The DMs Terms of Use
Effective as of June 1, 2025
Version 1.1
INTRODUCTION
ACCOUNT ELIGIBILITY: YOUR RESPONSIBILITIES
TYPES OF ACCOUNTS
CONTENT
PRIVACY
RIGHTS YOU ARE GRANTED BY THE DMS
RIGHTS YOU GRANT THE DMS
DM COIN - INTERNAL CURRENCY
ACCOUNT TERMINATION
DISCLAIMER
LIMITATION OF LIABILITY
DISPUTE RESOLUTION SECTION
GOVERNING LAW
INDEMNITY BY YOU
ACCEPTANCE OF TERMS
ENTIRE AGREEMENT
INTRODUCTION
By accessing or using The DMs Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions outlined in this Terms of Use Agreement (referred to herein as the “Terms” or the “Agreement”), as well as our Privacy Policy. Accordingly, it is essential that you review both this Agreement and the Privacy Policy carefully before registering for an account or utilizing the Services.
The DMs reserve the right to modify or update these Terms at any time. We encourage you to review this page periodically to stay informed of any changes.
Welcome to The DMs.
These Terms of Use constitute a binding agreement between you and:
Mobbyn INC.
C-Corporation
1111B S Governors Ave STE 34624
Dover, DE 19904
United States
The DMs is a product/service developed, owned, and operated by Mobbyn INC.
For the purposes of these Terms of Service, all references to “The DMs” refer to the product/service provided by Mobbyn INC., and all rights, obligations, and responsibilities described herein relate to your use of The DMs.
The terms “we,” “us,” “Company,” and “The DMs” refer collectively to Mobbyn INC., the company operating The DMs app, a product and service provided by Mobbyn INC. Collectively, you and the Company may be referred to as the “Parties,” and individually as a “Party.” By accessing or using our Services—whether through the website located at the-dms.app (the “Website”), the The DMs mobile application (the “App”), or any other platforms or services provided by The DMs (collectively referred to as the “Service” or “Services”)—you confirm that you have read, understood, and agree to be legally bound by this Agreement. These Terms apply to all individuals who access or use the Services, regardless of the manner or platform used. Subject to applicable law, The DMs reserves the right to modify, amend, or update these Terms at any time. In the event of material changes, notice will be provided by updating the effective date at the top of this page, and may, in some cases, also be communicated via email or other direct means. However, you are solely responsible for regularly reviewing this page to stay informed of any revisions. Continued access to or use of the Services after changes have been made constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue all use of the Services.
ACCOUNT ELIGIBILITY: YOUR RESPONSIBILITIES
Before registering for an account or using the Services, you must ensure that you meet the eligibility requirements outlined herein. This section also describes your responsibilities as a user, including permitted and prohibited conduct, as well as the rights you grant to The DMs.
You are not permitted to access or use the Services, or to create an account, unless all of the following conditions are satisfied. By using the Services, you represent and warrant that each of the following statements is true:
The Services are intended solely for users who are 18 years of age or older. If you are under 18, you may not access or use the Services under any circumstances ;
You possess the legal capacity and authority to enter into a binding agreement with The DMs;
You are physically located within a jurisdiction where access to the Services is lawful and not prohibited by local regulations. Access from outside the United States may be restricted at The DMs’s discretion.;
You are not included on any government list of individuals prohibited from doing business with the United States (including, without limitation, the U.S. Department of the Treasury’s list of Specially Designated Nationals or any equivalent list maintained by a governmental authority);
You are not otherwise prohibited by applicable law from accessing or using the Services;
You have not been convicted of, pled no contest to, or otherwise committed any felony or indictable offense (or any crime of similar gravity), including but not limited to sex crimes or offenses involving violence or threats of violence—except where you have received legal clemency for a non-violent offense and The DMs has determined, at its sole discretion, that you do not pose a risk to other users;
You maintain no more than one active account on the Services; and
You have not previously been suspended or permanently removed from the Services.
Should you, at any time, no longer satisfy the eligibility criteria outlined in these Terms, your authorization to access the Services and any related systems shall be deemed immediately and automatically revoked. In such an event, you must promptly discontinue use of the Services and permanently delete your account. The DMs reserves the right to suspend or terminate your access to the Services at any time, with or without notice, if you are found to be in breach of these requirements.
By using the Services, you further agree to:
Adhere to all provisions of these Terms and periodically review this page to remain informed of any updates or modifications;
Comply with all applicable laws and regulations, including, without limitation, those about privacy, intellectual property, anti-spam measures, and other legal obligations;
Utilize only the most current version of the Website and/or the App;
Take all reasonable precautions to safeguard the confidentiality and security of your login credentials.
