Terms of Service

1. Definitions

• "EngageDM", "we", "us", "our" — EngageDM, the platform operated at engagedm.in.
• "User", "you", "your" — Any individual or entity that creates an account and uses the EngageDM platform.
• "Service" — The EngageDM web application, APIs, automation engine, analytics dashboard, and all associated features.
• "Workspace" — A container within EngageDM tied to one Instagram Business or Creator account.
• "Automation" — A configured rule that automatically sends a Direct Message on Instagram when a specified trigger condition is met.
• "Instagram User" / "Commenter" — A third-party Instagram user whose comment triggers your Automation.
• "Content" — DM messages, keywords, automation names, and any other data you input into EngageDM.
• "Meta" — Meta Platforms, Inc., the parent company of Instagram and Facebook.
• "Subscription" — A paid plan (Basic, Pro or Pro Plus) that renews automatically at the end of each billing cycle until cancelled, billed through Dodo Payments in INR (India) or USD (elsewhere).
• "Billing Cycle" — The period a Subscription is charged for at each renewal: monthly, quarterly (3 months), half-yearly (6 months) or yearly.

2. Service Changes & Pricing Notice

EngageDM is under continuous development. Features may be added, changed or removed over time, and the Service depends on Instagram's API, which Meta may change without notice to us.

• We may change or discontinue a feature with reasonable advance notice where the change materially affects how you use the Service.
• We may change the price of a plan. A price change never applies to a billing period you have already paid for. For an active Subscription, we will email you at least 14 days before the first renewal the new price applies to, and you may cancel before that renewal to avoid it.
• New plans, billing cycles or features may be introduced at any time and offered at prices different from those of existing plans.

3. Eligibility & Account Requirements

3.1 Age

You must be at least 13 years old to use EngageDM. If you are under 18, you represent that you have obtained parental or guardian consent.

3.2 Instagram Account Type

EngageDM works exclusively with Instagram Business or Creator accounts. Personal Instagram accounts are not supported and are ineligible to use the Service. By connecting your Instagram account, you represent that it is a Business or Creator account.

3.3 Meta & Instagram Terms

You must have, and agree to maintain, an Instagram account in good standing and comply with Meta's Terms of Use, Instagram's Community Guidelines, and all applicable Meta Platform policies. Your EngageDM account is contingent on your Instagram account remaining active and compliant.

3.4 Legal Capacity

By using EngageDM, you represent that you have the legal capacity to enter into a binding contract and are not prohibited from using the Service under any applicable law.

4. Account Registration & Security

• You register using your Google account via OAuth 2.0. You are responsible for all activity that occurs under your EngageDM account.
• You must not share your account credentials or allow others to access your account.
• You must notify us immediately at [email protected] if you suspect unauthorised access to your account.
• You may only operate one EngageDM account per individual or business. Creating multiple accounts to circumvent limits or bans is prohibited.
• We reserve the right to refuse registration or cancel accounts at our discretion.

4.1 Recovery Google Account

EngageDM allows you to optionally link a second Google account as a recovery method from Settings → Account. The recovery account can be used to sign in to your EngageDM account in the event that you lose access to your primary Google account. The following conditions apply:

• You must be signed in to your primary account to link or remove a recovery account.
• The recovery account must be a different Google account from your primary sign-in account.
• A Google account can only be used as a recovery account for one EngageDM account at a time.
• The recovery account can only be used to sign in — it cannot be used to access billing, transfer ownership, or perform any account management actions beyond authentication.
• You are responsible for the security of the Google account you link as a recovery account. If your recovery Google account is compromised, notify us immediately at [email protected].
• You may remove the recovery account link at any time from Settings → Account.

