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.

Site status: certain pages (including pricing and contact pages) are under construction. The specific plan features and prices that apply to you are those presented to you at the point of checkout at the time of purchase.

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, a unified Inbox that displays your direct-message conversations, and the Lead Finder feature for building prospect lists from publicly available social profile information using criteria such as keyword, hashtag, and location. To power the Inbox and reporting, the Services capture and store the direct-message conversations associated with your connected account — including the messages of the people you exchange messages with — on our servers. How this information is handled is described in our Privacy Policy.

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, non-sublicensable, revocable (in accordance with these Terms) license to access and use the Services, and to install and use the browser extension as part of the Services, in each case solely for your own internal 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. All rights not expressly granted to you in these Terms are reserved by us and our licensors. 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.
• Infringe intellectual-property or other rights: use the Services to infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, privacy, publicity, or other right of any third party.
• Impersonate or mislead: create false or misleading accounts, impersonate any person or entity, or misrepresent your identity or affiliation.
• Circumvent limits or controls: exceed or circumvent usage or rate limits, seat or plan restrictions, access controls, or authentication measures, or share your credentials with, or permit access by, unauthorized users.
• Violate export or sanctions laws: use the Services in violation of applicable export-control or economic-sanctions laws, including use by or for the benefit of any person or in any jurisdiction subject to U.S. sanctions.
• Misuse sensitive or minors' data: use the Services to collect or process special-category or other sensitive personal data, or to target, contact, or message individuals you know or should know are minors.
• Otherwise act unlawfully: otherwise use the Services in violation of any applicable law or regulation or in a manner that violates the rights of any third party.

You are solely responsible for the content of the messages you send, the audiences you target, and your compliance with all laws and platform rules that apply to your outreach. We may suspend or terminate accounts that we reasonably believe violate this section.

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. 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. IMPORTANT: THIS IS AN AUTOMATICALLY RENEWING SUBSCRIPTION. Unless you cancel before the trial ends, your free trial will automatically convert to a paid subscription and your selected payment method will be charged at the then-current rate, and your subscription will thereafter renew automatically at the end of each billing period until you cancel. Before you are charged, we will disclose the recurring price, the billing frequency, and the date of the first charge, and we will obtain your consent to these terms. You may cancel at any time, using a cancellation method at least as simple as the method by which you enrolled, as described below.

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

State-specific automatic-renewal rights: Some jurisdictions provide additional rights regarding automatic-renewal or continuous-service offers, including specific disclosure, acknowledgment, notice, and cancellation requirements. Where the law applicable to you grants greater rights than these Terms with respect to automatic renewals, those rights apply, and nothing in these Terms limits any right you have that cannot be waived under such law. You may cancel using any method described in these Terms or any method required by applicable law in your jurisdiction, and we will provide any renewal reminders or other notices required by applicable law.

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, graphics, user interfaces, and the SocialMedia DMs name, logos, and other trademarks and service marks, are owned by ScaleUp Works LLC or its licensors and are protected by copyright, trademark, trade secret, and other intellectual-property laws. We grant you only the limited rights expressly stated in these Terms, and all rights not expressly granted are reserved by us and our licensors. You may not use our name, logos, or trademarks without our prior written consent. You retain ownership of the content, message templates, configurations, and other materials and data you provide to or generate through the Services ("Customer Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process Customer Content, and to sublicense these rights to our service providers, solely to provide, secure, maintain, and improve the Services and as otherwise permitted in these Terms and our Privacy Policy. You represent and warrant that you have all rights, consents, and permissions necessary to provide the Customer Content and to grant this license.

Aggregated and de-identified data: We may create and use aggregated, anonymized, or de-identified data derived from your use of the Services, provided that such data does not identify you or any individual, for any lawful business purpose, including analytics, benchmarking, and improving and developing our products and services.

10. Data processing

To the extent your use of the Services involves our processing of personal data on your behalf—including the personal data of recipients, prospects, or other third parties you contact, message, or identify through the Services—you act as the controller (or equivalent) of that personal data and we act as your processor (or service provider). Such processing is governed by our Data Processing Addendum (the "DPA"), which is hereby incorporated into and forms part of these Terms and applies automatically upon your acceptance of these Terms, without the need for a separate signature. The DPA is available at legal.socialmediadms.com/dpa, and a countersigned copy is available on request by contacting legal at socialmediadms.com. You are responsible for having a lawful basis for your outreach and for honoring the rights of the individuals whose personal data you process through the Services. In the event of a conflict between the DPA and these Terms with respect to the processing of such personal data, the DPA governs.

11. 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.

12. Copyright complaints

We respect the intellectual-property rights of others and expect users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), we will respond to properly submitted notices of alleged copyright infringement relating to content stored on or made available through the Services. If you believe content available through the Services infringes your copyright, please send a written notice to our designated agent at legal at socialmediadms.com that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers in appropriate circumstances.

13. 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.

14. 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Nothing in this section limits your indemnification obligations under Section 15, your liability for breach of the Acceptable Use provisions in Section 5 or your confidentiality obligations, or any liability that cannot be excluded or limited under applicable law.

