Terms of Service

HyperDM is an AI assistant that connects to your Instagram, WhatsApp, TikTok, and Shopify accounts to read and reply to direct messages, grounded in the catalog and knowledge you provide. You are responsible for the accuracy of what you connect and for the messages sent from your accounts.

• You must be at least 18 and able to form a binding contract.
• You are responsible for safeguarding your credentials and for activity under your account.
• You must provide accurate information and keep it current.

You are the controller of the end-customer data processed through your workspace and are responsible for having a lawful basis to message your customers. You agree not to:

• Send spam or message people without a lawful basis or required consent, or ignore opt-out/STOP requests.
• Violate the terms or policies of Meta, Instagram, WhatsApp, TikTok, Shopify, or Stripe.
• Use the Service for unlawful, deceptive, infringing, or harmful content, or to make claims (price, stock, medical, efficacy) you cannot substantiate.
• Reverse-engineer, resell, or overload the Service, or bypass its rate/compliance controls.

You must comply with our Privacy Policy and, where we process customer data for you, our DPA.

The Service depends on third-party platforms (Meta, TikTok, Shopify, Stripe, OpenAI). Your use of those platforms is governed by their terms, and their availability or policy changes may affect the Service. We are not responsible for third-party platforms.

• Paid plans are billed in advance on a recurring basis through Stripe. Plans include a monthly conversation allowance; usage beyond it is handled per your plan and settings (including optional overage, if enabled).
• Fees are non-refundable except where required by law. You can cancel anytime; access continues until the end of the paid period.
• We may change pricing with prior notice; changes apply to the next billing cycle.
• You are responsible for applicable taxes and for any pass-through messaging fees charged by a platform.

We own the Service and its underlying software and brand. You retain ownership of the content and data you provide (“Your Content”) and grant us a limited license to host and process it to provide the Service. AI-generated reply suggestions are provided as-is for your review and use.

The Service is provided “as is” and “as available,” without warranties of any kind. AI-generated content may be inaccurate; you are responsible for reviewing and for the messages sent from your accounts. We do not warrant uninterrupted or error-free operation.

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, or consequential damages, or for lost profits or data. Our total liability for any claim is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim.

You agree to indemnify us against claims arising from Your Content, your use of the Service, or your breach of these Terms or applicable law.

We may suspend or terminate the Service for breach, legal/security risk, or non-payment. You may stop using the Service and delete your account at any time. Sections that by their nature should survive (IP, disclaimers, liability, indemnity) survive termination.

These Terms are governed by the laws of Victoria, Australia, and the courts there have exclusive jurisdiction, subject to any mandatory consumer protections. We may update these Terms; material changes will be notified and take effect on the posted date.

Anthony Casauria (sole trader), St Helena, Victoria 3088 (full registered address available on request), Victoria, Australia — hello@hyperdm.app.