5. Description of Service

EngageDM provides the following features (subject to your plan and Instagram API availability):

• Automation Builder: A visual tool to configure comment-triggered DM automations with keyword matching, post scoping, personalised message templates, and a CTA link button.
• Instagram Post Sync: Pulls your recent Instagram posts into EngageDM to select specific posts as automation targets.
• Automation Execution: Monitors comments on your connected Instagram posts and sends DMs when trigger conditions are met.
• Link Tracking: Replaces your destination URLs with short redirect links to measure clicks from DMs.
• Analytics Dashboard: Displays DMs sent, link clicks, and automation performance over time.
• Templates: A library of pre-built and user-saved DM message templates that can be reused across multiple automations.
• Re Run: The page listing your synced Instagram posts and reels, from which you can run an automation over any of them so that comments it missed still get their replies.
• Contacts: An auto-populated contact log of Instagram users who have been engaged by your automations, including their username, engagement date, and which automation triggered the interaction. This is for your reference only and is not a CRM or marketing list feature.
• Multi-Account Management: Connect and manage multiple Instagram accounts (Workspaces) under a single EngageDM account (subject to plan limits).

The Service depends on Instagram's Graph API. EngageDM's ability to send DMs, read comments, and sync posts is entirely subject to Meta's API availability, your account's API access level, and Meta's platform policies. We are not responsible for service interruptions caused by Meta.

6. Acceptable Use Policy

You agree to use EngageDM only for lawful, legitimate business or creator purposes. The following are strictly prohibited:

6.1 Spam & Harassment

• Using EngageDM to send unsolicited bulk messages, spam, or chain messages
• Sending harassing, threatening, abusive, defamatory, or discriminatory DMs
• Impersonating another person, brand, or entity in your DM messages
• Sending DMs to users who have explicitly asked not to be contacted

6.2 Illegal Content & Activities

• Sending DMs that contain illegal content under Indian law or the recipient's applicable jurisdiction
• Promoting illegal products or services (drugs, weapons, counterfeit goods, etc.)
• Facilitating gambling, pyramid schemes, or fraudulent investment schemes
• Sharing sexually explicit content, content involving minors, or any content that violates Instagram's Community Guidelines
• Violating any applicable data protection, consumer protection, anti-spam, or privacy laws

6.3 Platform Abuse

• Attempting to reverse-engineer, decompile, or disassemble any part of EngageDM
• Accessing EngageDM's API or database other than through the provided interface
• Using automated scripts, bots, or scrapers to interact with EngageDM
• Circumventing any rate limits, security measures, or access controls
• Attempting to interfere with the availability or integrity of EngageDM's infrastructure
• Creating fake engagement (e.g., using bot accounts to trigger your own automations)

6.4 Instagram API Abuse

• Using EngageDM to violate Meta's Platform Terms or Instagram's Community Guidelines
• Using EngageDM to send DMs at volumes that violate Instagram's messaging rate limits
• Attempting to access Instagram data beyond the permissions you have granted to EngageDM

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

7. Instagram & Meta Platform Compliance

EngageDM is a Meta Tech Provider that operates under Meta's Platform Terms. You acknowledge and agree to the following:

• You are responsible for your automation content. EngageDM is a tool — you author the DM messages, set the triggers, and activate the automations. EngageDM executes your instructions. We are not responsible for the content of DMs you configure.
• You must comply with Meta's Messaging Policy. Instagram's API restricts the types of messages that may be sent and to whom. You are responsible for ensuring your automations comply with Meta's messaging guidelines, including rules about promotional content, consent, and opt-out mechanisms.
• Instagram account health is your responsibility. Sending DMs at excessive rates, sending spam, or otherwise violating Instagram's policies may result in Meta restricting or banning your Instagram account. EngageDM is not liable for any such actions taken by Meta against your account.
• API permissions may change. Meta may modify, restrict, or revoke API access at any time. If Meta changes its policies or restricts the API in a way that limits EngageDM's functionality, EngageDM will make commercially reasonable efforts to adapt, but cannot guarantee uninterrupted service.
• Recipient consent. You are responsible for ensuring that the individuals who trigger your automations (by commenting on your public posts) are aware that you may send them a DM in response. We recommend disclosing this in your post captions (e.g., "Comment 'LINK' and I'll send you the details in your DMs").