You expressly agree not to engage in any of the following actions when accessing or using The DMs Services:
Falsify or misrepresent your identity, age, affiliations, or any other personal information;
Use the Services in any manner that damages, disables, overburdens, or impairs the functioning of the Services or prevents other users from fully enjoying the Services;
Interfere with, disrupt, or negatively impact the operation of the platform, servers, or networks related to the Services;
Utilize the Services for any unlawful, harmful, fraudulent, or malicious purpose, including but not limited to using Virtual Items for money laundering or other financial crimes;
Harass, bully, stalk, intimidate, assault, defame, or cause physical or psychological harm to any individual;
Post, upload, or share any Prohibited Content as defined in these Terms;
Solicit or attempt to collect passwords, personal identifying information, or other confidential data from other users for commercial, unlawful, or unauthorized purposes, or distribute such information without consent;
Access or use another user’s account without permission;
Use the Services to engage in fraudulent schemes, pyramid schemes, or similar deceptive practices;
Violate the terms of the license granted by The DMs;
Disclose any private, confidential, or proprietary information that you do not have the legal right to disclose;
Copy, modify, reproduce, distribute, transmit, create derivative works from, or otherwise exploit any Member Content, Our Content, or intellectual property accessible via the Services without prior written consent from The DMs;
Represent or imply that any statements or content you provide are endorsed or sponsored by The DMs without explicit authorization;
Use any automated system or software (such as robots, crawlers, spiders, or scrapers) to access, retrieve, index, or data mine any portion of the Services or circumvent its navigational structure or presentation;
Upload or introduce viruses, malware, or any other malicious code or harmful components to the Services;
Forge or manipulate headers or other identifiers to disguise the origin of any content transmitted through the Services;
Frame, mirror, or otherwise replicate any part of the Services without The DMs’s prior written approval;
Use meta tags, hidden text, or code containing references to The DMs or its trademarks to direct users to third-party websites without authorization;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any part of the Services, or assist others in doing so;
Develop, use, or deploy any third-party applications or automated systems, including artificial intelligence or machine learning tools, that interact with the Services or Member Content without prior written permission;
Access or publish any The DMs application programming interface (“API”) without written authorization;
Probe, scan, or test the vulnerability of the Services, any systems, or networks;
Encourage, promote, facilitate, or participate in any activity that violates these Terms;
Create a new account after suspension or termination by The DMs without express prior consent;
Submit false, misleading, or unfounded reports regarding other users’ conduct or content, or misuse The DMs reporting and appeals systems.
The license granted to you under these Terms, along with any authorization to access or use the Services, shall be immediately and automatically revoked upon your engagement in any of the prohibited activities described above.
The DMs strictly prohibit the uploading, posting, or sharing of any content that:
Could reasonably be construed as offensive, harassing, abusive, or causing psychological distress to others;
Is obscene, pornographic, violent, or contains nudity;
Is abusive, threatening, discriminatory, or promotes or encourages racism, sexism, hatred, or bigotry;
Encourages or facilitates any illegal activity, including, but not limited to, terrorism, incitement of racial hatred, or any conduct that itself constitutes a criminal offense;
Encourages or facilitates any activity that may result in harm to yourself or others, including, without limitation, promotion of self-harm, eating disorders, dangerous challenges, or violent extremism;
Is defamatory, libelous, or factually untrue;
Pertains to commercial activities such as sales, contests, promotions, advertising, solicitation for services, sex work, “sugar daddy” or “sugar baby” relationships, or contains links to external websites or premium-rate telephone numbers;
Involves or facilitates the transmission of unsolicited spam;
Contains any spyware, adware, viruses, corrupted files, worms, Trojan horses, or other malicious software or code intended to disrupt, damage, or limit the functionality of software, hardware, telecommunications networks, servers, or other equipment, or to unlawfully intercept, expropriate, or interfere with any data or personal information of The DMs or third parties;
Infringes on any third party’s rights, including but not limited to intellectual property or privacy rights;
Was not authored by you unless expressly authorized by The DMs;
Includes the image, likeness, or personal information of another person without their consent, or in the case of minors, without consent of a parent or guardian;
Includes images or likenesses of minors who are unaccompanied by a parent or guardian, are not fully clothed, or depict or imply minors engaged in sexual activity;
Is inconsistent with the intended use of the Services; or
May damage or harm the reputation of The DMs, including but not limited to content defamatory toward The DMs.
Any upload or sharing of such Prohibited Content may result in the immediate suspension or termination of your account.
