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The thing to remember here is that the replies are being crafted by a human. It's a very sensible thing to do.

If you were to use the same procedure but send the replies off using a bot and the API, then I believe that it would be against the Twitter ToS.

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It was what I originally was planning on doing but felt that a personal response would be better than a bot. During the hours of 3am - 9am I do set it up to be auto replies but there's not much traffic anyways. There are similar Twitter bots that do this and I've spoken to someone from Twitter about a grey of the ToS area I might be able to work in.

If there isn't that much traffic between 3am and 9am, then why is it worth it to spam during those hours?

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