Dynamo Terms of Service and Privacy Policy

1.1. Scope of Service. Dynamo operates marketing automation and communication optimization platforms accessible via https://www.dynamo.fyi, https://www.dynamo10x.com, https://10x.dynamo.fyi, and related applications, subdomains, and email communications (collectively, the “Service” or “Platform”).

1.2. Third-Party Platform Dependency (Meta Platforms). The Service is designed to integrate with, rely upon, and interact deeply with third-party social media and messaging platforms, specifically those operated by Meta, including but not limited to Facebook Pages, Instagram Accounts, and Facebook Messenger (collectively, “Third-Party Platforms”).

1.3. Customer Compliance with Third-Party Terms. Your use of the Service is strictly conditioned upon your compliance with all applicable terms, conditions, policies, and developer documentation of the Third-Party Platforms, including the Meta Beta Terms for Messenger Marketing Messages, Facebook Developer Policies, and Instagram Terms of Use. You acknowledge that Third-Party Platform rules change frequently. It is your sole responsibility to monitor and comply with these external policies.

Here is the minimum reading list: Tech doc / Eligible countries / Onboarding / Grow your audience / Meta Beta Terms for Messenger Marketing Messages / FAQ * please note that those publications are modified by Meta every now and then.

1.4. API Changes and Platform Disruption Disclaimer. Dynamo has no control over the uptime, policy changes, API modifications, or operational decisions made by Third-Party Platforms. Dynamo shall not be liable, and will not issue any refunds, credits, or compensation, for any service interruptions, feature deprecations, account suspensions, or losses incurred by you resulting from changes, restrictions, enforcement actions, or technical modifications implemented by Meta or any other Third-Party Platform.

2.1. Account Creation. To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. Providing false or misleading information constitutes a material breach of this Agreement and may result in immediate termination of your account.

2.2. Credentials and Security. You are solely responsible for safeguarding the credentials, passwords, or authentication tokens (including Social Network Authentication mechanisms) used to access the Service. You accept full responsibility for all activities, automated routines, and actions that occur under your account, whether authorized by you or not. You must notify Dynamo immediately at hi@dynamo.fyi upon discovering any unauthorized use of your account or security breach.

2.3. Usernames. We reserve the right to reclaim, change, or transfer usernames on behalf of businesses or individuals that hold legal claims or trademarks to those names, or if an account is deemed inactive.

3.1. Available Billing Models. Dynamo offers services under multiple commercial tracks, which may be selected via the online registration checkout or detailed in a separate signed custom order form, contract, or authorized email exchange (“Custom Agreement”). Fees are categorized under one or a combination of the following structures:

• (a) Fixed Subscription Model: Billed in advance on a recurring and periodic basis (“Billing Cycle”), typically monthly or annually.
• (b) Usage-Based (Dynamic) Pricing Model: Fees calculated dynamically based on your actual consumption and platform utilization during the preceding Billing Cycle. Usage is fundamentally calculated per “Delivered Message” dispatched or processed by the Platform on your behalf.
• (c) Hybrid Minimum Commitment Model: A usage-based model subject to a strict contractual minimum spend floor (“Minimum Monthly Fee”). If your total calculated usage fees from Delivered Messages during a billing month do not meet or exceed the designated minimum dollar amount ($X, as specified in your tier, dashboard, or Custom Agreement), you will automatically be billed and must pay the full Minimum Monthly Fee for that period.

3.2. Custom Commercial Parameters. In accordance with the Prevalence Notice of this Agreement, Dynamo and the Customer may agree in writing via email or a signed document to specialized rates, modified message definitions, or unique billing floors that are harsher or lighter than the defaults listed here. Those custom parameters shall completely overwrite this Section 3 to the extent of the agreed adjustments.

3.3. Telemetry and Measurement Source of Truth. For all Usage-Based plans, the number of Delivered Messages, transmission quantities, and data operations shall be measured, tracked, and calculated exclusively via Dynamo’s internal logging systems, server telemetry, and database analytics. Dynamo’s internal data reports shall serve as the definitive, final, and legally indisputable Source of Truth for billing purposes. Metrics from your internal dashboards, CRM, third-party trackers, or general Meta metrics shall have no bearing on fee calculations and will not be accepted for billing disputes.

3.4. Automatic Subscription Renewal. Fixed subscription components and minimum commitment plans automatically renew at the conclusion of each Billing Cycle under identical terms unless: (a) you terminate or modify your plan within your account settings or notify our support team in writing prior to the renewal date, or (b) Dynamo provides you with notice of non-renewal.

3.5. Approved Payment Methods. Dynamo accepts payments via Credit Card, at Dynamo’s sole discretion, or Bank Wire Transfer, subject to the following rules:

• (a) Credit Card Accounts: You must maintain valid, unexpired credit card details on file. You authorize Dynamo to automatically charge all recurring subscriptions, dynamic usage fees, minimum fees, and applicable taxes directly to your payment instrument immediately at the close of each billing window or upon reaching specified usage thresholds.
• (b) Bank Wire Transfer Accounts: Where Dynamo has approved bank wiring terms (either via the system interface, explicit email confirmation, or signed Order Form), invoices will be issued electronically to your registered billing email address.