3. Types of Accounts
3.1. Types of Accounts
The DMs platform provides four distinct types of user accounts, each with different access levels, functionalities, and responsibilities. By registering an account, the user agrees to the terms and conditions associated with the selected account type. The DMs reserves the right to verify, modify, restrict, or deactivate any account that violates these Terms of Use.
3.2. Fan Account (“Fan”)
The Fan account is intended for users who wish to access the platform as consumers of content and/or supporters of Creators.
Fan account holders are granted the following privileges:
Browsing public Creator profiles
send and receive multimedia messages (including text, voice, images, and video) to/from Creators, subject to Creator pricing
Sending tips to Creators
Purchasing DM Coin through an external payment provider
Using additional features made available to Fans in the app
Fan account limitations include:
No eligibility for withdrawals
No access to content publishing tools
No ability to promote personal profiles or engage in commercial activity on the platform
Fans must comply with all community standards and are prohibited from violating public decency or engaging in unsolicited or inappropriate contact with Creators.
3.3. Creator Account (“Creator”)
The Creator account is designated for users who intend to provide interactive responses and receive compensation in the form of DM Coin for engaging with Fans.
Creator account holders are granted the following privileges:
receive and respond to multimedia messages (text, voice, images, video) from Fans
Receiving tips (non-refundable voluntary contributions) from Fans
Accessing interaction history and performance statistics
Requesting withdrawals of accumulated DM Coin in USD, in accordance with the payout policy
Managing their Creator profile
Publishing public-facing content such as profile descriptions and profile pictures
Published content must comply with the following guidelines:
Must not contain sexual, erotic, or suggestive material or imply provision of sexual services
Must not depict or promote physical, psychological, or emotional violence
Must not contain hate speech, discrimination, racism, xenophobia, homophobia, or other intolerant content
Must not include pornography, nudity, NSFW material, or visuals inappropriate for minors
Must not promote or imply participation in illegal activity, including drug use, smuggling, financial fraud, or animal cruelty
Must not infringe copyright or third-party rights (e.g., unauthorized photos, logos, or third-party materials)
The Operator reserves the right to review, moderate, restrict, or remove content that violates these rules or otherwise jeopardizes user safety or platform integrity.
Creator account obligations and restrictions:
No solicitation or engagement with Fans outside The DMs mechanisms
Submission of required tax information for payouts
Maintain ethical, authentic, and secure communication with Fans
Activation of a Creator account:
To obtain Creator status, the user must meet eligibility criteria defined by the Operator, including but not limited to:
Successful verification of identity and account authenticity via Instagram (or another platform designated by the Operator)
Meeting the minimum number of followers (e.g., 100,000), as per the current guidelines available in the app or on the website
The Operator reserves the right to update the eligibility criteria for Creator accounts at any time and to make case-by-case determinations at its sole discretion. Creator status may be denied or revoked at any time if the user fails to meet the requirements or violates these Terms of Use.
3.4. Support Account (“Support”)
Support accounts are internal-use profiles managed by The DMs support staff for the purpose of resolving user issues and ensuring compliance.
Support accounts may initiate communication with users in cases involving:
Technical issues
Message/payment disputes
Reports of Terms violations
Key characteristics of Support accounts:
Operated solely by authorized The DMs personnel
Used exclusively for support-related interactions
Not involved in DM Coin transactions or tip reception
Do not engage in any monetized or creator-like interactions
Users are permitted to communicate with Support accounts only for legitimate app-related issues. Unrelated messages may be ignored or may result in limitations on the user’s account functionality. Support accounts operate in compliance with applicable privacy regulations, including CCPA, and only access user data to the extent necessary to fulfill their support or enforcement roles.
3.5. Administrator and Moderator Accounts
To ensure proper platform functioning, regulatory compliance, and fraud prevention, The DMs may utilize administrator and moderator accounts with elevated technical permissions.
Key characteristics of such accounts include:
Ability to manage user content, accounts, and platform mechanisms
Used for testing features, reviewing user reports, monitoring activity, and enforcing rules
Authorized to take actions such as content removal, account suspension, or transaction cancellation
Not used for general user communication or customer support
Administrator and Moderator accounts operate in compliance with applicable privacy regulations, including CCPA, and only access user data to the extent necessary to fulfill their support or enforcement roles.
3.6. Restriction on Multiple Accounts
Users are not permitted to maintain more than one account of the same type (Fan or Creator) without prior written consent from the Operator. Violation of this policy may result in:
Suspension or permanent ban of duplicated accounts
Loss of access to features associated with those accounts
Forfeiture of accumulated DM Coin balances, if applicable
3.7. Account Confidentiality and Personal Use
Each account is intended for use by a single, identified individual. Account sharing, delegation, or transfer to third parties is strictly prohibited. Disclosing login credentials or allowing another person to use your account constitutes a serious breach of these Terms and may result in temporary suspension or permanent account termination.
