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Terms of Service

Last updated September 16, 2026

These Terms of Service (“Terms”) govern access to and use of DM DESK, including dm-desk.com, the DM DESK application, and any related service (together, the “Service”), operated by DM Desk LLC, a California limited liability company, doing business as DM DESK (“DM DESK,” “we,” “us”). By creating an account or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the business you represent (“Customer,” “you”).

1. Eligibility

You must be at least 18 years old and have the authority to bind the business you are signing up on behalf of. You are responsible for ensuring anyone using the Service under your account complies with these Terms.

2. The Service

DM DESK connects to a Customer's Instagram and, where enabled, Messenger accounts through Meta's official APIs, and uses AI to draft or send replies to messages based on information the Customer provides, capture leads and reservations, and hand off conversations to a human when needed. DM DESK may also offer a website chat widget that helps a visitor build an order or request, which the widget then hands off to the Customer's own checkout or booking system. DM DESK does not process payments on a Customer's behalf and is not a party to any transaction between a Customer and its own customers.

3. Accounts

  • You must provide accurate information when creating an account and keep it up to date.
  • You are responsible for safeguarding your login credentials and for all activity under your account.
  • Notify us immediately at dmdeskai@gmail.com of any unauthorized use.

4. Subscriptions and billing

  • Paid plans are billed in advance on a recurring basis through Stripe. Applicable taxes may be added.
  • Subscriptions renew automatically until cancelled. You can cancel anytime from your billing settings; cancellation takes effect at the end of the current billing period.
  • Fees already paid are non-refundable except where required by law or where we state otherwise in writing.
  • We may change pricing on a going-forward basis with reasonable notice before it applies to your next billing cycle.

5. Acceptable use

You agree not to use the Service to:

  • Violate any law, or Meta's Platform Terms, Instagram Community Guidelines, or Commerce Policies when using the Instagram or Messenger integration.
  • Send unsolicited bulk messages, spam, or messages an End User has not consented to receive.
  • Upload or transmit content that is unlawful, deceptive, or infringes another party's rights.
  • Attempt to reverse engineer, scrape, or interfere with the Service or its AI systems.
  • Use the Service to make automated decisions that produce legal or similarly significant effects about a person without appropriate human review.

We may suspend or terminate accounts that violate this section, with or without notice, to protect the Service, other Customers, or End Users.

6. AI-generated content

DM DESK uses AI to draft or send messages based on information you provide. AI output can be inaccurate or inappropriate to a specific situation. In shadow mode, drafts are held for your review before sending. If you enable fully automated sending, you are responsible for reviewing your business rules and knowledge base and for the content sent on your behalf. DM DESK is not liable for outcomes resulting from AI-generated messages sent under settings you configured or approved.

7. Customer content and data

You retain ownership of the business content, branding, and data you provide to DM DESK. You grant us a limited license to host, process, and use that content solely to provide and improve the Service. You are responsible for having the right to provide any content you upload, including consent from End Users where required by law.

8. Third-party platforms

The Service depends on continued access to Meta's Instagram and Messenger APIs and other third-party providers. We are not responsible for outages, policy changes, or access restrictions imposed by Meta or any other third party, though we will make reasonable efforts to notify Customers of material disruptions.

9. Intellectual property

DM DESK and its underlying software, design, and branding are owned by us and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand assets outside of using the Service as intended.

10. Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the Service will be uninterrupted, error-free, or that AI output will be accurate.

11. Limitation of liability

To the maximum extent permitted by law, DM DESK will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue, arising from your use of the Service. Our total liability for any claim arising out of these Terms or the Service is limited to the amount you paid DM DESK in the twelve months before the claim arose.

12. Indemnification

You agree to indemnify and hold DM DESK harmless from claims arising out of your content, your use of the Service in violation of these Terms, or your violation of any law or third party's rights, including Meta's own platform terms.

13. Termination

Either party may terminate at any time; Customer-initiated termination follows Section 4. Upon termination, your right to use the Service ends and we will handle your data as described in our Privacy Policy.

14. Governing law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute not resolved informally will be brought in the state or federal courts located in California, and both parties consent to that venue.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the date at the top of this page. Continued use of the Service after a change means you accept the updated Terms.

16. Contact

Questions about these Terms: email dmdeskai@gmail.com.

DM DESK is operated by DM Desk LLC, a California limited liability company.