These Terms of Service (“Terms”) form a legal agreement between you (or the business you represent) and DMHub Inc. (“DMHub”, “we”, “us”). They govern your use of the DMHub platform, APIs, and related services (collectively, the “Service”).

Acceptance

By creating an account or using any part of the Service, you agree to these Terms and our Privacy Policy. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

If you do not agree to these Terms, do not use the Service. You must be at least 18 years old to create an account.

Your Account

You are responsible for all activity that occurs under your account. Keep your credentials secure and do not share them with others. Notify us immediately at security@dmhub.ai if you suspect unauthorized access.

You must provide accurate, complete, and up-to-date information when registering. We may suspend or close accounts that contain false information.

Subscription & Billing

DMHub offers free and paid plans. Paid plans are billed monthly or annually in advance. Prices are listed at /pricing. We may update pricing with 30 days’ notice, and changes will take effect at your next billing cycle.

Subscriptions renew automatically unless you cancel before the renewal date. You can cancel at any time from your account settings. Canceling stops future charges; we do not issue pro-rata refunds for unused time in the current billing period, except where required by law.

Some features (AI messages, WhatsApp broadcasts, SMS) are billed on a usage or credit basis in addition to the base subscription. Credit costs are described in the platform. Credits expire 12 months after purchase if unused.

Acceptable Use

You may use DMHub only for lawful business purposes. The following are prohibited:

Sending spam, unsolicited commercial messages, or messages to contacts who have not consented to receive them
Transmitting malware, viruses, or harmful code
Scraping, harvesting, or reverse-engineering the Service
Using the Service to harass, threaten, or discriminate against any person
Violating any applicable law, regulation, or third-party right
Attempting to gain unauthorized access to any part of the Service or its infrastructure
Reselling or sublicensing the Service without our written permission

We may immediately suspend accounts found violating these rules, with or without prior notice.

Customer Data Ownership

You own all data you import into or generate through DMHub — including contact records, conversation history, and message content (“Customer Data”). We process Customer Data only to operate the Service on your behalf, as described in our Privacy Policy and Data Processing Addendum (DPA).

We do not sell, share, or use Customer Data to train AI models or for our own commercial purposes. On termination, we will make your data available for export for 90 days before permanently deleting it.

Channel-Specific Compliance

When you use DMHub to send messages through third-party channels, you must comply with the applicable platform policies and laws:

WhatsApp. You must comply with Meta’s WhatsApp Business Messaging Policy, including requirements around opt-in consent and approved message templates for business-initiated conversations.
SMS (US). You must comply with the Telephone Consumer Protection Act (TCPA), including obtaining prior express written consent before sending marketing texts, honoring opt-out requests immediately, and maintaining records of consent.
SMS/Email (Canada). You must comply with Canada’s Anti-Spam Legislation (CASL), including obtaining express or implied consent before sending commercial electronic messages.
Email (EEA/UK). You must comply with GDPR and applicable ePrivacy rules, including obtaining consent for marketing emails and honoring unsubscribe requests.

You are solely responsible for ensuring your use of each channel complies with applicable law and platform policies. DMHub is not liable for channel access being suspended due to your policy violations.

Service Level

We aim to keep DMHub available and performant. We target 99.5% monthly uptime for paid plans, measured excluding planned maintenance windows announced at least 24 hours in advance. This is a target, not a contractual SLA with credits or penalties. Service status is published at status.dmhub.ai.

The Service is provided “as is”. Message delivery through third-party channels (WhatsApp, SMS, email) depends on those providers, and we cannot guarantee delivery times or success rates for third-party network events outside our control.

Termination

Either party may terminate the agreement at any time. You can close your account from your settings. We may suspend or terminate your account immediately if you breach these Terms, fail to pay, or engage in conduct that creates legal or reputational risk for DMHub or third parties.

On termination, your access to the Service ends. We will retain your Customer Data for 90 days for export, then permanently delete it.

Intellectual Property

The DMHub platform, software, design, and content are owned by DMHub Inc. and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during your subscription term.

You grant us a limited license to process your Customer Data solely to operate and improve the Service for you.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be error-free or uninterrupted.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DMHUB’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) $100 USD.

IN NO EVENT WILL DMHUB BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify, and hold harmless DMHub, its officers, directors, employees, and agents from any claim, loss, or expense (including reasonable attorneys’ fees) arising from your use of the Service, your Customer Data, or your violation of these Terms or applicable law.

Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. If you are using the Service as a consumer in a jurisdiction with mandatory consumer protection laws, those laws may provide you with additional rights that override conflicting provisions in these Terms.

Disputes

We hope to resolve disputes informally first. If you have a concern, email legal@dmhub.ai and we will try to resolve it within 30 days.

If informal resolution fails, all disputes will be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), not in court. You waive your right to participate in a class action or class-wide arbitration. This arbitration clause does not apply to claims for injunctive relief or to users in jurisdictions where mandatory arbitration is unenforceable.

Changes

We may modify these Terms at any time. For material changes, we will provide at least 14 days’ notice via email or a dashboard notice before the new Terms take effect. Continued use of the Service after the effective date constitutes acceptance.

Contact

DMHub Inc., 548 Market St, San Francisco, CA 94104.
Email: legal@dmhub.ai