Terms of Service for MagicDM

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and MagicDM ("we", "our", or "us") governing your access to and use of the MagicDM platform and related services (the "Service").

By accessing, registering for, or using MagicDM, including by connecting your Instagram account, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

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

2. Description of Service

MagicDM is a software tool that enables users to automate and manage Instagram direct messages (DMs), comments, and interactions through official Meta (Instagram) APIs.

The Service may include, but is not limited to:

• Automated responses to incoming Instagram messages
• Comment-triggered messaging workflows
• Custom automation rules and keyword triggers
• Message templates and response systems
• Interaction tracking and basic analytics

MagicDM is designed to support user-initiated engagement and improve response efficiency. It is not intended to be used for unsolicited outreach or mass messaging.

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

3. Eligibility and Account Responsibilities

To use MagicDM, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Provide accurate, complete, and up-to-date registration information
• Maintain the confidentiality and security of your account credentials
• Be responsible for all activities that occur under your account

You agree not to share your account credentials or allow unauthorized access to your account.

You are solely responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and third-party platform rules, including those of Instagram.

4. Instagram Integration and Platform Compliance

MagicDM integrates with Instagram through official Meta APIs.

By using MagicDM, you agree that:

• You will comply with all applicable Meta Platform Terms, Instagram Terms of Use, and Community Guidelines
• You will not use the Service in a way that violates Instagram policies or harms the platform ecosystem

MagicDM does not control Instagram's platform and is not responsible for any actions taken by Meta against your account.

5. Acceptable Use Policy (Strict Enforcement)

You agree to use MagicDM in a lawful, ethical, and responsible manner.

Prohibited Activities

You are strictly prohibited from using MagicDM to:

• Send spam, unsolicited, or bulk direct messages
• Send repetitive, excessive, or low-value automated messages
• Conduct cold outreach campaigns without prior user interaction
• Harass, abuse, threaten, or intimidate any individual or group
• Send offensive, harmful, or inappropriate content
• Distribute misleading, fraudulent, or deceptive messages
• Conduct phishing, scams, or malicious campaigns
• Impersonate another person, brand, or organization
• Violate intellectual property rights or privacy rights
• Circumvent Instagram limitations, rate limits, or safeguards
• Use automation to artificially inflate engagement or simulate fake interactions

MagicDM maintains a zero-tolerance policy toward spam, harassment, and abusive messaging behavior.

User Messaging Responsibilities

You acknowledge and agree that you are solely responsible for:

• All messages sent through MagicDM
• Ensuring that communications are relevant and appropriate
• Obtaining any necessary user consent before sending messages where required by law
• Providing recipients with a clear and easy way to stop receiving messages (opt-out)
• Complying with applicable anti-spam, privacy, and communication laws

Messages sent through MagicDM must always be:

• User-expected
• Contextually relevant
• Non-intrusive

User-Initiated Interaction Requirement

MagicDM is designed to operate only in response to user-initiated interactions. You agree that you will NOT use the Service to:

• Initiate conversations with users who have not interacted with you
• Send mass outbound messages without user engagement
• Use automation to simulate organic conversations

6. User Content and License

You retain full ownership of any content you create, upload, or send using MagicDM.

However, by using the Service, you grant MagicDM a limited, non-exclusive, non-transferable license to:

• Store
• Process
• Transmit
• Display

your content solely for the purpose of operating and improving the Service.

You represent and warrant that:

• You have the necessary rights to use and share your content
• Your content does not violate any laws or third-party rights

7. Payments and Refund Policy

If we introduce paid plans or subscription features in the future:

• Pricing and billing details will be clearly presented before any purchase is made.
• You will have the option to review and accept the applicable fees before being charged.
• Payments may be billed on a recurring basis (e.g., monthly or annually), if applicable.
• We reserve the right to update pricing and introduce new paid features at any time, with reasonable notice.

Refund Policy

• We offer a 14-day money-back guarantee. If you are not satisfied with the Service, you may request a full refund within 14 days of your initial purchase.
• After the 14-day period, all payments are non-refundable.
• If you cancel your subscription, your paid access will remain active until the end of the current billing cycle, and no further charges will be applied.
• We reserve the right to deny refund requests in cases of abuse, misuse of the Service, violation of these Terms, or if your Instagram account is restricted or banned by Meta for violating their policies.

8. Suspension and Termination

We reserve the right to suspend or terminate your account at our sole discretion if:

• You violate these Terms
• You engage in prohibited or abusive behavior
• Your use of the Service poses legal, reputational, or operational risk

In the event of termination:

• Your access to the Service will be revoked
• Your data may be deleted in accordance with our Privacy Policy

9. Service Availability, Third-Party API Disclaimer, and AI Disclaimer

The Service is provided on an "as is" and "as available" basis.

You acknowledge that:

• MagicDM heavily relies on the Meta Graph API. WE ARE NOT RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, FEATURE DEPRECATIONS, OR PERFORMANCE ISSUES CAUSED BY CHANGES, DOWNTIME, OR RATE-LIMITING ENFORCED BY META OR INSTAGRAM.
• If you utilize AI-generated responses within MagicDM, you acknowledge that AI can produce unpredictable, inaccurate, or inappropriate content ("hallucinations"). You are solely responsible for reviewing and monitoring all AI-generated messages sent on your behalf. MagicDM assumes no liability for the consequences of AI-generated communications.
• Automation processes may occasionally experience delays or operational failures due to technical limitations or external API factors.
• Use of the Service is entirely at your own risk.

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free.
• Your use of the Service will result in specific business outcomes, increased engagement, or revenue.

10. Limitation of Liability

To the maximum extent permitted by law, MagicDM shall not be liable for:

• Any indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or account access
• Suspension, restriction, or termination of your Instagram account

Our total liability shall not exceed the amount you have paid to us in the past 12 months.

11. Indemnification

You agree to defend, indemnify, and hold harmless MagicDM and its affiliates from any claims, damages, liabilities, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your misuse of Instagram or other platforms

12. Changes to the Terms

We may update these Terms from time to time.

If changes are material, we will provide notice (e.g., via email or platform notification). Continued use of the Service after changes constitutes acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Cyprus, without regard to conflict of law principles.

14. Contact Information

MagicDM is operated by:
ZINGKODE LIMITED
Strovolou, 77, STROVOLOS CENTER, Flat/Office 301, Strovolos, 2018, Nicosia, Cyprus
Email: [email protected]
Website: magicdm.ai