3.6. Mandatory Bank Wire Compliance and Fee Allocations. If paying via Bank Wire Transfer, you must comply with the following absolute conditions:

• (a) Payment Window: All wire invoices must be paid in full and settled within fourteen (14) calendar days from the invoice issuance date (Net 14), unless an alternative payment window is explicitly granted in writing by an authorized Dynamo representative.
• (b) Customer Assumption of Wire Fees: You are entirely responsible for any and all intermediary bank processing fees, routing charges, currency conversion spreads, and incoming/outgoing wire penalties. The exact net amount stated on Dynamo’s invoice must arrive in Dynamo’s bank account clear of all deductions. Any shortfall caused by bank fees will remain an outstanding debt on your account.

3.7. Price Modifications. Dynamo reserves the right to modify pricing schedules, per-message rates, subscription tiers, and minimum commitment floors at any time. For active ongoing contracts, adjustments will take effect upon the next renewal cycle or billing month. We will provide you with at least thirty (30) days’ advance notice of any material pricing alterations. Continued use of the platform after the modification takes effect constitutes irrevocable acceptance of the new rates.

3.8. Failed Payments, Delinquency, and Acceleration. If a credit card charge fails or a bank wire transfer is not finalized within the mandated timeframe:

• (a) Dynamo may apply late payment interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) calculated daily from the date the payment was due until fully settled.
• (b) Dynamo reserves the right, at its absolute discretion and without prior warning, to immediately suspend your access to the Service, pause your automated messaging campaigns, and freeze your data integrations. Dynamo shall not be liable for any disruption to your business or Meta account penalties resulting from suspension due to non-payment.
• (c) All outstanding fees for the remainder of your commitment term shall accelerate and become immediately due and payable.

3.9. Refunds. All fees paid to Dynamo — including subscription fees, usage charges, minimum commitments, and prepaid credits — are strictly non-refundable.

4.1. Evaluation Period. Dynamo may, at its sole discretion, offer a trial subscription without charge for a limited period of time (“Free Trial”).

4.2. Conversion to Paid Subscription. You may be required to input valid billing information to initiate a Free Trial. If you provide billing details, you will not be charged during the trial period. On the final day of the Free Trial, unless you have explicitly cancelled your subscription, the applicable subscription fees, rates, or minimum commitment charges will be automatically processed.

5.1. Customer Content and Inputs. Our Service allows you to upload, input, transmit, post, comment, react, link, store, and otherwise distribute data, text, graphics, videos, or other materials (“Inputs” or “Content”). You retain exclusive ownership of all intellectual property rights in your Inputs. You are solely responsible for the legality, accuracy, reliability, and appropriateness of all Content processed through your account.

5.2. License Grant to Dynamo. By submitting, posting, or uploading Content or Inputs to the Platform, you grant Dynamo a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to host, use, modify, process, copy, reproduce, distribute, and display such Content solely to provide, support, maintain, protect, and optimize the Services for your benefit.

5.3. Platform Improvements and Machine Learning. Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that Dynamo may use anonymized, de-identified, and aggregated data derived from your use of the platform, Inputs, and interactions to train, optimize, validate, and improve our machine learning models, artificial intelligence systems, security protocols, and operational analytics. Dynamo will not disclose your un-anonymized Content or identifiable personal data to third parties for model training.

5.4. Customer Representations and Warranties. You represent and warrant that:

• (a) You own the Content or possess all necessary legal rights, licenses, consents, and permissions to use and authorize Dynamo to use the Content as set forth herein; and
• (b) The deployment, automated transmission, or display of your Content via the Service does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, trade secrets, or any other proprietary rights of any third party.

5.5. Content Moderation. Dynamo reserves the absolute right, but does not assume the obligation, to monitor, block, filter, edit, or remove any Content or communication from the Platform at any time if we determine, in our sole discretion, that such material is abusive, defamatory, obscene, fraudulent, deceptive, violative of third-party intellectual property, or otherwise unacceptable. Dynamo acts as a passive technological conduit for user-generated communications and disclaims all liability arising from customer-driven messaging campaigns.

6.1. Dynamo Ownership. The Service, Platform, software, underlying algorithms, user interfaces, branding, logos, trademarks, database architectures, and all content created or generated by Dynamo (excluding Customer Inputs) are and shall remain the exclusive property of Dynamo Tech Ltd. and its licensors.

6.2. Restrictions on Use. You are granted a limited, revocable, non-transferable, non-sublicensable right to access and use the Platform during your active subscription or usage term. You shall not, and shall not permit any third party to: (a) reverse engineer, decompile, or disassemble the Platform; (b) copy, modify, adapt, or create derivative works of the Service; (c) remove any proprietary notices, watermarks, or copyright marks; or (d) use the Service to build a competitive product or service.