8. Link Tracking Feature

• When you enable the Link Button CTA feature, your destination URL is wrapped in a EngageDM redirect link (engagedm.in/r/[code]) for click tracking purposes.
• You are responsible for the destination URL you provide. You must not use the link tracking feature to redirect users to malware, phishing sites, illegal content, or any content that violates these Terms.
• You are responsible for disclosing to your audience that links may be tracked, where required by applicable law (e.g., GDPR, India's DPDP Act).
• Click data is retained for 180 days and is available to you in your analytics dashboard.
• EngageDM does not set cookies on destination pages and does not track users beyond the single redirect event.

9. Subscriptions & Billing

9.1 Plans

Prices above are exclusive of the payment-processing fee and, for customers in India, 18% GST. Both are added on top and the total is shown before you pay, then itemised on your tax invoice.

Pricing may change as described in Section 2. A change never affects a billing period you have already paid for.

9.2 Automatic Renewal & Billing

• Every paid plan is a recurring Subscription. When you subscribe, you authorise us (through our payment processor) to charge your chosen payment method the plan price for the Billing Cycle you selected, and then again at the end of every Billing Cycle, at the price then in force, until you cancel. The recurring amount, the cycle and the next charge date are shown before you confirm, on your Billing page, and in the receipt for each charge.
• We email you a pre-debit notice before each charge (sent within the 48 hours before it is taken, and before every yearly renewal), and a receipt after each successful charge.
• You may cancel at any time from Billing → Cancel subscription. Cancelling stops all future charges; you keep full access to your plan until the end of the period you have already paid for, after which your account returns to the free tier and sending pauses. No further action is needed on your part.
• Billing is processed by Dodo Payments, which acts as the merchant of record, applies the tax due in your country and issues your invoice. For customers paying in Indian Rupees the recurring charge is held as an e-mandate on your card or UPI ID and the pre-debit notification the Reserve Bank of India requires is sent before each charge. By subscribing you also agree to Dodo Payments' terms.
• Charges are non-refundable except as set out in Section 10.

9.3 Paid Plans

EngageDM offers three paid plans, each at one flat recurring price regardless of how many Instagram accounts you connect within the plan's limit:

• Basic — one connected Instagram account, a monthly cap of 2,000 automated DMs, 1 Re Run a month, unlimited automations, every template, analytics, and 1 giveaway draws per rolling 30 days.
• Pro — no monthly DM cap, up to 50 connected Instagram accounts, 5 Re Runs a month (each limited to comments from the previous 7 days, per Instagram's rules), a DM queue, multiple public reply variations, contact/lead export, and 5 giveaway draws per rolling 30 days.
• Pro Plus — everything in Pro, plus priority support (your support messages are answered ahead of other queues) and 20 Re Runs a month.

Features described as "coming soon" on our marketing pages are not part of any plan until they are released; their absence is not a defect in the Service.

Current prices for each plan and billing cycle are shown on the Pricing and Billing pages. Prices displayed exclude the payment-processing fee and, for customers in India, 18% GST; the total charged is shown before payment and itemised on your tax invoice.

9.4 Changing Plans

Upgrading to a higher plan or a longer Billing Cycle takes effect immediately. The payment processor charges the difference for the remainder of your current period on a prorated basis and your Subscription continues on the new plan at the next renewal. The prorated credit for the unused part of the old plan is applied to that charge only and has no cash value.

Downgrading to a lower plan or a shorter Billing Cycle is scheduled for the end of your current period, so you never forfeit time you have already paid for. Until then your current plan continues unchanged; you may cancel the scheduled change at any time before it takes effect. When the downgrade applies, any Instagram accounts beyond the new plan's limit are paused (the oldest connected accounts remain active) and the new plan's DM limit applies from that point.

9.5 Free Trial

New EngageDM accounts begin with a 30-day free trial, counted from the day the account is created, during which you can use the Service with 100 automated DMs, one Instagram account, analytics and one giveaway draw. No payment method is required for the trial and it does not convert into a paid plan on its own — nothing is ever charged unless you choose a plan and subscribe. You will receive email reminders at 7 days and 3 days before your trial ends. When the trial ends, automated sending pauses until you subscribe. All automation configurations and account data are preserved and are restored immediately upon subscribing.

The trial is available once per Instagram account: connecting an Instagram account that has previously been used for a trial on another EngageDM account does not start a new trial. EngageDM reserves the right to modify trial terms for new sign-ups.

