Terms of Service

5. Plans, billing and cancellation

5.1 Plans

SwipeReply offers a Free plan and the paid plans Growth and Pro, billed monthly or yearly. Every plan includes every feature. The plans differ in the number of replies included per month. Current limits and prices are shown on our pricing page and in the app. The Free plan does not require a payment method and does not expire.

5.2 What counts as a reply

One comment or direct message answered by SwipeReply counts as one reply, whether you approved the draft with a swipe or Auto Reply and Automations sent it on their own. Drafts you reject do not count. When you reach the limit of your plan, new replies pause until the next billing period. Your account, your settings and your automations stay as they are, and replies continue immediately when you upgrade.

5.3 Payment

Payments are processed by Stripe. We do not store full card details on our servers. By subscribing you authorise recurring charges for your plan at the start of each billing period. Prices are shown in US dollars. Applicable VAT is shown at checkout. We may change prices with at least 30 days notice by email or in the app. A price change never affects a billing period you have already paid for.

5.4 Upgrades and downgrades

You can switch plans at any time. Upgrades take effect immediately. Downgrades take effect at the end of the current billing period.

5.5 Cancellation

You can cancel in the app at any time and there are no cancellation fees. Monthly plans end at the end of the current month. Yearly plans run to the end of the year you paid for and do not renew after cancellation. Fees already paid are not refunded, except where the right of withdrawal in section 5.6 or mandatory law applies.

5.6 Right of withdrawal for consumers in the EU and EEA

If you are a consumer in the EU or EEA, you may withdraw from a paid subscription within 14 days of subscribing without giving a reason. To withdraw, send a clear statement through our contact page or by email within that period. If you asked us to start the service during the withdrawal period, you pay a proportionate amount for the service used until you withdraw.

6. Your content and responsibilities

6.1 Ownership

You keep all rights to the content you create, upload or approve through SwipeReply: your posts, your knowledge base, your replies and messages. We do not claim any intellectual property in it. You grant us the right to process this content only as far as necessary to provide the Service.

6.2 Your obligations

You agree to: (a) comply with the terms and policies of Instagram and Meta, (b) not use SwipeReply for spam, harassment, hate speech, deception or any unlawful purpose, (c) disclose the use of automated replies where the law requires it, (d) only upload knowledge base content you are allowed to use, and (e) not reverse engineer, scrape or attempt to extract the models or systems behind SwipeReply.

6.3 Your rules and your community's data

You decide which categories Auto Reply answers, which keywords trigger Automations, and which tone, banned words and safe topics apply. You are responsible for these settings and for every reply that you approve or that is sent within the settings you chose. You confirm that you may use the comments and messages of the people who write to you to answer them, and that you handle their data in line with applicable law.

7. AI generated content

SwipeReply generates replies with large language models from third party providers, including Anthropic, OpenAI and Google. Generated replies are suggestions. They can be inaccurate, incomplete, off tone or inappropriate, and web search results used as context can be outdated. Review drafts before you approve them, keep Auto Reply and Automations to the categories and keywords you are comfortable with, and check the log of automatically sent replies regularly.

We do not train or fine tune AI models on your data or on the data of your community unless you explicitly opt in.

8. Data and privacy

We process personal data in accordance with the GDPR and German data protection law. How we collect, use, store and share data, which processors we use and which rights you have is described in our Privacy Policy.

9. Availability and changes to the Service

We work hard to keep SwipeReply available and reliable, but we do not guarantee uninterrupted or error free operation. SwipeReply depends on the Instagram API and on third party AI providers, which we do not control. We may change, add or discontinue features at any time. Where a change materially reduces the Service you pay for, we give you reasonable advance notice and you may cancel before it takes effect.

10. Intellectual property

The SwipeReply name, logo, brand, website, application and underlying technology belong to Dnkfbrk GmbH and are protected by intellectual property law. These Terms do not grant you any right to use our brand or technology beyond using the Service as intended.

11. Liability

11.1 Limitation

To the extent permitted by law, our total liability for all claims arising from or in connection with the Service is limited to the amount you paid us in the 12 months before the claim arose. We are not liable for indirect damages, lost profits or lost followers, reach or engagement.

11.2 Mandatory liability under German law

Nothing in these Terms limits or excludes our liability for intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), or for the breach of essential contractual obligations (Kardinalpflichten). In the case of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage that is typical for the contract and foreseeable.

11.3 No warranty for generated replies

SwipeReply is provided as is. To the extent permitted by law we give no warranty that generated replies are accurate, appropriate or suitable for your audience. Replies you approve, and replies sent within the settings you chose, are your responsibility.

12. Indemnification

You agree to indemnify Dnkfbrk GmbH against claims, damages and reasonable costs, including legal fees, arising from your use of the Service, from replies you approved or that were sent within your settings, from your breach of these Terms or from your violation of third party rights, including the terms and policies of Instagram and Meta. This does not apply where you are a consumer and the claim is not caused by you.

13. Term and termination

You can stop using SwipeReply and delete your account at any time in the app. We may suspend or terminate your access if you breach these Terms, if your use puts the Service or other users at risk, or if Meta requires it, and we will tell you why unless the law prevents us. On termination, your Instagram connection is removed and your data is deleted as described in the Privacy Policy.

14. Governing law and disputes

14.1 Governing law

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer in the EU or EEA, the mandatory consumer protection provisions of your country of residence apply in addition.

14.2 Jurisdiction

For business users the exclusive place of jurisdiction is Berlin, Germany. Consumers in the EU or EEA may bring proceedings in the courts of their country of residence or in Berlin.

14.3 Users in the United States

If you are located in the United States, you and SwipeReply agree to resolve disputes through binding individual arbitration administered under the rules of the German Arbitration Institute (DIS) in Berlin, except where prohibited by law. You waive any right to participate in class actions or class wide arbitration.

14.4 Consumer dispute resolution

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). We are always happy to resolve issues directly: write to us through the contact page.

15. Changes to these Terms

We may update these Terms from time to time. We announce material changes by email or in the app at least 14 days before they take effect. If you continue to use SwipeReply after that date, the new Terms apply. If you do not agree, you can cancel before the changes take effect.

16. Contact

Questions about these Terms? Reach us through the contact page. We answer within one business day.