These Terms of Service ("Terms") are a binding agreement between you (together with the entity you represent, "Customer," "you," or "your") and dmset.ai ("dmset.ai," "we," "our," or "us"). These Terms govern your access to and use of the dmset.ai platform, dashboard, APIs, integrations, documentation, and related services (collectively, the "Service").
By creating an account, clicking "I agree," or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not access or use the Service.
dmset.ai is a business software platform that uses AI automation to qualify leads, handle objections, and book sales calls inside Instagram direct messages on behalf of its Customers, together with a dashboard, CRM, inbox, voice-training tools, and reporting.
You must be at least 18 years old and have the legal authority to bind yourself or the entity you represent. You agree to provide accurate and complete information, keep your credentials secure, and promptly notify us of any unauthorized use of your account at team@dmset.ai. You are responsible for all activity that occurs under your account.
All fees paid to dmset.ai are final and non-refundable. By creating an account, entering payment information, or otherwise paying for the Service, you expressly acknowledge and agree to the following:
By clicking to subscribe, entering payment details, or continuing to use the Service after the start of any billing period, you affirmatively consent to this No-Refunds Policy and Chargeback Waiver.
If you provide a mobile phone number to dmset.ai (including in your account profile, on a form, in a Calendly booking, or by texting us), you expressly consent to receive non-marketing SMS or MMS text messages from dmset.ai or our authorized service providers relating to your account, your booking, your support requests, and your use of the Service. Message types may include booking confirmations and reminders, account or security alerts, replies to inbound messages you send us, and operational updates about the Service.
Message frequency: varies based on your activity. Message and data rates may apply at your carrier's standard rates. You can reply STOP at any time to opt out of further messages, or reply HELP for help. Carriers are not liable for delayed or undelivered messages. Consent to receive text messages is not a condition of purchasing the Service.
We do not share your phone number or your SMS opt-in consent with third parties for their own marketing purposes. Phone numbers and SMS consent records are used solely to operate, secure, and support the Service.
If you operate the Service for your own business and send SMS or DMs to your end users through the Service or any integrated platform, you are solely responsible for obtaining all required opt-in consent from those end users and for complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, applicable carrier rules (including 10DLC / A2P registration where required), and Meta / Instagram Platform Policy. dmset.ai is a tool that you direct; the messages you send through it are your messages.
You agree not to, and not to allow any third party to:
We may suspend or terminate your access if we reasonably believe you have violated these Terms.
The Service integrates with third-party platforms including ManyChat, Instagram (via ManyChat's official API), Calendly, and payment processors. Your use of those platforms is governed by their own terms and policies. We are not responsible for third-party services, and we make no representations regarding their availability, features, or pricing.
"Customer Data" means information, content, or data that you or your end users submit to the Service or that we process on your behalf, including DM content, lead records, prompts, voice-training samples, and configuration. You retain all rights, title, and interest in and to Customer Data.
You grant dmset.ai a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use Customer Data solely as necessary to provide, secure, and improve the Service, to comply with legal obligations, and to enforce these Terms.
You represent and warrant that you have all rights, consents, and notices necessary for dmset.ai to process Customer Data as contemplated in these Terms and our Privacy Policy.
The Service, including all underlying software, models, designs, prompts, documentation, and trademarks, is owned by dmset.ai and its licensors and is protected by intellectual property laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription term for your internal business purposes.
We welcome feedback. If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction.
The Service uses artificial intelligence to generate replies, classifications, and suggestions. AI output may be inaccurate, incomplete, or off-tone. You are responsible for reviewing, supervising, and overriding AI output as appropriate for your business. dmset.ai does not guarantee any specific sales, booking, or conversion outcome.
You must not use AI output in a way that violates applicable law, third-party rights, or the acceptable-use policies of connected platforms (including Meta / Instagram).
Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses to protect its own (and in no event less than a reasonable standard of care), and to use Confidential Information only as necessary to perform under or exercise rights granted in these Terms. "Confidential Information" does not include information that is publicly known through no breach of this obligation, was independently developed, or is rightfully obtained from a third party without restriction.
These Terms begin when you first access or use the Service and continue until terminated as described here. Either party may terminate for any reason at the end of the then-current billing period. We may suspend or terminate the Service immediately if you materially breach these Terms or if we are required to do so by law or a third-party platform. Upon termination, your right to access the Service ends and we will delete or return Customer Data as described in the Privacy Policy.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, dmset.ai DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. dmset.ai DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR AI OUTPUT WILL BE ACCURATE OR RELIABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, dmset.ai AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE AGGREGATE LIABILITY OF dmset.ai AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO dmset.ai FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
You will defend, indemnify, and hold harmless dmset.ai and its affiliates, officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your breach of these Terms, (b) your Customer Data, (c) your use of the Service in violation of applicable law or third-party rights, or (d) the products or services you sell using the Service.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The federal and state courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or related to these Terms, and each party consents to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.
We may modify or discontinue the Service at any time. We may update these Terms from time to time by posting the updated version on our website and updating the "Last updated" date. If we make material changes, we will provide reasonable notice. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
Questions about these Terms can be sent to:
dmset.ai
Email: team@dmset.ai