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 giving access to Pro features, billed via Razorpay.

2. Beta Notice

• Beta access is provided "as is" with no guarantee of uptime, feature stability, or data permanence.
• We may make breaking changes to features during Beta with reasonable advance notice.
• Early access pricing offered during Beta is locked in for existing subscribers for as long as their subscription remains active and in good standing.
• We reserve the right to adjust pricing for new subscriptions after the Beta period ends.
• We will provide at least 14 days' notice before making any pricing changes that affect existing subscribers.

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.
• AI Comment Reply Suggestions: An optional feature in the automation builder that generates suggested public comment reply messages using AI. Suggestions are generated via an AI language model API and are for your review — you choose which, if any, to save and use. The AI does not have access to your Instagram account data; only a general automation context is submitted to generate suggestions.
• My Content: A personal media library that displays your synced Instagram posts and reels, allowing you to manage which content is used as an automation target.
• 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

Pricing may be updated after the Beta period with reasonable notice. Early-access pricing is locked for existing active subscribers.

9.2 Billing & Renewal

• Subscriptions are one-time payments — they do not auto-renew. You pay upfront for a fixed period (30, 90, 180, or 365 days) and retain Pro access until the period ends.
• Before your plan expires, EngageDM will send you email reminders so you can renew manually from the Billing page in your dashboard.
• When renewing, you may choose the same or a different billing cycle. Renewal extends your plan from the current expiry date, so any remaining time is preserved.
• Billing is processed entirely by Razorpay. By subscribing, you also agree to Razorpay's Terms of Service.

9.3 Free Trial

New EngageDM accounts begin with a free trial period during which you can access the Service with the same DM limits as the Basic plan. You will receive email reminders at 14 days and 3 days before your trial ends. Once the trial period expires, you must subscribe to a paid plan to continue using the Service. All automation configurations and account data are preserved during and after the trial — they will be restored immediately upon subscribing.

The trial period length is displayed in your account dashboard and may be adjusted for promotional purposes. EngageDM reserves the right to modify trial terms for new sign-ups with reasonable advance notice.

9.4 Basic Plan Limits

If you exceed the Basic plan's DM limit (750 DMs/month), your active automations will be paused until the next billing cycle or until you upgrade to a paid plan. You will receive an in-app notification when approaching the limit.

9.5 Failed Payments

If a subscription payment fails, Razorpay will attempt to retry the charge. If payment cannot be collected within the grace period, your account will be downgraded to the Basic plan and your Pro automations will be paused. All automation configurations are preserved and will be restored upon successful payment.

9.6 Upgrading & Adding Workspaces

You may add additional Instagram account slots (Workspaces) from the Billing page at any time. Each additional Workspace is billed at the same per-account rate as your current plan. Slot upgrades during an active billing period are charged on a prorated basis for the remaining days in your current period.

9.7 Promo Codes & Discount Coupons

EngageDM may issue promotional discount codes that reduce the price of a first-time Pro subscription. Unless otherwise stated on the code:

• Promo codes apply to first-time purchases only and cannot be applied to renewals or slot upgrades.
• 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.

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

10. Refund Policy

10.1 7-Day Refund Window (First Purchase)

If you are unsatisfied with EngageDM, you may request a refund within 7 days of your first-ever payment. This applies to any billing cycle (monthly, quarterly, half-yearly, or yearly) and is available once per account, lifetime. Renewal payments are not eligible for refunds.

• Approved refunds are processed at ~97.70% of the original payment amount. The remaining ~2.30% represents Razorpay's non-recoverable payment gateway fee, which is charged at the time of the original transaction and cannot be refunded to us.
• Refunds are credited back to the original payment method within 5–10 business days, subject to Razorpay's processing timelines.
• Upon refund, your account is downgraded to the Basic plan and all automations are paused immediately.

10.2 No Refunds Outside the Window

After 7 days from your first payment, or for any renewal payment, no refunds are issued. You may cancel at any time to prevent future charges, and you retain access to Pro features until the end of the paid period.

10.3 Beta Disruption

If EngageDM is completely non-functional for more than 72 consecutive hours due to our fault (not Meta API outages or third-party failures), affected subscribers may request a pro-rated refund for the affected period, regardless of the 7-day window.

10.4 How to Request

To request a refund, email [email protected] with your account email, Razorpay order ID, and reason. We will respond within 5 business days. Refund requests can also be submitted directly from Settings → Billing in your dashboard, if your account is within the eligible window.

11. Affiliate & Referral Programme

EngageDM operates a referral affiliate programme that allows participants ("Affiliates") 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 affiliate programme from Settings → Affiliate in your EngageDM dashboard. Approval is automatic for users in good standing. EngageDM reserves the right to reject or revoke affiliate status at its sole discretion.

11.2 Commissions

• Affiliates earn a commission of 25% on each qualifying first-time paid subscription made by a referred user using your unique referral code at checkout.
• Referred users receive a 10% discount on their first purchase when applying a valid affiliate code.
• Commissions enter "processing" status immediately after the referred user's payment and are held for 7 days (the refund window). If the referred user requests a valid refund during this window, the associated commission is voided.
• After the 7-day window, commissions are automatically promoted to "confirmed" status and credited to your affiliate balance.
• Commissions on renewal payments by referred users are credited immediately (no holding period applies to renewals).
• Commissions are calculated on the net amount received by EngageDM after any discount applied by your referral code.

11.3 Payouts

• You may request a payout when your confirmed affiliate balance reaches a minimum of ₹500.
• 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 affiliate 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: Before EngageDM can process any payout that would cause your financial year total to exceed ₹19,500, you must submit your Permanent Account Number (PAN) via the affiliate dashboard. Payouts are paused until PAN is on file or the new financial year begins on April 1.
• PAN is permanent: Once submitted and validated, your PAN cannot be updated or removed. Ensure you enter it correctly — EngageDM validates format only and does not independently verify PAN ownership with the Income Tax Department.
• 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 affiliate 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 affiliate 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 affiliate 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 Affiliate Status

EngageDM may suspend or permanently revoke affiliate 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 affiliates 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, especially during the Beta period.
• 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 Razorpay. Outages or changes by these providers may affect EngageDM's functionality. We are not liable for downtime caused by third-party providers.
• During Beta, we target reasonable availability but make no SLA (Service Level Agreement) commitments.

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.