4. CONTENT
This section outlines the rules, rights, and responsibilities related to all forms of content within The DMs, including user-generated content, Creator publications, interactions via direct messages, and all materials made accessible through the platform.
4.1. Definitions
For the purposes of these Terms of Use, “Content” includes, without limitation:
– All text, voice messages, images, audio, video, and other materials posted, uploaded, sent, or shared on or through the Services;
– Content displayed in public profiles, Creator descriptions, profile images, or responses;
– Content included in private or direct messages exchanged between users;
– Any content generated or submitted with the assistance of our Services
Content is categorized as follows:
Your Content – Content submitted by you (as a Fan or Creator) through the platform.
Member Content – Content provided by other users, whether Fans, Creators, or support personnel.
Our Content – Platform-owned or licensed content, including interface designs, code, trademarks, and promotional assets.
4.2. Your Content
You are solely responsible for Your Content. This includes any content you upload, submit, send, or otherwise provide through the Services, such as in your profile, Creator description, or direct interactions with other users.
Your Content may include, but is not limited to, text, voice recordings, images, and video files. All such content is subject to these Terms of Use, regardless of its format or delivery method.
Do not post, send, or share any content that you would not want others to see, that violates these Terms, or that could expose you or The DMs to legal liability. You represent and warrant that you own or have the necessary rights, licenses, and permissions to share Your Content.
By submitting Your Content, you grant The DMs a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content solely in connection with the operation, promotion, and improvement of the Services.
You acknowledge and agree that:
Your Content may be visible to other users depending on your settings and the functionality of the Service;
Any personal information you include in Your Content is shared at your own risk;
The DMs reserves the right, but not the obligation, to monitor, review, remove, edit, restrict, or delete Your Content at any time and for any reason, at its sole discretion.
Prohibited Content includes, but is not limited to:
Sexual, pornographic, or sexually suggestive material;
Violence, threats, or depictions of harm to people or animals;
Hate speech or discriminatory content based on race, gender, religion, nationality, disability, or sexual orientation;
Illegal activity, including but not limited to drugs, fraud, weapons, or exploitation;
Any third-party copyrighted material without authorization;
Personal or sensitive information such as full names, addresses, phone numbers, emails, banking details, or links to external services.
You agree to indemnify, defend, release, and hold harmless The DMs from any claims, liabilities, damages, or losses related to Your Content.
4.3. Member Content
While you may access content shared by other users, you acknowledge that such Member Content remains the property of its original author and is made available solely through our Services.
You may not:
Copy, download, redistribute, or publish Member Content outside the platform;
Use Member Content for commercial, advertising, or unauthorized promotional purposes;
Harass, stalk, exploit, or otherwise misuse content shared by other members;
Store or share Member Content in ways that breach privacy or applicable laws.
Unauthorized use of Member Content may result in suspension or termination of your account.
4.4. Our Content
All content provided by The DMs—excluding Your Content and Member Content—is either owned by or licensed to us and protected by applicable copyright, trademark, and intellectual property laws.
This includes (but is not limited to):
Platform design, branding, visual elements, and interface;
Code, software, and back-end systems;
Logos, graphics, icons, and text;
Official promotional material.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Our Content solely for lawful and intended use of the Services. Any other use, including modification, copying, resale, or redistribution, is strictly prohibited without our prior written consent.
4.5. Prohibited Content and Conduct
The DMs enforces a zero-tolerance policy regarding prohibited content and abusive behavior. The following are expressly prohibited:
Uploading or sharing offensive, explicit, fraudulent, or illegal content;
Attempting to exploit, impersonate, or deceive other users;
Soliciting external payments or directing users outside the platform;
Using the platform to coordinate or promote prohibited commercial activities
Content generated using artificial intelligence for the purpose of impersonation, deception, or manipulation (e.g., deepfakes)
Content making unsubstantiated health claims, or promoting unsafe medical advice or supplements
We encourage users to report violations through the in-app reporting tools or by contacting Support. You may also block users to prevent further contact. The DMs reserves the right to take any enforcement action, including content removal, warnings, account suspension, or permanent bans, without prior notice.
4.6. Disclaimer and Risk Acknowledgment
While we strive to maintain a safe environment, The DMs is not liable for content posted by users. By using the platform, you acknowledge:
Content may be visible to other users;
We do not guarantee the accuracy, authenticity, or legality of any user-submitted content;
You use and engage with content and other users at your own risk.
