DM Hero Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you", "Customer") and DM HERO spółka z ograniczoną odpowiedzialnością ("DM Hero", "we", "us"), a Polish limited liability company registered with the Sąd Rejonowy dla m.st. Warszawy, KRS 0001241535, NIP 5253090444, REGON 544773198, registered office at ul. Twarda 18, 00-105 Warszawa, Poland.

By creating an account, subscribing, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

DM Hero is a software-as-a-service platform that helps Instagram business and creator accounts manage outreach: lead lists, message templates, multi-step campaigns, reply triage, and analytics. The Service consists of:

• The web application at app.dmhero.ai.
• The DM Hero Chrome extension that sends prepared messages from your own browser.
• The marketing site at dmhero.ai.

The Service relies on the Meta Instagram Graph API. We are not affiliated with or endorsed by Meta Platforms, Inc.

• You must be at least 18 years old and capable of forming a binding contract under Polish law.
• You must connect a valid Instagram Business or Creator account via the official Meta OAuth flow. We do not store your Instagram password.
• You are responsible for the security of your account credentials and for all activity that occurs through your account.
• We may suspend or terminate your account if you violate these Terms, abuse the Service, or use it in a way that risks our compliance with Meta's platform policies.

You agree NOT to use the Service to:

• Send unsolicited bulk messages ("spam"), content that violates Instagram's Community Guidelines or Platform Terms, or messages prohibited by applicable law.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Collect, scrape, or harvest information from Instagram users beyond what the Meta API permits with your granted scopes.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Resell, sublicense, or white-label the Service without our prior written consent.
• Use the Service to compete with us or to build a competing product.

You also agree to comply with the Instagram Platform Terms at all times. We may suspend the Service immediately if your use is reported as abusive by Meta.

• The Service is offered as a paid subscription. Pricing is shown on app.dmhero.ai/pricing and may change for new sign-ups; existing subscribers are notified at least 30 days before any price change takes effect.
• Payments are processed by Stripe Payments Europe, Ltd. Card data is collected and stored by Stripe under their own terms; we do not store full card numbers.
• Subscriptions auto-renew at the end of each billing period unless you cancel through the Stripe Customer Portal accessible from Settings → Billing.
• You may cancel at any time. Cancellation takes effect at the end of the current billing period; you retain access until then.
• We offer a 7-day free trial for new subscribers. You are not charged during the trial; the first charge occurs on the trial's end date unless you cancel before then.
• Refunds: we do not provide pro-rated refunds for partial periods. If a charge was made in error or there is a clear billing dispute, email [email protected] within 14 days and we will review the case in good faith.
• Polish VAT (23%) is added to invoices for Polish customers. EU B2B customers with a valid VAT-EU number receive reverse-charge invoices. Customers outside the EU receive invoices without VAT.

Our handling of your personal data is described in the Privacy Policy. You retain all rights to the content you create or upload (leads, templates, campaigns). We retain rights to the Service software, design, and documentation.

You grant us a limited, revocable license to process your Instagram data via the Meta API on your behalf, solely to operate the Service features you use.

• We target high availability but do not guarantee uninterrupted service. Maintenance windows are announced in advance when possible.
• Customer support is provided via email at [email protected]. Response within two business days during normal business hours (Mon-Fri, 09:00-17:00 CET).
• Service-level commitments beyond best-effort require a separate written agreement.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.

We do not warrant that messages sent through the Service will reach their recipients, be read, be responded to, or convert to business outcomes. Outreach effectiveness depends on many factors outside our control (Instagram's rate limits, recipient behavior, the quality of your content).

We do not warrant that the Service is compliant with the platform policies of every third party your message recipients use. You are responsible for your own compliance with applicable laws and platform policies.

To the maximum extent permitted by applicable law, DM Hero's aggregate liability arising out of or relating to these Terms or the Service is limited to the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

In no event shall DM Hero be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost business opportunities, or costs of substitute services, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded under Polish law, including liability for intentional misconduct or gross negligence (wina umyślna lub rażące niedbalstwo).

You agree to indemnify and hold harmless DM Hero, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service in violation of these Terms, of Instagram's Platform Terms, or of any applicable law.

• You may terminate your subscription at any time through the Stripe Customer Portal.
• We may terminate or suspend your account for breach of these Terms (including non-payment, abusive use, or Meta-platform violations) with notice where feasible.
• On termination: your access ends, recurring billing stops, and your data is deleted within 30 days unless retention is required by law (e.g., Polish tax records).

We may modify these Terms by posting an updated version on this page. Material changes will be communicated via email to active customers at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

These Terms are governed by Polish law, excluding its conflict-of-laws rules. Any dispute arising out of or in connection with these Terms or the Service shall be resolved by the common courts of Warsaw (sąd powszechny właściwy dla siedziby DM Hero), subject to any mandatory jurisdiction granted to consumers under Polish or EU law.

Consumers based in the EU may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between us and supersede any prior agreements.
• Severability: if any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver: our failure to enforce any provision does not waive our right to enforce it later.
• Assignment: you may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Questions about these Terms or the Service:

• Email: [email protected]
• Postal address: DM HERO sp. z o.o., ul. Twarda 18, 00-105 Warszawa, Poland
• Company register: Sąd Rejonowy dla m.st. Warszawy, XII Wydział Gospodarczy KRS, KRS 0001241535