9.6 Monthly DM Limits

The free trial includes 100 DMs for the whole trial, not per calendar month. On a paid plan (2,000 DMs a month on Basic; Pro and Pro Plus have no cap) the allowance refills every month on your own billing anniversary, not on the 1st of the calendar month — an annual plan still refills each month. If you reach the limit, your active automations are paused for the rest of the period and resume automatically on the next refill, or immediately if you upgrade. You will receive an email notification when the limit is reached. No configuration or data is deleted when automations pause.

9.7 Failed Payments

If a renewal charge fails, the payment processor retries it automatically over the following days and we email you so you can update your payment method. Your plan stays active to the end of the period you have already paid for. If the charge cannot be collected by then, your Subscription is cancelled, your account returns to the free tier and your automations are paused. All automation configurations are preserved and are restored when you subscribe again.

9.8 Multiple Instagram Accounts

The free trial and the Basic plan each cover one connected Instagram account. Pro and Pro Plus include up to 50 connected Instagram accounts at no additional charge; there is no per-account fee and nothing to purchase when you connect another account. Each connected account must be an Instagram Business or Creator account that you own or are authorised to operate. The account limit is a fair-use ceiling and may be raised for a specific customer on request.

9.9 Promo Codes & Discount Coupons

EngageDM may issue promotional discount codes that reduce the price of a Subscription. Unless otherwise stated on the code:

• A code discounts the first Billing Cycle of a new Subscription only; renewals are charged at the full plan price. Codes cannot be applied to a Subscription that is already running.
• A code may have a usage cap (a maximum number of redemptions) or an expiry date, after which it is no longer valid.
• Codes cannot be exchanged for cash or applied retroactively to completed payments.
• Codes are non-transferable and may only be used by one account per code. Creating multiple accounts to reuse a code is prohibited.
• EngageDM reserves the right to void a discounted purchase and suspend an account if code abuse is detected.

Partner referral codes (used by participants in the EngageDM Partnership Programme) are governed by Section 11 of these Terms.

10. Refund Policy

10.1 No Refunds — Cancel Anytime

Subscription charges are non-refundable. Because the free trial lets you use the Service before paying, and because you can cancel at any time and keep access to the end of the period you have paid for, we do not refund a charge once it has been made — whether for the first Billing Cycle, a renewal, or the unused part of a period after you cancel or downgrade. Cancelling is the way to stop paying: it prevents every future charge and needs nothing else from you.

10.2 Exceptions

We will refund a charge, in full and to the original payment method, where:

• you were charged twice for the same period, or charged after a cancellation that was confirmed before the renewal date (a billing error on our or our processor's side);
• a charge was made for a plan or amount you did not select;
• the law of the country you are in gives you a right to a refund that cannot be excluded. In particular, consumers in the European Union, EEA and United Kingdom have a 14-day right to withdraw from a contract for digital services. At checkout you ask us to start the Service immediately and acknowledge that you lose this right once the Service has been fully provided; where the Service has not yet been used within the 14 days, we refund on request.

Refunds for these reasons are issued through the original payment processor and typically appear within 5–10 business days. A refund ends the Subscription it relates to: your account returns to the free tier and automations are paused when the refund is issued.

10.3 How to Request

Email [email protected] from your account email with the charge date, the amount and the reason, or message us through the support channel in your dashboard. We respond within 5 business days. Please contact us before raising a dispute with your bank or card issuer — a chargeback for a charge that does not fall under Section 10.2 may result in suspension of the account under Section 18.

11. Partner & Referral Programme

EngageDM operates a referral partnership programme that allows participants ("Partners") to earn commissions by referring new paying users. By joining the programme, you agree to the following terms in addition to the rest of these Terms of Service.

11.1 Joining

You may apply to join the partnership programme from Settings → Partner in your EngageDM dashboard. Approval is automatic for users in good standing. EngageDM reserves the right to reject or revoke partner status at its sole discretion.

