These Terms of Service ("Terms") govern your access to and use of Merlean's website at merlean.ai, our application at app.merlean.ai, and any related services (collectively, the "Services"), operated by Merlean ("we", "us", or "our"). By using the Services, you agree to be bound by these Terms.
You must be at least 16 years old, or the age of majority in your jurisdiction, to use the Services. By using the Services you represent that you meet this requirement and that you have the authority to enter into these Terms.
You agree not to use the Services to:
You retain ownership of the data and content you submit to the Services ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Your Content solely to operate and improve the Services.
When you connect a third-party integration, you authorize us to access, retrieve, and store data from that integration as needed to provide the requested functionality. You are responsible for complying with the terms of any third-party service you connect.
The Services, including all software, design, text, graphics, and trademarks (other than Your Content), are owned by Merlean or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
Certain features of the Services may be offered for a fee. Fees and billing terms will be presented at the point of purchase. Unless otherwise stated, fees are non-refundable and exclusive of taxes.
You may stop using the Services and close your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if continued provision of the Services to you becomes commercially impracticable. Upon termination, the rights and licenses granted to you will end, and we may delete Your Content in accordance with our retention policies.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MERLEAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.
You agree to indemnify and hold harmless Merlean and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party right.
We may modify the Services or these Terms from time to time. If we make material changes, we will provide notice through the Services or by email. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the jurisdiction in which Merlean is established, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of these Terms or the Services will be the courts located in that jurisdiction, except where prohibited by applicable consumer law.
These Terms constitute the entire agreement between you and Merlean regarding the Services. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms? Contact us at hello@merlean.ai.