Terms of Service

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Last Updated: December 14, 2025

1. Accounts and Registration

To use certain features of the Service, you must register for an account. By registering, you agree to:

Provide accurate, current, and complete information about yourself and your organization.
Maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide.
Immediately notify us if you discover or otherwise suspect any security breaches related to the Service.

You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms.

2. Subscriptions and Payments

2.1 Free Trial: We may offer a free trial period for the Service. You are not required to enter payment information to start a free trial. At the end of the trial, you must choose a paid plan to continue using premium features.

2.2 Fees and Billing: The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select.

2.3 Automatic Renewal: Your Subscription will automatically renew at the end of each billing cycle unless you cancel it through your account management page or by contacting our customer support team prior to the renewal date.

2.4 Price Changes: We reserve the right to change our pricing at any time. Any price changes will be communicated to you in advance and will take effect at the start of the next billing cycle.

2.5 Refunds: We offer a 14-day money-back guarantee for first-time subscribers. Beyond this period, refunds are generally not provided for partial months or unused services, except where required by applicable law.

2.6 Beta Services: From time to time, we may invite you to try Beta Services at no charge. You may accept or decline any such trial in your sole discretion. Beta Services are for evaluation purposes and not for production use, are not considered "Services" under this Agreement, are not supported, and may be subject to additional terms.

3. User Content and Feedback

3.1 Ownership: You retain full ownership of all data, files, text, and other content that you upload, store, or transmit via the Service ("User Content"). We do not claim ownership of your User Content.

3.2 License to Host: By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that content solely as required for the purpose of providing the Service to you.

3.3 Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you assign all rights in such Feedback to us and agree that we have the right to use such Feedback and related information in any manner it deems appropriate without any compensation to you.

3.4 User Responsibility for Store Content: You acknowledge and agree that you are solely responsible for all content, products, images, and materials ("Store Content") that you upload, post, sell, or display on your store using the Service. You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all Store Content; and (b) your Store Content does not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Mercozy acts merely as a passive conduit for your online distribution and publication of your Store Content and has no obligation to screen or monitor User Content.

3.5 Indemnification: You agree to defend, indemnify, and hold harmless Mercozy (the Developer) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Store Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

3.6 Release: In the event that you have a dispute with one or more users (including your customers), you release Mercozy (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.7 Data Backup: You are responsible for maintaining your own backups of your Store Content and User Data. We do not guarantee that there will be no loss or corruption of data. We will not be liable for any loss or destruction of your data.

4. Acceptable Use Policy (AUP)

You agree not to misuse the Service. Specifically, you agree NOT to:

Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
Violate or encourage others to violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
Upload or display content that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive.
Interfere with security-related features of the Service or perform any fraudulent activity.
Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.

5. API Usage

If you access the Service via our API, you are responsible for maintaining the security of your API keys. We reserve the right to implement rate limiting or other controls to prevent abuse. Excessive usage that impacts the stability of the Service for other users may result in temporary or permanent suspension of your API access.

6. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Mercozy and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

7. Copyright Policy (DMCA)

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

7.1 DMCA Notice: If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to our Copyright Agent at support@mercozy.com and include the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Service (e.g., URL).
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

7.2 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MERCOZY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK.

10. Limitation of Liability

IN NO EVENT SHALL MERCOZY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS.

11. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

12. Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Mercozy. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mercozy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

13. Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction where the Developer resides, without regard to its conflict of law provisions.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

16. Privacy Policy

Your use of the Service is also subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and share information about you.

17. Dispute Resolution

17.1 Informal Resolution: Before filing a claim against Mercozy, you agree to try to resolve the dispute informally by contacting us at support@mercozy.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Mercozy may bring a formal proceeding.

17.2 Arbitration: Any dispute arising from or relating to these Terms or the Service shall be finally resolved by binding arbitration. The arbitration shall be conducted on a confidential basis. You and Mercozy agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Mercozy concerning the Service. These Terms supersede any prior agreements or communications between you and Mercozy regarding the subject matter hereof.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mercozy.

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

22. Data After Termination

Upon termination of your account, we will delete or anonymize your personal data within 30 days, except as required to comply with legal obligations, resolve disputes, or enforce our agreements. You may request an export of your data before terminating your account by contacting us at support@mercozy.com.

23. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@mercozy.com

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