11.2 Commissions

• Partners earn a commission of 25% on each qualifying payment — the first charge and every renewal — of a Subscription started by a referred user using your unique referral code at checkout.
• Referred users receive a 10% discount on the first Billing Cycle of their Subscription when applying a valid partner code.
• Commissions are "confirmed" and credited to your partner balance immediately upon the referred user's successful payment — on the first charge and on every renewal alike. No holding period applies.
• If a referred user's payment is subsequently refunded under Section 10.2, reversed or charged back, the associated commission is reversed and deducted from your partner balance. Where this results in a negative balance, the deficit is set off against future commissions or payouts.
• Commissions are calculated on the net amount received by EngageDM — that is, after any discount applied by your referral code and after any other discount applied to the charge, and excluding payment-processing fees and taxes.

11.3 Payouts

• You may request a payout when your confirmed partner balance reaches a minimum of ₹20 (partners paid in Indian Rupees) or $0.50 (partners paid in US Dollars).
• You may request a maximum of two (2) payouts in any rolling 30-day period. A slot frees up once the request that used it is more than 30 days old. A payout request that an administrator rejects is refunded to your balance and does not count towards this limit.
• Payout destination is set once. The UPI ID (₹) or PayPal email ($) you provide with your first payout request is stored on your partner account and used for all subsequent payouts. You cannot change it yourself. To change it, contact EngageDM support; we may require verification of your identity before making the change. You are responsible for the accuracy of the details you provide.
• Your balance is pre-deducted when you submit a payout request. If an administrator rejects the payout, your balance will be restored in full.
• Payouts are processed manually by EngageDM administrators via UPI. We aim to process requests within 3–5 business days but do not guarantee a specific timeline.
• You are responsible for providing accurate UPI payment details. EngageDM is not liable for payments sent to incorrect details you supply.

11.4 KYC & Tax Deducted at Source (TDS)

EngageDM is required to comply with the Income Tax Act, 1961 with respect to partner earnings. The following applies:

• TDS threshold: If your total payouts in a single financial year (April 1 – March 31) exceed ₹19,500, EngageDM is obligated to deduct TDS at 2% on the full payout amount for that and all subsequent payouts in the same financial year.
• PAN requirement: Indian partners must submit their Permanent Account Number (PAN) via the partner dashboard before any payout that would take their financial-year total past ₹19,500 is processed. Below that threshold no PAN is required. Submitting your PAN does not itself cause any deduction — TDS applies only above the threshold described above. Until a PAN is on record, a payout that would cross it is refused and the balance continues to accrue; we never deduct at the 20% rate Section 206AA of the Income Tax Act prescribes where no PAN is held.
• PAN verification: Submitted PANs are verified against Income Tax Department records through a third-party verification provider. A PAN that cannot be verified will be rejected and the payout will not proceed. Verification confirms that the PAN is valid and returns the name registered against it; it does not, by itself, establish that the payout destination you supplied belongs to you.
• One PAN per account: A PAN may be registered to one partner account only. Attempting to register a PAN already held by another account will be refused, and operating multiple partner accounts to remain below the TDS threshold is a breach of these terms (see 11.5). The ₹19,500 threshold is applied per person, not per account.
• PAN is permanent: Once submitted and verified, your PAN cannot be updated or removed by you. Ensure you enter it correctly; contact support if a correction is genuinely required.
• TDS deduction: When TDS applies, EngageDM deducts 2% from the gross payout amount and transfers the net amount to your UPI account. The deducted amount is deposited with the Income Tax Department on your behalf and reported in quarterly TDS returns (Form 26Q). You may claim credit for this TDS in your annual income tax return.
• TDS on all subsequent payouts: Once your financial year total crosses ₹19,500, TDS applies to every further payout in that financial year — not just the amount above the threshold.
• Financial year reset: The ₹19,500 threshold resets at the start of each new financial year (April 1). However, your submitted PAN remains on file permanently and will be used again if TDS becomes applicable in a future year.
• Your tax obligations: TDS deducted by EngageDM does not discharge your full income-tax liability. You remain responsible for declaring partner commissions as income and filing your tax returns accordingly. EngageDM is not a tax advisor; consult a qualified professional if you have questions about your tax position.