4.7 Reporting and Blocking
The DMs provides in-app tools for blocking and reporting users who violate these Terms. You may block users to prevent them from contacting you further. You may also report inappropriate or abusive behavior, prohibited content, or suspected violations.
All reports are reviewed by our moderation team, and appropriate actions may be taken, including content removal, warnings, temporary suspensions, or permanent account bans.
5. PRIVACY
We take your privacy seriously and are committed to protecting your personal information. When you use The DMs, certain personal data may be collected, stored, and processed — including but not limited to account details, communication history, device identifiers, and usage data.
For full details on what data we collect, how it’s used, your rights, and how you can exercise control over your information, please refer to our Privacy Policy.
By accessing or using the Services, you acknowledge and agree that your personal information may be processed in accordance with the Privacy Policy, including for purposes such as account management, fraud prevention, user support, and improving the platform.
6. RIGHTS YOU ARE GRANTED BY THE DMS
License to Use the Services
Subject to your ongoing compliance with these Terms, The DMs grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, royalty-free, and revocable license to access and use the Services solely for their intended purpose and in accordance with these Terms and all applicable laws.
This license does not grant you any ownership rights in the Services.
The license — along with any related authorization to access or use the platform — will be automatically revoked if you violate any part of this Agreement.
7. RIGHTS YOU GRANT THE DMS
Ownership of Content and License Granted to The DMs
You retain full ownership of all content that you submit, upload, or otherwise make available through the Services (“Your Content”).
However, by creating an account and using the Services, you grant The DMs a worldwide, perpetual, transferable, sub-licensable, royalty-free, and non-exclusive license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into derivative works, promote, distribute, and otherwise make Your Content available as needed for the operation, development, and promotion of the Services.
This license is non-exclusive with respect to Your Content, except that The DMs shall have an exclusive license to any derivative works created by or through the use of the Services.
You further acknowledge and agree that The DMs may access, preserve, and disclose your account information and Your Content when required to do so by law, or when such action is reasonably necessary to:
(i) comply with legal obligations or regulatory processes;
(ii) enforce these Terms;
(iii) respond to claims of content infringing third-party rights;
(iv) respond to your support requests;
(v) protect the rights, property, or personal safety of The DMs, its users, or the public; or
(vi) investigate and address fraud, abuse, security threats, or other violations of law or these Terms.
8. DM Coin – Internal Currency
8.1. Definition and Nature of DM Coin
DM Coin (also appearing as: DMC, DMc, DM Coins) is a digital accounting unit used exclusively within The DMs mobile application. It is not a fiat currency, cryptocurrency, or any form of legal tender and holds no monetary value outside the platform. DM Coins cannot be traded, transferred, or used beyond the application environment.
8.2. Purchase of DM Coin
DM Coins can only be purchased outside the mobile application via an external website operated by The DMs, accessible exclusively to users of The DMs application. Upon purchase, DM Coins are credited to the user’s (Fan’s) account. DM Coins are not available for purchase through the mobile app itself. The application itself does not include any direct call-to-action or references to purchasing DM Coins.
8.3. Use of DM Coin
DM Coins may be used solely for accessing certain features within the app, primarily for sending messages to Creators. When a message is sent, the specified number of DM Coins is pre-authorized and held. If the Creator responds within 24 hours, the DM Coins are irrevocably transferred to the Creator. If no response is received within that time, the DM Coins are returned to the Fan’s account.
Fans may also voluntarily tip Creators using DM Coins. Tips are non-refundable and do not obligate the Creator to render any service.
8.4. Withdrawal of DM Coins by Creators
8.4.1. Exchange to USD
Creators may request conversion of accumulated DM Coins into U.S. Dollars (USD). The exchange rate is fixed at 1 DM Coin = $1 USD. Payouts are subject to identity and tax verification as required by applicable law and The DMs’ internal policies.
8.4.2. Payout Procedures
Withdrawals are processed via standard bank transfer to the Creator’s designated account. Processing times may vary depending on the Creator’s location, banking institution, and third-party payment processor policies. Any applicable transaction fees are determined by external providers. The DMs is not responsible for such fees. Withdrawals are only processed for balances of $20 USD or more. Verification under AML and CFT regulations may be required.
8.5. DM Coin Pricing and Valuation
8.5.1. Coin Packages and Pricing
DM Coins are sold in predefined packages (e.g., 10, 50, 100) priced in USD. Purchase transactions take place via the external platform using available payment methods listed there.
8.5.2. Price Changes
The DMs reserves the right to change DM Coin pricing at any time. Price changes become effective upon publication and are not retroactive.
