shall be conducted only on an individual basis, and not in a class, consolidated, or representative action. You expressly waive any right to bring or participate in a class action or seek relief on a class basis.

Injunctive Relief. Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims related to intellectual property or unauthorized access to the Service.

Jurisdiction for Non-Arbitrable Claims. If a dispute is not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in Laramie County, Wyoming.

18. Third-Party Links & Integration

We are not responsible for third-party services (ManyChat, Instagram, Meta). Their policies govern your behavior on those platforms.

19. No Rights for Third Parties
These Terms benefit only you and us - no other party is a beneficiary.

20. Contact Information

If you have any questions about these Terms or need support, you can contact us at: [email protected]

21. Entire Agreement

These Terms, along with any applicable Privacy Policy or Data Processing Addendum, constitute the entire agreement between you and DM Tracker, LLC regarding the Service and supersede any prior agreements,