11.5 Programme Rules

• No self-referral: Using your partner code on accounts you own or control is strictly prohibited and will void all associated commissions.
• Accurate representation: You must not misrepresent EngageDM's features, pricing, results, or guarantees in your promotional content.
• No branded paid search: You may not run paid advertisements targeting EngageDM's brand name or trademarks without prior written approval.
• No spam: Distributing your referral link via unsolicited bulk messages, spam, or deceptive marketing is prohibited.
• Disclosure: You must clearly disclose your partner relationship with EngageDM in any promotional content, in accordance with applicable consumer protection and advertising regulations (including ASCI guidelines in India).

11.6 Suspension & Termination of Partner Status

EngageDM may suspend or permanently revoke partner status if you breach these rules, engage in fraud, or if your main EngageDM account is banned or terminated. Commissions already confirmed prior to a termination for cause will be assessed individually; EngageDM reserves the right to forfeit commissions earned through fraudulent or prohibited activity.

11.7 Programme Changes

EngageDM may modify commission rates, minimum payout thresholds, or other programme terms at any time with 14 days' advance notice to active partners by email. Changes will not affect commissions already credited to your balance prior to the change date.

12. Intellectual Property

12.1 EngageDM's IP

EngageDM and its licensors own all rights, title, and interest in and to the Service, including all software, source code, design, branding, trademarks, and documentation. Nothing in these Terms transfers any ownership of EngageDM's intellectual property to you.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose during the term of your account.

12.2 Your Content

You retain all ownership of the Content you create in EngageDM (automation names, DM messages, keywords, etc.). By using EngageDM, you grant us a limited, royalty-free license to use, store, process, and transmit your Content solely to operate the Service on your behalf.

You represent and warrant that your Content does not infringe any third-party intellectual property rights and complies with all applicable laws.

12.3 Feedback

If you submit feedback, suggestions, or ideas about EngageDM, we may use that feedback without restriction or compensation to you.

13. Your Content & Data

• You are solely responsible for all Content you configure in your automations, including DM messages, keyword triggers, and CTA links.
• You represent that you have all necessary rights to use and distribute the Content via your automations.
• EngageDM acts as a data processor on your behalf with respect to the personal data of Instagram users processed through your automations. You are the data controller for that data under applicable privacy law.
• You are responsible for having an appropriate legal basis for processing Instagram users' data through your automations (e.g., legitimate interest in responding to public comments).

14. Service Availability

• EngageDM is provided on a commercially reasonable best-effort basis. We do not guarantee 100% uptime or uninterrupted service.
• Planned maintenance will be announced in advance where possible. Emergency maintenance may occur without prior notice.
• Service availability depends on third-party services including Meta's Instagram API, Google and Dodo Payments. Outages or changes by these providers may affect EngageDM's functionality. We are not liable for downtime caused by third-party providers.
• We target reasonable availability but make no SLA (Service Level Agreement) commitments. Downtime does not entitle you to a refund except as set out in Section 10.

15. Disclaimers

• EngageDM does not warrant that the Service will be error-free, uninterrupted, or secure.
• EngageDM does not guarantee any specific results from using the Service, including growth in followers, DM open rates, sales conversions, or lead generation.
• EngageDM is not responsible for changes to Meta's API, Instagram's algorithm, or Instagram's platform policies that may affect the effectiveness or availability of your automations.
• EngageDM is not responsible for any actions taken by Instagram or Meta against your account, including account restrictions, bans, or API access revocations.
• The testimonials and statistics presented on our landing page are based on early user experiences and are not guaranteed to represent typical results.
• EngageDM is not a Meta or Instagram product. Using EngageDM does not confer any special status or endorsement from Meta.