8.5.3. Creator Account Valuation
DM Coins received by Creators are displayed in their dashboards as converted USD balances for informational and operational purposes only.
8.6. Validity and Expiration of DM Coins
8.6.1. Validity Period
DM Coins remain valid as long as the user’s account is active.
8.6.2. Refund Policy
DM Coins are non-refundable and cannot be exchanged for money unless required by applicable law.
8.6.3. Account Termination
Upon account termination (voluntary or otherwise), all remaining DM Coins are permanently forfeited, unless otherwise required by law.
8.6.4. Inactivity Clause
The DMs may restrict or deactivate DM Coins in accounts inactive for 12 months or more, with at least 30 days’ prior notice.
8.6.5. Acknowledgment of Nature
Users acknowledge that DM Coins are loyalty tokens, not legal tender, securities, or financial instruments.
8.7. Taxes and Financial Reporting
8.7.1. Classification as Digital Goods
DM Coins are classified as digital goods and may be subject to sales tax under certain jurisdictions.
8.7.2. Tax Collection
Any applicable sales tax is calculated and added at checkout, based on the user’s location or billing details.
8.7.3. User Responsibility
Users are responsible for local tax obligations unless taxes are collected at the point of sale.
8.7.4. Creator Income Reporting
Earnings from DM Coins may be considered taxable income. If applicable thresholds are met, The DMs may issue IRS Form 1099-NEC.
8.7.5. Tax Information Requirement
Creators are solely responsible for providing necessary tax information (e.g., SSN/TIN). Failure to do so may result in delayed or withheld payouts.
8.8. Claims and Dispute Resolution
8.8.1. Filing Complaints
Complaints must be submitted through The DMs contact form or via email at [hello@thedms.app].
8.8.2. Resolution Timeline
Complaints will be reviewed within 14 business days unless required otherwise by law.
8.8.3. Documentation Requirement
The DMs may request additional documentation to evaluate the claim. Incomplete or unsubstantiated complaints may be denied.
8.8.4. Discretionary Remedies
If a complaint is validated, The DMs may offer remedies at its sole discretion, including reinstatement of DM Coins or account access.
8.9. Limitations and Prohibited Uses
DM Coins may not be:
Transferred to other users except through app-approved mechanisms;
Exchanged for external currencies outside official withdrawal methods;
Used for speculation, investment, or any unauthorized financial activity.
8.10. Account Suspension and Termination
8.10.1. Right to Restrict Access
The DMs may suspend or permanently terminate user accounts for violations of Terms of Service, Community Guidelines, or applicable law.
8.10.2. Grounds for Suspension/Termination
Including but not limited to:
Violation of platform terms,
Unlawful content,
Attempted fraud or chargebacks,
Abuse of DM Coins,
Inaccurate or missing identity/tax information,
Suspicion of illegal or money-laundering activity.
8.10.3. Consequences of Termination
Upon termination, all remaining DM Coins are forfeited, unless otherwise required by law.
8.10.4. Reinstatement Requests
Users may request reinstatement via email with supporting documentation. The DMs is not obligated to restore access or DM Coin balances.
8.11. Chargebacks and Refunds
8.11.1. No Refund Policy
All DM Coin purchases are final and non-refundable unless required by consumer protection law. Users understand that DM Coins have no value outside the platform.
8.11.2. Unauthorized Reversals
Initiating a chargeback or unauthorized payment reversal may result in account suspension or termination.
8.11.3. Reversal Outcomes
If a chargeback is resolved in The DMs’ favor, users must contact support for potential account reactivation. The DMs reserves the right not to reinstate any voided Coins or access.
8.12. Modifications to DM Coin System
8.12.1. Right to Modify
The DMs reserves the right to manage, modify, or discontinue any aspect of the DM Coin system at its sole discretion. Where practical, users will be notified in advance of significant changes.
8.12.2. No Liability
The DMs is not liable for any impact such modifications may have on the usability or perceived value of DM Coins.
8.13. License Nature of DM Coins
8.13.1. Limited License Grant
Users are granted a limited, revocable, non-transferable license to use DM Coins within The DMs app functionalities only.
8.13.2. No Ownership Rights
Ownership of all DM Coins remains with The DMs. Users hold no monetary or proprietary claim to them.
8.13.3. Revocation and Expiration
This license may be suspended or terminated in accordance with these Terms, especially in cases of misuse or account closure.
9. ACCOUNT TERMINATION
Account Termination and Its Consequences
You may choose to discontinue use of the Services at any time by logging into the application, navigating to the “Settings” section, selecting “Delete Account,” and completing the deletion process as instructed.
