Terms of service

1. Scope

1.1 DMowl is offered exclusively to businesses — companies, freelancers and creators who use DMowl for their commercial or professional activity. Consumers may not use DMowl. By signing up you confirm that you act in a commercial or professional capacity.

1.2 These terms apply exclusively. Conflicting terms of the customer only apply if we agree to them in writing.

2. Contract

2.1 The contract for the free plan is concluded when you create an account. A paid plan is concluded when you complete checkout.

2.2 The person signing up confirms that they are authorised to act for the business named in the account.

3. Our service

3.1 DMowl automates conversations on Instagram professional accounts: automations for comments, direct messages, story replies and mentions, a shared inbox and CRM, campaigns, giveaways, an optional AI agent, an API, an MCP server and webhooks. The current scope is described on our website and in the app.

3.2 DMowl depends on the Instagram API of Meta. Meta can change, restrict or end functions at any time (for example messaging windows, rate limits or permissions). We adapt DMowl as fast as reasonably possible but cannot guarantee features that Meta no longer provides.

3.3 We continue to develop DMowl and may change features if the essential functions of your plan remain available. Features marked as beta can change or end at any time.

4. Your obligations

4.1 You keep your login details secret, give team access only to people you trust, and are responsible for actions taken in your account.

4.2 You comply with Meta’s Platform Terms, the Instagram Terms of Use, Community Guidelines and Promotion Guidelines, and with applicable law, in particular data protection, consumer protection, competition and advertising law.

4.3 You are responsible for the content of your automations, campaigns and AI settings. You may not use DMowl for spam, unsolicited messages, deceptive, illegal, discriminatory or harmful content, or to circumvent Instagram’s limits.

4.4 For the personal data of your contacts you are the controller. You ensure there is a legal basis for processing, inform your contacts (e.g. in your privacy policy, including about AI replies) and respect opt-outs.

4.5 Giveaways: you are responsible for conditions of participation, legal requirements and prizes. DMowl provides a documented random draw.

4.6 If a third party makes claims against us because of your content or your breach of these terms, you indemnify us, including reasonable legal costs, unless you are not responsible for the breach.

5. AI features

5.1 AI-generated replies can be inaccurate or incomplete. You configure the AI agent (knowledge, tone, hand-over rules), can test it before switching it on, and remain responsible for what it sends on your behalf.

5.2 Where required by law — in particular Art. 50 of the EU AI Act — you make sure that people know they are interacting with an AI system, unless this is obvious from the context.

5.3 You may not use the AI features for purposes that are prohibited or classified as high-risk under the EU AI Act.

6. Plans, prices and payment

6.1 Free is free of charge with the limits shown on the pricing page. Plus is paid; its price depends on the tier you choose (active contacts per month) and the number of additional team seats.

6.2 Prices are shown in euros or US dollars and are net prices; VAT is added where applicable (or the reverse-charge procedure applies). Billing is in advance, monthly or yearly, through our payment provider Stripe.

6.3 Subscriptions renew automatically for the same period until cancelled. Changes of tier or seats take effect immediately; the difference for the current period is charged or credited pro rata.

6.4 If a payment fails we will tell you and retry. If it remains unpaid, we may downgrade the account to Free after a reasonable grace period.

6.5 We may adjust prices with effect from the next billing period. We will announce changes at least 30 days in advance; you may cancel before they take effect.

7. Trial

7.1 New customers can test Plus for 14 days for a one-time fee of 1 USD / 1 EUR. A valid payment method is required.

7.2 Unless you cancel before the trial ends, it converts automatically into the Plus subscription you selected and the first period is charged. We remind you by email at least 3 days before the trial ends.

7.3 Each customer can use the trial once.

8. Limits

8.1 Each plan includes limits (e.g. active contacts and AI replies per month, team seats, API calls). An active contact is anyone who received at least one message from an automation, a campaign or the AI agent in a calendar month.

8.2 Limits are never billed after the fact. When a limit is reached the affected function pauses until the next month or until you choose a higher tier. We inform you at 80 % and 100 %.

9. Term and termination

9.1 You can cancel paid plans at any time, effective at the end of the current billing period. Fees already paid are not refunded, unless the law requires otherwise. You can delete a free account at any time.

9.2 We can terminate with 30 days’ notice. The right to terminate for good cause without notice remains unaffected, in particular for serious or repeated breaches of section 4.

9.3 Free accounts without any login or automated activity for 30 days may be deleted after notice by email and a further 14 days.

9.4 Before the end of the contract you can export your contacts as CSV. After the end we delete your data, unless we are legally required to keep it.

10. Availability and support

We aim for high availability but do not guarantee an uninterrupted service, especially during maintenance, because of disruptions outside our control (e.g. at Meta or at our hosting provider) or force majeure. Support is available by email.

11. Rights to content

Your content remains yours. You grant us the rights necessary to provide the service (store, process, send). We may use suggestions and feedback to improve DMowl. All rights in the software remain with us.

12. Data protection

Our privacy policy applies. Insofar as we process personal data on your behalf, our data processing agreement (Art. 28 GDPR) is part of this contract and is concluded when you accept these terms.

13. Liability

13.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under a guarantee, and where liability cannot be limited by law (e.g. product liability).

13.2 For slight negligence we are only liable for breaches of essential contractual obligations — obligations whose fulfilment makes proper performance of the contract possible and on which you may rely — limited to the damage typical and foreseeable for this type of contract, and in total to the fees paid by you in the 12 months before the damage occurred.

13.3 For the free plan we are only liable for intent and gross negligence, without prejudice to 13.1.

13.4 We are not liable for measures that Meta takes regarding your Instagram account, unless we caused them in breach of our obligations. You are responsible for regular exports of data important to you.

14. Changes to these terms

We may change these terms with effect for the future if there is a valid reason (e.g. changes in law, case law or Meta’s requirements, or new features). We will inform you by email at least 30 days before they take effect. If you do not object before then, the changes are deemed accepted; we will point this out in the notice. If you object, either party may terminate the contract when the changes take effect.

15. Referral program

15.1 Customers can recommend DMowl with their personal referral link. For every account that a person who signed up through the link owns, the referrer receives 30 % of the net amount (excluding tax) of each paid invoice during the first 12 months after that account’s first payment.

15.2 Commissions become available after 30 days; refunded invoices do not earn a commission. Payouts are made on request from 50 USD or 50 EUR to the payout details provided. The referrer is responsible for taxes on commissions; if VAT applies, an invoice is required.

15.3 Self-referrals, referrals to accounts the referrer is a member of, paid ads on brand terms (“DMowl”) and misleading promises are not allowed. We may withhold commissions obtained this way and may change or end the program with 30 days’ notice; commissions already earned remain.

16. Final provisions

16.1 The law of Switzerland applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is our registered office.

16.2 Should any provision be invalid, the remainder of these terms remains effective.

16.3 These terms are available in English and German. In case of contradictions the English version prevails.