16. Limitation of Liability

EngageDM's total cumulative liability for any claims arising out of or related to these Terms or the Service shall not exceed the greater of:

• The total amount you paid to EngageDM in the three (3) months immediately preceding the event giving rise to the claim, or
• ₹500 (Indian Rupees five hundred)

The limitations in this section apply even if EngageDM has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

17. Indemnification

You agree to indemnify, defend, and hold harmless EngageDM and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service in violation of these Terms
• The Content you configure in your automations
• Your violation of any applicable law or regulation
• Your violation of Meta's Platform Terms, Instagram's Community Guidelines, or any applicable API policy
• Any claim by a third-party Instagram user arising from a DM sent via your automation
• Your violation of any third party's intellectual property rights or privacy rights

18. Suspension & Termination

18.1 By You

You may terminate your account at any time from Settings → Account → Delete Account. Upon deletion, your data will be permanently removed within 30 days (subject to legal retention requirements). Subscriptions are cancelled at the end of the current billing period; no prorated refund is issued unless the Refund Policy applies.

18.2 By EngageDM

We may suspend or terminate your account immediately, without prior notice, if:

• You violate any provision of these Terms, including the Acceptable Use Policy
• Your Instagram account is banned or loses API access
• We are required to do so by law or a court order
• We reasonably believe your use of the Service poses a risk to other users, to EngageDM's infrastructure, or to third parties
• You fail to pay applicable subscription fees after reasonable notice

We may also terminate the Service for all users by giving 30 days' written notice (e.g., if we decide to shut down the platform). In such a case, pro-rated refunds will be provided for any unused subscription period.

18.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. All active automations will be stopped. Clauses that by their nature should survive termination (including IP rights, disclaimers, limitation of liability, indemnification, and governing law) will continue to apply.

19. Governing Law & Disputes

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The Information Technology Act, 2000 and rules thereunder apply to the extent relevant.

19.2 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will make a good-faith effort to resolve the dispute within 30 days.

19.3 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be India. Arbitration proceedings shall be conducted in English.

19.4 Jurisdiction

For matters that cannot be resolved through arbitration, or for interim relief, you consent to the exclusive jurisdiction of the courts of India.

19.5 Class Action Waiver

You agree that any disputes will be resolved on an individual basis and not as part of a class action or representative proceeding.

20. Changes to These Terms

• We may modify these Terms at any time. Material changes will be communicated via email and/or an in-app notification at least 14 days before taking effect.
• Non-material changes (e.g., typo fixes, clarifications) may take effect immediately.
• Continued use of EngageDM after the effective date of updated Terms constitutes your acceptance of the updated Terms.
• If you disagree with the updated Terms, you must stop using EngageDM and may request account deletion.

21. Contact Us

For any questions, concerns, or legal notices related to these Terms:

• General support: [email protected]
• Billing disputes: [email protected]
• Legal & compliance: [email protected]
• Abuse reports: [email protected]
• Grievance Officer (India): [email protected] (subject: "Grievance — EngageDM")
• Platform: engagedm.in

Legal notices sent by email must include "Legal Notice — EngageDM" in the subject line. We aim to acknowledge legal correspondence within 5 business days.

In accordance with the Information Technology Act, 2000 and the Intermediary Guidelines and Digital Media Ethics Code Rules, 2021, any grievance regarding the Service may be submitted to our Grievance Officer at the contact above. We will acknowledge grievances within 24 hours and resolve them within 15 days of receipt.

22. Miscellaneous

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and EngageDM regarding your use of the Service and supersede all prior agreements, understandings, and representations.

22.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

22.3 Waiver

Our failure to enforce any provision of these Terms at any time shall not be construed as a waiver of that provision or of our right to enforce it in the future. No waiver of any provision shall be effective unless made in writing.

22.4 Force Majeure

EngageDM shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, government actions, internet or telecommunications outages, changes to Meta's or Instagram's API or platform policies, or other third-party service disruptions. If a force majeure event continues for more than 30 days, either party may terminate the affected subscription with a pro-rated refund for the unused period.

22.5 Assignment

You may not assign or transfer your account or any rights under these Terms without our prior written consent. EngageDM may assign these Terms or any of its rights and obligations hereunder in connection with a merger, acquisition, or sale of assets, provided that EngageDM gives you notice and the acquiring entity agrees to honour these Terms.

22.6 No Partnership

Nothing in these Terms creates a partnership, agency, franchise, or employment relationship between you and EngageDM. You agree that you are an independent user of the Service.

22.7 Language

These Terms are written in English. In the event of any conflict between an English version and any translated version, the English version shall prevail.