Terms of Service

1. Agreement to Terms

Welcome to DMTools.fun! These Terms of Service ("Terms") govern your use of our AI-powered social media DM response generator service operated by Dale Abbey. By accessing or using our service, you agree to be bound by these Terms.

2. Description of Service

DMTools.fun provides an AI-powered universal social media DM response generator that helps users create appropriate responses to direct messages across various social platforms. Our service includes:

• AI-generated response suggestions powered by OpenAI technology
• Customizable response templates and presets
• Multiple tone and style options for responses
• Batch processing capabilities for multiple messages
• Usage analytics and performance tracking
• CSV import/export functionality
• Cross-platform compatibility for Instagram, Twitter, TikTok, Facebook, LinkedIn, and more

3. User Accounts and Registration

3.1 Account Creation

• You may use our Free plan without creating an account (10 responses/month)
• Paid plans require account creation with valid email and payment information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access to your account

3.2 Eligibility

• You must be at least 13 years old to use our service
• Users under 18 must have parental consent
• You must provide accurate and complete registration information
• You may not create multiple accounts to circumvent usage limits

4. Subscription Plans and Pricing

4.1 Plan Types

Plan	Monthly Responses	Price	Features
Free Forever	10	$0	Basic templates, standard tones
Starter	100	$19/month	20 templates, analytics, CSV export
Pro	1,000	$59/month	Unlimited templates, priority support, advanced analytics
Business	5,000	$149/month	Team collaboration, API access, advanced features
Enterprise	25,000+	$399/month	Custom integrations, dedicated support, SLA

4.2 7-Day Free Trial

• Pro and Business plans include a 7-day free trial with full feature access
• Trials automatically convert to paid subscriptions unless cancelled
• You may cancel during the trial period without charges
• One free trial per user/email address

4.3 Top-Up Packs

Available for Pro and Business subscribers:

• 100 additional messages: $8
• 250 additional messages: $18
• 500 additional messages: $32
• Top-ups expire at the end of your billing cycle

4.4 Billing Terms

• Subscription fees are processed through PayPal and billed monthly in advance
• Annual plans offer 25% discount and are billed yearly
• Prices may change with 30 days advance notice
• Failed payments may result in service suspension
• Promotional pricing is subject to specific terms and time limitations

4.5 Cancellation

• You may cancel your subscription at any time through your account or by contacting us
• Cancellation takes effect at the end of the current billing period
• Refunds are governed by our separate Refund Policy
• Free plan users may stop using the service without formal cancellation

5. Acceptable Use Policy

5.1 Permitted Uses

• Generate appropriate responses to legitimate social media messages
• Create and customize response templates for personal or business use
• Export your generated content for use on your social media accounts
• Use the service for legitimate marketing and customer service purposes

5.2 Prohibited Uses

You may not use our service to:

• Generate spam, harassment, or abusive content
• Create content that violates any laws or platform policies
• Impersonate others or create misleading content
• Circumvent usage limits or create multiple accounts
• Reverse engineer or attempt to extract our algorithms
• Resell or redistribute our service without permission
• Generate content for illegal activities or adult content
• Create content that infringes on intellectual property rights

6. AI Content and User Responsibilities

6.1 AI Limitations

• AI may produce "hallucinations" - completely false information presented as fact
• Generated content may not always be appropriate for your specific context
• AI responses may reflect biases present in training data
• Content may sometimes violate platform policies or cultural norms
• AI cannot understand nuanced situations or provide professional advice

6.2 User Responsibilities

• Review and edit all AI-generated content before posting
• Ensure compliance with all applicable social media platform policies
• Take full responsibility for content you choose to post or send
• Understand that generated responses are suggestions, not recommendations
• Use your own judgment and expertise in all communications

6.3 Content Ownership and Licensing

• You retain ownership of your original message inputs
• AI-generated responses are provided as-is for your use
• You may use, modify, and distribute generated content for any lawful purpose
• We do not claim ownership of your customized templates or final content
• You grant us the right to use anonymized usage data for service improvement

