Terms of Service

1. Acceptance of Terms

By accessing or using the DM Native platform, website (dmnative.com), APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Services.

2. Description of Services

DM Native provides an autonomous commerce engine that processes inbound social media messages (via connected social platforms), generates AI-powered responses using proprietary intelligence models, and facilitates payment transactions through institutional financial account integration. The Services operate on our global edge infrastructure.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. By registering, you represent that all information provided is accurate and that you have the authority to bind the business entity you represent.

4. Merchant Accounts

• You are responsible for maintaining the security of your account credentials.
• You must maintain an active institutional financial account in good standing.
• You are responsible for all activity that occurs under your account.
• You must promptly notify us of any unauthorized access.

The DM Native engine generates automated responses to customer inquiries on your behalf. While we employ an institutional post-audit compliance layer to audit all responses before transmission:

• You acknowledge that AI-generated content may occasionally contain errors.
• You retain ultimate responsibility for communications sent to your customers.
• You agree to review AI performance metrics and escalation logs regularly.
• You may configure response boundaries, pricing rules, and escalation triggers through the merchant dashboard.

6. Fees and Payment

• Subscription Fees: Monthly SaaS fees as specified in your selected plan (Starter Engine, Pro Core, or Prime Enterprise).
• Transaction Fees: A percentage-based take-rate applied to each completed transaction processed through the platform.
• Billing: Fees are billed monthly in arrears. Failure to pay may result in service suspension.
• Refunds: Subscription fees are non-refundable except as required by applicable law.

7. Prohibited Uses

You may not use the Services to:

• Sell prohibited, illegal, or regulated goods without proper licensing
• Engage in fraud, money laundering, or terrorist financing
• Violate Institutional Partner Terms or any applicable law
• Attempt to reverse-engineer, decompile, or extract the proprietary models
• Exceed rate limits or abuse platform access

8. Intellectual Property

All rights, title, and interest in the DM Native platform, including the proprietary models, institutional post-audit architecture, and proprietary algorithms, remain the exclusive property of DM Native LLC. You retain ownership of your product data, brand assets, and customer relationships.

9. Limitation of Liability

To the maximum extent permitted by law, DM Native LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data, arising from your use of the Services. Our total liability shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

10. Termination

Either party may terminate this agreement with 30 days written notice. We may immediately suspend or terminate access for violations of these Terms, non-payment, or if required by law. Upon termination, your right to use the Services ceases immediately. We will provide data export capabilities for 30 days post-termination.

11. Governing Law

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Bernalillo County, New Mexico.

12. Contact

For questions about these Terms, contact:
DM Native LLC
New Mexico, USA
legal@dmnative.com