7.1. Termination for Cause. Dynamo reserves the right to terminate or suspend your access to the Service immediately, without prior notice or liability, if you violate any provision of this Agreement, fail to pay fees when due, or engage in activity that threatens the technical stability or legal standing of the Platform.

7.2. Effect of Termination. Upon termination of your account, your right to utilize the Service ceases immediately. Provisions governing intellectual property ownership, fee collections, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution shall survive any termination or expiration of this Agreement.

8.1. Customer Indemnity. You agree to indemnify, defend, and hold harmless Dynamo Tech Ltd., its parent companies, affiliates, subsidiaries, and their respective directors, officers, employees, contractors, agents, suppliers, and licensors from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, or obligations (including reasonable legal and accounting fees) arising out of or resulting from:

• (a) Your access to and use of the Service;
• (b) Your breach or alleged breach of any term, representation, or warranty contained within this Agreement;
• (c) Any automated messaging campaign, text, content, or media uploaded, distributed, or transmitted through your account;
• (d) Your violation of any Third-Party Platform rules, APIs, or terms of service; and
• (e) Any negligent, fraudulent, or illegal conduct executed via your user credentials.

9.1. Exclusion of Damages. To the maximum extent permitted by applicable law, Dynamo, its directors, employees, partners, agents, or affiliates shall not under any circumstances be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes, without limitation, loss of profits, loss of data, loss of revenue, loss of goodwill, business interruption, system downtime, or other intangible losses resulting from:

• (a) Your use of or inability to access or use the Service;
• (b) The conduct, content, or API changes of any third party (including Meta Platforms);
• (c) Unauthorized access, alteration, or theft of your data, transmissions, or account credentials; and
• (d) Technical malfunctions, code defects, or algorithmic errors within the Platform.

9.2. Liability Cap. In no event shall Dynamo’s aggregate liability for all claims arising out of or related to this Agreement exceed the total monetary amount actually paid by you to Dynamo for the specific services during the twelve (12) month period immediately preceding the event giving rise to the liability.

10.1. “As-Is” Delivery. The Service is provided to you on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

10.2. Disclaimer. Dynamo explicitly disclaims all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, course of performance, or uninterrupted error-free operation. We make no representations or guarantees that the automated features, artificial intelligence models, or communication algorithms will achieve specific conversion rates, business growth, or regulatory compliance metrics for your enterprise.

11.1. Venue and Law. This Agreement, its interpretation, performance, and any disputes arising directly or indirectly from it shall be governed exclusively by the laws of the State of Israel, without giving effect to any principles of conflicts of law.

11.2. Forum. The competent courts located within the District of Tel Aviv-Jaffa, Israel, shall possess sole and exclusive jurisdiction over any legal proceeding or litigation arising under or related to this Agreement.

12.1. Non-Waiver. Dynamo’s failure or delay to enforce any right or provision of these Terms shall not be construed as a waiver of those rights or future enforcement.

12.2. Severability. If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid clause shall be modified to the minimum extent necessary to make it legally binding and aligned with the original commercial intent.

12.3. Entire Agreement and Order of Precedence. This Agreement, along with the integrated Privacy Policy, represents the entire baseline agreement between Dynamo and the Customer. However, in the event of an explicit conflict between these generic Terms and any auxiliary written contract, signed order form, or formal email agreement exchanged and confirmed by authorized representatives of both parties, the order of structural precedence shall be:

Personal Data: Any information relating to an identified or identifiable natural person.

Usage Data: Diagnostic, technical, and analytical data generated automatically by your interactions with the Platform infrastructure.

Data Controller: The entity which determines the purposes and means of processing personal data. For system account registration and corporate billing, Dynamo acts as a Data Controller.

Data Processor: The entity processing personal data on behalf of a Data Controller. When processing customer-owned contact databases, end-user DMs, and target audience data pulled via Meta APIs, Dynamo acts as a Data Processor, and the Customer acts as the Data Controller.

3.1. Voluntarily Provided Personal Data. When you create an account, purchase plans, provide wire transfer banking details, or communicate with us, we collect:

• First name and last name
• Corporate email address and telephone numbers
• Billing addresses, corporate banking entity names, and transactional data
• Social Network Authentication tokens and account metadata when linking Meta properties.

3.2. Usage and Diagnostic Data. We automatically track system telemetry whenever the Platform is accessed. This includes your Internet Protocol (IP) address, browser configuration, operating system profiles, device identifiers, time-stamped page views, unique session tokens, and interface interactions.

3.3. Tracking and Cookies Data. We use cookies, web beacons, and analytical scripts to authenticate users, store account preferences, and safeguard platform security. You may configure your browser to reject cookies, though doing so may disable vital functionalities of the Service.