Terms of Service

1. The service

DM Spark currently provides tools for creators and businesses to automate direct messages and comment replies on Instagram. Facebook automation features are not available in the current launch. You can configure automations (“Sparks”), collect contact details through audience interactions, export contacts, and view activity and usage.

You authorize us to connect through Meta’s official APIs using the permissions you approve and to send messages according to your Sparks. Your use must comply with applicable law and Meta’s platform terms and community standards. Meta controls its platforms and may change or revoke API access. Its terms govern your direct use of those platforms.

2. Your account

You must be at least 18 and authorized to enter this agreement for yourself or the organization you represent. Provide accurate account information and keep your credentials secure. You are responsible for activity you authorize and for promptly reporting unauthorized access.

You must own or be authorized to manage each connected account. Instagram connections require an eligible Instagram Business or Creator account.

3. Acceptable use

You are responsible for your message content and automation settings. You must not use DM Spark to:

• Send spam, deceptive messages, phishing, threats, harassment, or content prohibited by the applicable platform’s rules.
• Collect or use information unlawfully, impersonate others, or connect accounts without authorization.
• Scrape or harvest platform data outside your configured automations.
• Circumvent usage limits, compromise security, or disrupt the service.
• Reverse-engineer the service except where law permits, or resell or sublicense access without our written permission.

The additional requirements for collecting and using audience information appear in Section 7.

4. Plans, payments, and cancellation

We offer four plans: Free, Insider, Creator and Studio. Creator and Studio are paid plans. Insider is our free plan for testers, by invitation only (see Insider plan). Each plan’s price, included messages, limits (such as connected accounts and contacts synced to other services), and features are listed on our pricing page.

Paid subscriptions renew automatically each month until canceled. By subscribing, you authorize NS Media LLC to charge your payment method for subscription fees, including the prorated difference when you upgrade. If you buy a message pack, you authorize the charge for that pack. Stripe processes payments. Prices are in US dollars; applicable taxes and purchase-specific terms appear at checkout.

Included messages. Each plan includes a number of outgoing automated messages per billing period (per calendar month on Free). Sending pauses when you reach it unless you have promotional or purchased messages available. We do not charge for usage beyond your included, promotional, and purchased messages. Included messages reset at the start of each billing period and do not carry over.

What counts. Each automated direct message we successfully send counts once, including openings, follow-ups, email requests, and reminders. Public comment replies, incoming messages, clicks, collected emails, and failed sends do not count.

Paused sending. While sending is paused, your Sparks do not send. Instagram limits how long a reply can be sent after someone interacts, so messages missed while sending is paused may not be deliverable later, even after your allowance resets or you add messages.

Switching plans. An upgrade takes effect immediately, and we charge the prorated difference for the rest of your current billing period right away. A downgrade takes effect at the end of your current billing period, with no refund for the rest of that period. If the new plan allows fewer connected accounts, we disconnect the extra accounts when the downgrade takes effect and always keep your primary account.

You can cancel in Settings at any time. Cancellation takes effect at the end of the period you have paid for, and paid access continues until then, after which your account returns to Free. Account deletion ends access when the request is accepted and stops renewal; charges already incurred remain payable. Deleting a contact or connection does not cancel your subscription. Payments are nonrefundable except where law requires otherwise, and we do not refund part of a billing period unless we choose to. We may suspend paid access if payment fails.

Changes to plans. We may improve a plan at any time without notice, for example by adding messages, raising limits, adding features, or lowering its price. If we reduce what a paid plan includes or raise its price, we will email accounts on that plan at least 30 days in advance. The change takes effect at the start of your first billing period that begins after the notice period ends. Until then, you can switch plans or cancel, and you never pay the new price. We will also give at least 30 days’ notice, by email or a service notice, before reducing the Free plan’s limits or features. Plan changes made under this section are not changes to these Terms.

5. Insider plan

We invite some customers to test DM Spark and help us improve it. Insider is the plan for these testers. It is free, and it is a thank-you rather than something you can buy.

• What Insiders get: The Free plan’s features with a monthly bonus of outgoing automated messages (currently 100,000) and reminders. We may change these perks.
• How to apply: Email hello@dmspark.io with your Instagram account and how you use DM Spark.
• Limited spots: We offer Insider to our most active users, at our discretion. Applying does not guarantee a place.
• What we expect: Regular use and feedback, such as replying to check-ins and reporting problems.
• Ending: We may end Insider with 30 days’ notice. Your account then moves to the Free plan and its standard limits, and features that need Creator pause. You can upgrade to Creator or Studio at any time, and you keep the Insider bonus on a paid plan while you remain an Insider.