15. 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.

We will provide you with prompt written notice of any claim subject to indemnification, reasonable cooperation at your expense, and control over the defense and settlement of the claim; provided that you may not settle any claim in a way that imposes any liability or obligation on, or requires any admission from, us without our prior written consent, and we may participate in the defense with counsel of our own choosing at our own expense.

16. Suspension and termination

We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us or others, failed to pay, or been inactive for a prolonged period. Where practicable and permitted by law, we will provide advance notice and, for curable violations, an opportunity to cure. You may terminate at any time by cancelling your subscription and closing your account as described in Section 8.

Upon any termination or expiration, your license and right to access the Services and the browser extension immediately end, and all fees already incurred remain payable and are non-refundable except as required by law or as expressly stated in Section 8. For a limited period following termination, you may request export of your Customer Content; thereafter, we may delete it in the ordinary course, subject to any records we are required to retain by law, as further described in our Privacy Policy. Sections that by their nature should survive-including intellectual property, feedback, confidentiality, disclaimers, limitation of liability, indemnification, and governing law and dispute resolution, together with these termination provisions-survive termination.

17. 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. For material changes, we will provide reasonable advance notice (for example, by email or through an in-product notice) and, where required by law or otherwise appropriate-including for any change to the arbitration and dispute-resolution provisions in Section 18-we will obtain your affirmative acceptance before those changes apply to you. Your continued use of the Services after non-material changes take effect constitutes acceptance of those changes.

18. Governing law, arbitration, and dispute resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles.

(a) Informal resolution first

Before starting an arbitration, you agree to first try to resolve the dispute informally by sending written notice to legal at socialmediadms.com describing the dispute and the relief sought. If the dispute is not resolved within 30 days, either party may proceed to arbitration.

(b) Binding arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by final and binding individual arbitration, rather than in court, except as stated in Section 18(d). The arbitration will be administered by the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules. The arbitration will take place in Broward County, Florida, or, at your election, by telephone, video, or written submissions where the rules permit. The arbitrator’s award may be entered in any court of competent jurisdiction.

(c) Class-action waiver

You and SocialMedia DMs agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of a class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and may proceed in court.

(d) Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in the state or federal courts located in Broward County, Florida, to protect intellectual-property or confidentiality rights pending arbitration. You consent to the personal jurisdiction of those courts for these purposes.

19. Confidentiality

In connection with the Services, either party may disclose non-public business, technical, or financial information that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure ("Confidential Information"). The receiving party will use Confidential Information only to exercise its rights and perform its obligations under these Terms, will protect it using at least reasonable care, and will not disclose it to any third party except to its personnel, advisors, and service providers who need to know it and who are bound by confidentiality obligations at least as protective as these. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party without a duty of confidentiality before disclosure; (c) is independently developed without use of or reference to the disclosing party's Confidential Information; or (d) is rightfully obtained from a third party without a duty of confidentiality. The receiving party may disclose Confidential Information to the extent required by law or legal process, provided that, where legally permitted, it gives the disclosing party reasonable advance notice and cooperates in any effort to limit the disclosure. Each party's obligations under this section continue for as long as the relevant information remains Confidential Information. This section does not limit the parties' respective rights or obligations with respect to personal data, which are governed by Section 10 and our Privacy Policy.

20. General

Entire agreement: These Terms, together with our Privacy Policy, the DPA (where applicable), and the plan and order details presented to you at checkout, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, proposals, and communications, whether oral or written, on that subject. Any additional or conflicting terms you propose (for example, in a purchase order or your own form) are rejected and have no effect unless we expressly agree to them in a writing signed by us.

Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable or, if it cannot be so modified, will be severed, and the remaining provisions will remain in full force and effect.

No waiver: Our failure or delay in exercising or enforcing any right or provision of these Terms will not operate as a waiver of that or any other right or provision. Any waiver must be in writing and signed by us, and a waiver on one occasion will not constitute a waiver of any right or provision on any other occasion.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations under them, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, financing, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

Force majeure: We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental action, power, utility, or internet failures, denial-of-service or other attacks, and changes to, outages of, or restrictions imposed by third-party platforms. Our time for performance will be extended for the duration of the event.

Notices: We may provide notices to you by email to the address associated with your account, through the Services, or by posting on the Site, and such notices are effective when sent or posted. You are responsible for keeping your account contact information current. Legal notices to us must be sent to legal at socialmediadms.com and, where these Terms require, to our mailing address in the Contact section, and are effective upon receipt.

Electronic communications: You consent to receive communications, agreements, disclosures, and notices from us electronically, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing. You may withdraw this consent by closing your account, though doing so may prevent your continued use of the Services.

21. Contact

• Support: support at socialmediadms.com
• Legal notices: legal at socialmediadms.com
• Mail: ScaleUp Works LLC, 2351 W Atlantic Blvd, Unit 668144, Pompano Beach, FL 33069, USA

Email addresses are shown in an obfuscated “name at domain” format to reduce spam; replace “ at ” with @ when contacting us.