Mobbyn INC., operating The DMs, reserves the right to investigate any suspected breach of these Terms or misuse of the Services, and may, at its sole discretion, suspend or permanently terminate your account—without issuing any refund—if it determines that you have violated these Terms, engaged in misuse of the Services, or acted in a manner deemed inappropriate or unlawful, whether within or outside the scope of the Services.
We retain the right to enforce these Terms through any lawful, technical, or other means available, including restricting your access to the Services, at any time, without liability and without prior notice.
If your account is terminated—either by your action or by Mobbyn INC., operating The DMs—these Terms shall survive and continue to govern the relationship between you and Mobbyn INC., operating The DMs. You will not be entitled to any reimbursement or refund for any purchases made before termination. Any data or personal information associated with your account will be retained and disposed of in accordance with our Privacy Policy.
10. DISCLAIMER
The DMs Services Are Provided Without Warranties and on an “As Is” Basis.
The DMs makes the Services available to you on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, The DMs disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.
The DMs does not guarantee that:
(a) the Services will operate without interruption, be secure, or be free from errors;
(b) any defects or issues in the Services will be identified or corrected; or
(c) any content or information accessed through the Services will be accurate, complete, up to date, or suitable for your intended use.
Furthermore, The DMs makes no assurances regarding the number of users active on the platform at any given time, nor the willingness or ability of users to interact.
You acknowledge and agree that The DMs bears no responsibility for any content you or other users transmit, receive, or act upon through the Services. Additionally, The DMs does not verify or warrant the identity, intent, legitimacy, or accuracy of any users with whom you may engage.
Any content or materials downloaded or otherwise obtained through your use of the Services are accessed at your own discretion and risk. The DMs shall not be held liable for any damage to your devices, software, or technology, including, without limitation, damages resulting from security breaches, viruses, bugs, tampering, hacking, fraud, operational failures, interruptions, transmission errors, or other technical malfunctions or disturbances.
11. LIMITATION OF LIABILITY
To the maximum extent permitted under applicable law, Mobbyn INC., operating The DMs, including its employees, licensors, and service providers, shall not be liable for any indirect, incidental, consequential, exemplary, punitive, special, fixed, or enhanced damages. This includes, without limitation, any loss of profits (whether direct or indirect), data, usage, goodwill, or other intangible losses arising out of or relating to:
(i) your access to, use of, or inability to access or use the Services;
(ii) the conduct or content of other users or third parties on, through, or in connection with the Services or affiliated platforms; or
(iii) any unauthorized access to, use of, or alteration of your content, regardless of whether Mobbyn INC., operating The Dms, was advised of the possibility of such damages.
Except where prohibited by law, the total cumulative liability of Mobbyn INC., operating The DMs, to you for any and all claims arising out of or relating to the use of the Services shall not exceed the greater of:
(A) one hundred U.S. dollars (USD $100); or
(B) the total amount you have paid to Mobbyn INC., operating The DMs, for use of the Services in the twenty-four (24) months immediately preceding the initiation of a legal proceeding—whether through litigation, arbitration, or any other dispute resolution forum—regardless of the legal theory (contract, tort, statute, equity, or otherwise) on which such claim is based.
These limitations shall apply irrespective of the nature of the alleged breach or failure of essential purpose of any limited remedy provided herein.
12. DISPUTE RESOLUTION SECTION
12.1 Informal Resolution Process
If you are dissatisfied with our Services or have a legal concern, you agree to first contact us to attempt to resolve the issue informally. You may reach us at:
hello@the-dms.app
Mobbyn INC. C-Corporation
1111B S Governors Ave STE 34624
Dover, DE 19904
United States.
Before initiating formal legal action, both parties agree to attempt to resolve any disagreement through good faith negotiations. This informal resolution period lasts 60 days from the date a written notice is received by the other party.
A valid notice ("Notice") must include:
Your full legal name and username;
A detailed description of the dispute and the relief sought;
An estimate of any claimed damages;
Your personal signature.
Mobbyn INC., operating The DMs, will send its Notice to your email address associated with your account. If either party fails to comply with this informal resolution requirement before filing arbitration or a small claims court case, it will constitute a breach of these Terms, and any arbitration filing may be administratively closed.
Tolling of deadlines: Any deadlines under the statute of limitations or arbitration rules are paused during this informal resolution process.
12.2 Individual Arbitration & Waiver of Class Actions and Jury Trial
To the fullest extent permitted by applicable law, you and Mobbyn INC., operating The DMs, agree:
To resolve disputes only on an individual basis;
To waive any right to jury trial or participation in a class action, mass action, or collective proceeding.