6. Your content and our intellectual property

You retain ownership of your content, including message templates and Spark configurations. You grant NS Media LLC a limited license to process it as needed to provide, secure, and support DM Spark on your instructions. This license does not permit us to sell audience data or use it for our own marketing.

NS Media LLC owns DM Spark’s code, design, branding, and documentation, including the DM Spark name and logo. Except for your own content and rights permitted by law, you may not copy, modify, distribute, or create derivative works of the service without our written permission.

7. Collected emails and audience information

You decide why to collect email addresses and other audience information and how to use them. You are responsible for:

• Providing a clear collection notice and your privacy policy, and establishing a lawful basis for collecting and using the information.
• Obtaining and documenting separate marketing permission where required. An email supplied to receive requested content does not by itself authorize newsletters, promotional campaigns, or unrelated messages.
• Protecting the information, restricting access, and limiting use and retention to permitted purposes.
• Honoring unsubscribe, correction, and deletion requests in DM Spark and every system or exported list where you keep the information.

Before exporting or importing contacts into another tool, confirm that the intended use is permitted. We do not verify address ownership or certify marketing consent. Collecting an email address does not by itself establish marketing consent. Reusing a saved address does not create new consent. The collection feature gathers information through DMs; it does not send email or subscribe contacts to your mailing list.

Do not knowingly collect passwords, payment-card security codes, sensitive personal information the service is not designed to handle, or children’s information in violation of law. Tell us promptly about unauthorized collection or exposure requiring our assistance. We remain responsible for our own security, privacy, and contractual obligations.

8. Our processing of audience information

Where you are the controller and NS Media LLC is the processor under applicable data-protection law, this section governs audience information throughout our provision of the service and the necessary return or deletion period. You retain the controller’s rights and obligations.

Scope and instructions. To operate your automations, we receive, store, organize, use, display, transmit, export, and delete platform identifiers, message and interaction content, contact details, and consent records relating to people who interact with your connected accounts. Your configurations, authorized use, and verified support requests constitute your documented instructions. We process this information only on your lawful instructions, including for transfers, unless law requires otherwise. We will notify you of that legal requirement unless prohibited and tell you if we believe an instruction infringes applicable data-protection law.

Confidentiality and security. Authorized personnel must be bound by confidentiality obligations. We will maintain appropriate technical and organizational safeguards, including access restrictions, secure transmission, and incident handling.

Service providers. You generally authorize the providers listed in our Privacy Policy to process audience information as needed for their stated functions. We will impose applicable data-protection obligations on subprocessors and remain responsible for their performance. We will give at least 30 days’ notice before adding or replacing a subprocessor handling this information. You may object on reasonable data-protection grounds. If we cannot resolve the objection, you may discontinue the affected service and request return or deletion of the information.

Assistance and accountability. Taking account of the processing and information available to us, we will assist with individual rights requests, security obligations, breach notifications, impact assessments, and required regulator consultation. We will notify you without undue delay after becoming aware of a personal-data breach affecting your audience information. We will provide information needed to demonstrate compliance and allow reasonable audits or inspections by you or an authorized auditor, subject to confidentiality and protection of other customers.

Return and deletion. At the end of processing, you may choose return or deletion of audience information; we will delete remaining copies unless law requires retention. Export contacts before closing your account. Contact us for a return request that exceeds the available export or includes other audience records. Retained records and the scope of automated deletion are described in Privacy Policy Section 7.

International transfers. Contact us before using DM Spark for processing that requires a separate transfer agreement. Such processing may begin only after the required arrangements are in place. These Terms do not include standard contractual clauses for international transfers.

9. Disconnecting and deleting data

You can disconnect an account, delete connection data, or request account deletion in Settings. Contact deletion is available from contact details. You may also email hello@dmspark.io. We may verify your identity and authority before acting.

Export information you need, or arrange its return with us, before requesting deletion. Information erased from the service cannot be recovered through your account.

