Terms of Service

Last Updated: November 30, 2025

1. Acceptance of Terms

Welcome to Instagram DM Automation ("Service," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our Instagram direct message automation service.

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. Service Description

Instagram DM Automation provides the following features:

• Comment Automation: Automatically respond to comments on your Instagram posts
• Direct Message Automation: Send automated direct messages to users who interact with your posts
• AI-Powered Messaging: Generate personalized messages using artificial intelligence
• Analytics Dashboard: Track message delivery, engagement, and conversion metrics
• Multi-Account Management: Manage multiple Instagram Business accounts (depending on plan)

3. Account Registration and Eligibility

3.1 Account Requirements

To use our Service, you must:

• Be at least 18 years of age
• Have a valid Instagram Business or Creator account
• Have your Instagram account connected to a Facebook Page
• Provide accurate, complete, and current registration information
• Maintain the security of your account credentials
• Comply with Instagram's Terms of Use and Meta's Platform Terms

3.2 Instagram Business Account

You must convert your Instagram account to a Business or Creator account before using our Service. Personal accounts are not supported by the Instagram Graph API.

3.3 Account Security

You are responsible for:

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

4. Subscription Plans and Billing

4.1 Subscription Fees

Our Service is offered on a subscription basis. Pricing details are available on our website. By subscribing, you agree to pay the fees associated with your selected plan.

4.2 Billing Cycle

• Subscriptions are billed monthly in advance
• Billing occurs on the same day each month (your subscription anniversary date)
• Payment is processed automatically through our payment provider (Asaas)
• You authorize us to charge your payment method on each billing cycle

4.3 Payment Methods

We accept payment via:

• Credit cards (Visa, Mastercard, Elo, American Express)
• Bank slip (boleto bancário) - Brazilian users
• PIX - Brazilian users

4.4 Failed Payments

If a payment fails:

• We will attempt to charge your payment method up to 3 times
• Your account may be suspended after 7 days of non-payment
• Your account will be terminated after 30 days of non-payment
• You remain responsible for any unpaid fees

4.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service.

5. Cancellation and Refunds

5.1 Cancellation Policy

You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of your current billing cycle.

• No refunds for partial months
• You retain access until the end of the paid period
• Your data will be deleted 30 days after cancellation

5.2 Refund Policy

We offer a 7-day money-back guarantee for first-time subscribers:

• Request a refund within 7 days of your initial subscription
• Full refund of the first month's payment
• Does not apply to renewal payments
• Contact support@agenciacafeonline.com.br to request a refund

5.3 Service Termination by Us

We reserve the right to suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Use the Service for illegal or fraudulent activities
• Fail to pay subscription fees
• Violate Instagram's Terms of Use or Meta's Platform Terms
• Engage in abusive behavior toward our staff or other users

6. Acceptable Use Policy

6.1 Prohibited Activities

You may NOT use our Service to:

• Spam: Send unsolicited messages, mass DMs, or promotional content that violates Instagram policies
• Harassment: Harass, bully, threaten, or impersonate others
• Illegal Content: Distribute illegal, harmful, or offensive content
• Scraping: Scrape or harvest Instagram user data beyond what's necessary for Service functionality
• Rate Limits: Circumvent Instagram's rate limits or API restrictions
• Misleading Messages: Send deceptive or misleading automated messages
• Adult Content: Distribute adult, violent, or graphic content
• Malware: Distribute viruses, malware, or malicious links
• Reverse Engineering: Reverse engineer, decompile, or attempt to extract source code

6.2 Instagram Compliance

You must comply with:

• Instagram Community Guidelines
• Meta Terms of Service
• Meta Platform Terms
• Instagram's 24-hour messaging window policy
• Meta's rate limits and API usage policies

6.3 Best Practices

We recommend:

• Send personalized, valuable messages to users
• Respect user privacy and data protection laws
• Provide clear opt-out options in your messages
• Monitor message delivery rates and adjust strategy if needed
• Use AI-generated messages responsibly and transparently

7. Instagram API and Data Usage

7.1 API Access

Our Service uses the Instagram Graph API under Meta's Platform Terms. By using our Service:

• You grant us permission to access your Instagram Business account data
• You authorize us to send messages on your behalf
• You acknowledge that Meta may revoke API access at any time
• You agree to comply with Meta's Platform Terms and Developer Policies

7.2 Data Ownership

• Your Data: You retain ownership of all content you create and data from your Instagram account
• Instagram Data: Instagram user data accessed via API remains subject to Meta's terms
• Service Data: We own the Service software, infrastructure, and analytics (excluding your customer data)

7.3 Data Deletion

We will delete your Instagram data when:

• You disconnect your Instagram account from our Service
• You delete your account
• You revoke API permissions through Instagram settings
• Within 90 days of any of the above actions

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all software, design, text, graphics, logos, and trademarks, is owned by us and protected by copyright, trademark, and other intellectual property laws.

8.2 License to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, subject to these Terms.

8.3 Your Content

You retain ownership of content you create. By using the Service, you grant us a license to:

• Store and process your content to provide the Service
• Display your content in analytics and dashboards
• Use aggregated, anonymized data for Service improvement

9. Disclaimers and Limitations of Liability

9.1 Service Availability

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee:

• Uninterrupted or error-free operation
• Specific results from using the Service
• Compatibility with all devices or browsers
• That Instagram/Meta APIs will remain available or unchanged

9.2 Third-Party Dependencies

Our Service depends on third-party platforms (Instagram, Meta, OpenAI). We are not responsible for:

• Changes to Instagram's API or policies
• Instagram account suspensions or bans
• Meta's decision to revoke API access
• Downtime or outages of third-party services

9.3 Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months before the claim
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for damages caused by your violation of these Terms or Instagram's policies

9.4 Instagram Account Risks

You acknowledge that:

• Automated messaging may violate Instagram's policies if misused
• Instagram may suspend or ban accounts that violate their terms
• We are not responsible for account suspensions or bans
• You use the Service at your own risk

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of Instagram's Terms or Meta's Platform Terms
• Your violation of any third-party rights
• Content you send through the Service

11. Changes to the Service

We reserve the right to:

• Modify or discontinue the Service (or any features) at any time
• Change subscription pricing with 30 days' notice
• Update these Terms with notice via email or dashboard
• Add or remove features without prior notice

We will notify you of material changes. Continued use of the Service constitutes acceptance of changes.

12. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your data. By using the Service, you consent to data practices described in the Privacy Policy.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Brazil, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Service will be resolved through:

• Step 1: Good-faith negotiation between parties (30 days)
• Step 2: Mediation or arbitration in São Paulo, Brazil
• Step 3: Courts of São Paulo, Brazil (if mediation fails)

13.3 Waiver of Class Actions

You agree to resolve disputes individually, not as part of a class action or representative proceeding.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

14.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor or affiliate.

14.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, pandemics, government actions, infrastructure failures).

14.6 Language

These Terms are provided in Portuguese and English. In case of discrepancies, the Portuguese version prevails for Brazilian users.

© 2025 Instagram DM Automation. All rights reserved.
These Terms of Service are effective as of November 30, 2025.
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