Terms & Conditions

1. Agreement to these Terms

These Terms & Conditions ("Terms") are a binding agreement between you and ScaleUp Works LLC, doing business as SocialMedia DMs ("SocialMedia DMs," "we," "us," or "our"), governing your access to and use of the website at socialmediadms.com and associated subdomains, the SocialMedia DMs web application, and the SocialMedia DMs browser extension (together, the "Services"). By creating an account, installing the browser extension, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract. The Services are for business and professional use.
• You are responsible for the accuracy of your registration information and for keeping your credentials confidential.
• You are responsible for all activity that occurs under your account, including activity by team members you authorize.
• Notify us promptly at support at socialmediadms.com of any unauthorized use of your account.

3. The Services

SocialMedia DMs provides tools to help businesses run direct-message outreach on supported social platforms. Depending on your plan, features may include multi-step message sequencing, A/B testing of message variants, reply detection, conversation and performance reporting, and the Lead Finder feature for building prospect lists from publicly available social profile information using criteria such as keyword, hashtag, and location.

Some features are delivered through a browser extension that operates within your own logged-in browser session. As a result, certain functionality requires your browser to be open and the extension to be active on the device where it is installed. We may add, modify, deprecate, or remove features over time. Features marked “coming soon” are not guaranteed and are not part of what you are purchasing until released.

4. License to use the extension

Subject to these Terms and your active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the browser extension solely to access the Services for your own business use. You may not copy, modify, reverse engineer, resell, sublicense, or create derivative works of the extension or the Services, except to the extent such restriction is prohibited by law. This license ends automatically when your subscription or these Terms end.

To function, the extension requests host permissions to interact with supported social media websites while you use them, and a storage permission to save your settings, preferences, and campaign data locally. Any additional permissions are requested only when required for a specific feature and are used solely to provide that feature. What the extension accesses, and why, is described in our Privacy Policy.

5. Acceptable use

You agree to use the Services lawfully, responsibly, and in a way that respects recipients. You will not, and will not permit others to:

• Violate third-party platform rules: use the Services in any way that breaches the terms, policies, automation rules, or rate limits of Instagram, Meta, or any other platform you connect.
• Send unlawful or unsolicited messages: send spam, deceptive, harassing, threatening, defamatory, or otherwise unlawful messages, or messages that violate applicable anti-spam, consumer-protection, telemarketing, or data-protection laws (including, where applicable, CAN-SPAM, TCPA, GDPR, and similar regimes).
• Send without a lawful basis: contact recipients where you do not have a lawful basis or required consent to do so.
• Misuse Lead Finder results: use prospect information for any purpose that is unlawful or that violates the rights of the individuals concerned.
• Harm the Services: introduce malware, attempt to gain unauthorized access, scrape or overload our systems, or interfere with other users.
• Promote prohibited content: use the Services to promote illegal goods or services, fraud, hate, or content that exploits or endangers others.

6. Third-party platforms and assumption of risk

The Services interact with third-party platforms that we do not control. SocialMedia DMs is an independent product and is not endorsed by, sponsored by, affiliated with, or associated with Meta, Instagram, or any other platform.

You understand and accept that:

• Third-party platforms may restrict, throttle, suspend, shadow-ban, or permanently ban accounts that use automation, and they may change their terms, technical interfaces, or policies at any time without notice.
• Any such action by a platform, including loss of access to your connected account, is outside our control.
• We do not guarantee uninterrupted access to, or compatibility with, any third-party platform, and platform changes may degrade or disable features.

You use the Services on connected accounts at your own risk. We are not responsible for any restriction, suspension, ban, data loss, or other consequence imposed by a third-party platform arising from your use of the Services.

7. Subscriptions, billing, and renewals

• Plans: the Services are offered on subscription tiers (for example, Pro, Scale, and Enterprise) and may include usage-based items such as Lead Credit packs and optional add-ons. The features and price applicable to you are those shown at checkout.
• Payment processor: subscriptions are billed through our payment processor, Stripe, which serves as merchant of record. By subscribing, you authorize recurring charges to your payment method.
• Renewals: subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) at the then-current rate, unless you cancel before renewal.
• Founder’s Pricing: promotional or “Founder’s Pricing” rates, where offered, are subject to the specific conditions stated at the time of the offer and may be limited in quantity or duration.
• Taxes: prices exclude taxes unless stated; you are responsible for applicable taxes.
• Changes: we may change prices or plan features prospectively; changes do not affect the current paid term but apply at your next renewal, with notice as required by law.

8. Free trial, cancellation, and refunds

We offer a 3-day free trial. The free trial provides access to a full-featured Pro plan with reduced daily DM send limits and a reduced one-time allotment of Lead Credits. Unless you cancel before the trial ends, your subscription will begin and your selected payment method will be charged at the then-current rate.

You may cancel at any time from your account settings or by contacting support at support at socialmediadms.com. Cancellation stops future renewals and takes effect at the end of your current billing period.

All fees are non-refundable. Except where a refund is required by applicable law, we do not provide full or partial refunds for any subscription period, including for unused time, partial use, or non-use of the Services.

9. Intellectual property

The Services, including all software, the browser extension, templates, designs, text, and the SocialMedia DMs name and logos, are owned by ScaleUp Works LLC or its licensors and are protected by intellectual-property laws. We grant you only the limited rights expressly stated in these Terms. You retain ownership of the content and data you provide; you grant us a limited license to host and process it solely to provide and improve the Services.

10. Feedback

If you send us suggestions or feedback, you grant us a perpetual, royalty-free license to use it without restriction or obligation to you.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or compatible with any third-party platform, or that they will produce any particular result, including any number of replies, meetings, leads, sales, or revenue. Responses generated by the SocialMedia DMs Help Assistant are provided for general convenience, may be inaccurate or incomplete, and should not be relied upon as professional advice.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIALMEDIA DMS AND ITS OFFICERS, MEMBERS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF OR DAMAGE TO ANY THIRD-PARTY ACCOUNT (INCLUDING SUSPENSION OR BAN), ARISING FROM OR RELATING TO THE SERVICES.

Our total aggregate liability for all claims relating to the Services will not exceed the amount you paid us for the Services in the twelve (12) months before the event giving rise to the claim. These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose.

13. Indemnification

You will defend, indemnify, and hold harmless ScaleUp Works LLC and its representatives from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your content or messages, your outreach practices, your violation of these Terms or applicable law, or your violation of any third-party platform’s terms.

14. Suspension and termination

We may suspend or terminate your access at any time if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or for prolonged inactivity or non-payment. You may terminate by closing your account.

Upon termination, your license to use the Services and extension ends. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) survive termination.

15. Changes to these Terms

We may modify these Terms from time to time. Material changes will be communicated by updating the “Last updated” date and, where appropriate, by additional notice. Your continued use of the Services after changes take effect constitutes acceptance.

17. General

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior agreements on that subject.
• Severability: if any provision is unenforceable, the rest remains in effect.
• No waiver: our failure to enforce a provision is not a waiver.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control, including third-party platform changes or outages.
• Notices: we may provide notices by email or through the Services.