• Disconnect: Stops the connection and removes active credentials. Historical records, your DM Spark account, and your subscription remain.
• Delete connection data: Removes the connection’s Sparks, contacts, and associated automation records, and clears your current profile photo. Your login and subscription remain.
• Delete contact data: Removes records for the selected contact’s platform identity across that connected account’s Sparks. Other platform identities and connections are separate.
• Delete account: Stops account access and automations, stops subscription renewal, and removes active application records, profile files, and your authentication account.

We retry deletions after temporary failures; a confirmation link shows progress. A completed status covers active application stores. Limited billing records, deletion receipts, temporary contact suppression records, logs, provider records, and backup copies are addressed separately in Privacy Policy Section 7. We process verified requests without undue delay and within applicable legal deadlines, subject to lawful exceptions.

Meta deauthorization stops access. A verified Meta data-deletion request initiates deletion for the matched connection, including a previously disconnected connection. Contact us about retained data from an earlier Facebook connection.

Deletion cannot recall delivered messages or remove copies you or another recipient downloaded. A message already being sent may finish. You must handle required deletion and unsubscribe requests in your exported lists and other systems.

10. Availability and third-party services

Maintenance, network failures, and platform restrictions can interrupt service or delay or prevent message delivery. Changes to Meta’s APIs may make features temporarily or permanently unavailable. We do not guarantee uninterrupted access, delivery of every message, or particular business results.

You are responsible for errors caused by your message content or automation settings. This does not excuse defects in our service or limit duties that cannot lawfully be excluded. Our Privacy Policy identifies our providers; their involvement does not remove our responsibilities for them.

11. Suspension and termination

We may suspend or terminate access for a breach of these Terms, nonpayment, misuse that creates security or legal risk, a Meta restriction, or a legal requirement. We may act without prior notice where needed to address those circumstances. We may also close an account after extended inactivity, with advance notice.

Termination ends your right to use DM Spark. You may request return or deletion of information as described above. Amounts already owed and provisions that by their nature apply after termination remain in effect, including intellectual property, liability, indemnification, and dispute provisions.

12. Warranties

To the extent permitted by law, DM Spark is provided “as is” and “as available.” We disclaim express and implied warranties, including merchantability, fitness for a particular purpose, and noninfringement. We do not warrant that the service will be error-free or free of harmful components. This section does not exclude our express obligations under these Terms or warranties and rights that law does not allow us to exclude.

13. Limits of liability

To the extent permitted by law, NS Media LLC and its affiliates, officers, employees, and agents are not liable for indirect, incidental, special, consequential, or punitive damages arising from these Terms or the service, including loss of revenue, profits, data, or goodwill.

Our aggregate liability arising from these Terms or the service will not exceed the greater of $100 or the fees you paid us in the 12 months before the event giving rise to liability. These exclusions and limits do not apply to fraud, willful misconduct, gross negligence, or any liability or remedy that applicable law does not allow us to exclude or limit.

14. Third-party claims

To the extent permitted by law, you will indemnify NS Media LLC and its personnel against third-party claims and reasonable related costs to the extent caused by your unlawful message content, unlawful collection or use of audience information, material breach of these Terms, or infringement of third-party rights. This obligation does not cover claims caused by our own breach or misconduct.

We will promptly notify you of a claim, reasonably cooperate, and allow you to control its defense with qualified counsel. Without our written consent, no settlement may admit fault for us, impose nonmonetary obligations on us, or fail to release us.

15. Changes to these Terms

We will give at least 30 days’ notice by email or a prominent service notice before material changes take effect. Continued use after the effective date constitutes acceptance. If you disagree, stop using DM Spark; you may cancel your subscription and request return or deletion of your information.

16. Governing law and general terms

California law governs these Terms, excluding its conflict-of-law rules. Disputes must be brought in California state or federal courts, and you consent to their jurisdiction and venue, except where mandatory law entitles you to another forum. Nothing in these Terms limits nonwaivable consumer or privacy rights.

If a provision is invalid or unenforceable, it will be limited to the extent necessary and the remaining provisions will continue in effect. These Terms, together with our Privacy Policy and any separately executed data-processing or transfer agreement, form the agreement concerning DM Spark and supersede prior communications on the same subject. A separately executed processing or transfer agreement controls any conflict concerning its subject matter.

17. Contact

NS Media LLC operates DM Spark. Contact us at hello@dmspark.io or 1255 Trinity Dr, Menlo Park, CA 94025, United States.