7. Privacy and Data Protection

Your privacy is important to us. Our data practices are detailed in our Privacy Policy, which forms part of these Terms. Key points:

• Message content is processed in real-time and not permanently stored
• Account and usage data is stored securely on our servers
• We comply with GDPR, CCPA, and other applicable privacy laws
• Third-party integrations (OpenAI, PayPal) have their own privacy policies

8. Service Dependencies and Availability

8.1 Third-Party Dependencies

Our service relies on third-party providers, including:

• OpenAI API for AI content generation
• PayPal for payment processing
• Cloud hosting services for infrastructure
• Analytics and monitoring services

8.2 Service Availability

• We strive for 99.9% uptime but cannot guarantee uninterrupted service
• Scheduled maintenance will be announced in advance when possible
• Service may be temporarily unavailable due to third-party issues
• We are not liable for downtime caused by external factors

9. Disclaimers and Limitations

9.1 Service Disclaimers

9.2 Service Limitations

• Generated responses are suggestions, not professional advice
• We cannot guarantee specific outcomes from using our service
• You remain fully responsible for all your social media communications
• AI technology has inherent limitations and may produce unexpected results
• Service features may change or be discontinued with reasonable notice

10. Liability and Indemnification

10.1 Limitation of Liability

To the maximum extent permitted by law, DMTools.fun and Dale Abbey shall not be liable for:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, data, business opportunities, or reputation
• Damages exceeding the amount paid for our service in the past 12 months
• Issues arising from AI-generated content or third-party services
• Damages resulting from unauthorized access to or use of your account
• Business interruption or loss of use

10.2 Indemnification

You agree to indemnify, defend, and hold harmless DMTools.fun and Dale Abbey from any claims, damages, or expenses arising from:

• Your use or misuse of the service
• Violation of these Terms or applicable laws
• Content you generate, modify, or post using our service
• Infringement of any intellectual property or other rights
• Your breach of any representation or warranty

11. Termination

11.1 Termination by You

• You may terminate your account at any time by contacting us at admin@dmtools.fun
• Termination refund eligibility is governed by our Refund Policy
• Your data will be handled according to our Privacy Policy upon termination
• Some data may be retained for legal or business purposes

11.2 Termination by Us

• We may terminate or suspend accounts for Terms violations
• We may suspend service for non-payment or billing issues
• We may terminate service with 30 days notice for business reasons
• Immediate termination may occur for severe violations

11.3 Effect of Termination

• All rights to use the service immediately cease
• Outstanding fees remain due and payable
• Survival clauses (liability, indemnification) remain in effect
• You may request data export before account deletion

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Nevada, United States, without regard to conflict of law provisions. Any legal action must be brought in Nevada state or federal courts.

12.2 Dispute Resolution Process

1. Direct Communication: Contact us first at admin@dmtools.fun to resolve issues informally
2. Mediation: If direct resolution fails, we prefer mediation in Las Vegas, Nevada
3. Arbitration: Binding arbitration in Nevada for unresolved disputes over $10,000
4. Small Claims: Either party may pursue claims in small claims court

12.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions, except where prohibited by law.

13. Contact Information

14. Changes to Terms

We may update these Terms from time to time. We will notify users of material changes by:

• Posting updated Terms on our website with a new "Last Updated" date
• Sending email notification to active subscribers for significant changes
• Requiring acceptance for material changes that affect user rights
• Providing reasonable advance notice for changes affecting pricing or service terms

Continued use of the service after changes become effective constitutes acceptance of the new Terms.

15. Miscellaneous

15.1 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and DMTools.fun.

15.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights without our written consent.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or third-party service interruptions.

These Terms of Service were last updated on August 31, 2025. By using DMTools.fun, you acknowledge that you have read, understood, and agree to be bound by these Terms.