This means you may not join your claim with others, and arbitrations or lawsuits must be conducted solely between you and Mobbyn INC..
An arbitrator may award the same remedies as a court, including injunctive or declaratory relief, but only in favor of the individual party. Any relief will apply only to your individual claim and not to others.
If a court rules that a waiver of class or representative claims is unenforceable, that specific claim must be heard in court, not arbitration. All other claims will proceed in arbitration.
12.3 Arbitration or Small Claims Court
If the dispute is not resolved through informal means, it will be resolved either through:
Binding, individual arbitration, or
Small claims court, if your claim qualifies under the rules of that court.
Arbitration shall be administered by National Arbitration and Mediation (NAM) under its applicable rules, subject to the modifications in this Agreement. If NAM is unavailable, both parties will select a substitute arbitration provider. If you proceed in small claims court before an arbitrator is appointed, the arbitration process will be paused or closed.
Arbitration decisions are final and binding for the parties involved but have no precedential effect on other users or disputes.
If arbitration becomes unenforceable for any reason, legal proceedings must be brought exclusively in state or federal courts located in Delaware, and you consent to that jurisdiction.
12.4 Arbitration Procedure
To start arbitration, you must submit a Demand for Arbitration to NAM and send a copy to:
Mobbyn INC., C-Corporation
1111B S Governors Ave STE 34624
Dover, DE 19904
United States
or hello@the-dms.app
Arbitration will be conducted by a single neutral arbitrator. If requested, the hearing will occur near your place of residence, or virtually if agreed.
Each party may:
Serve up to 5 discovery requests and 5 interrogatories;
File dispositive motions under NAM rules;
Request a hearing or resolve the matter through written submissions.
The arbitrator will:
Issue a reasoned decision within 30 days of the hearing;
Award attorney fees or costs only as permitted under law or if claims are frivolous.
Confidentiality: All arbitration proceedings, filings, and communications are confidential, except as required for enforcement.
12.5 Mass Arbitration Protocol
If 25 or more similar arbitration claims are filed by or through coordinated legal counsel, these may be subject to NAM’s Mass Filing Rules. A bellwether process will be followed, beginning with 30 selected cases and proceeding in rounds if unresolved claims remain.
Both parties commit to engaging in good faith mediation after each round and to cooperating with NAM to ensure an efficient process. Filing fees for claims in the mass arbitration group are only due when a claim is selected to proceed.
Deadlines are paused (tolled) from the start of the informal dispute process until the claim is selected for individual adjudication.
12.6 Changes to Dispute Resolution Terms
This Dispute Resolution section applies to all disputes, including those that arose before your acceptance of this version of the Terms. You may opt out of the retroactive application of this section by emailing us within 30 days of accepting these Terms:
hello@the-dms.app
Your opt-out email must include
Your full name and username;
A clear statement that you are opting out of the retroactive application of the Dispute Resolution section.
Note: Opting out affects only disputes that existed before you accepted these Terms. All future disputes remain subject to these rules.
13. GOVERNING LAW
This Agreement and any dispute arising between you and Mobbyn INC., the company operating The DMs, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. The United States Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions set forth in these Terms. Where not prohibited by applicable law, you agree that Delaware law will apply to any claim, regardless of your location.
14. INDEMNITY BY YOU
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mobbyn INC., operating The DMs, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, demands, complaints, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your access to or use of the Services;
(b) any content or information you submit, post, or transmit through the Services;
(c) your interactions with other users; or
(d) your breach of this Agreement or violation of any applicable law or the rights of any third party.
15. ACCEPTANCE OF TERMS
By accessing or using The DMs Services on any platform—including but not limited to mobile devices, applications, or desktop computers—you confirm that you have read, understood, and agree to be legally bound by (i) the then-current version of these Terms of Use, and (ii) our Privacy Policy, both of which may be updated from time to time. If you do not agree to these Terms in full, you may not access or use the Services.
16. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mobbyn INC., operating The DMs, regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, or understandings—whether oral or written—between you and Mobbyn INC., operating The DMs.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Mobbyn INC., operating The DMs, to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Your account with Mobbyn INC., operating The DMs, is personal and non-transferable. Upon your death, your rights and access to the account will terminate unless otherwise required by law. Any rights or licenses granted to you under these Terms may not be transferred or assigned by you, but may be freely assigned or transferred by Mobbyn INC., operating The DMs.
These Terms do not create any partnership, joint venture, agency, fiduciary, or employment relationship between you and Mobbyn INC., operating The DMs, and you may not make any representations or commitments on behalf of Mobbyn INC., operating The DMs.