Acceptance of Terms
By accessing or using the Merkanthub platform and services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Services.
Description of Service
Merkanthub is an e-commerce management platform designed for agencies and their client stores. The platform provides analytics, integrations with third-party services, AI-driven insights, and operational tools to help manage and optimize e-commerce operations. Agencies create organizations and invite team members, who may manage one or more client stores through the platform.
Account Registration and Security
To use the Services, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately if you suspect unauthorized access to your account.
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for unauthorized purposes.
Subscription and Payment
Certain features of the Services require a paid subscription. Subscription fees are billed in advance on a recurring basis (monthly or annually) as selected at the time of purchase. All fees are non-refundable except as required by applicable law or as explicitly stated in our refund policy.
We may change our pricing with 30 days advance notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.
Acceptable Use
Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use the Services in any manner that violates applicable laws, infringes on the rights of others, or is harmful, fraudulent, or deceptive.
Intellectual Property
The Services and all associated intellectual property (including software, design, trademarks, and content created by Merkanthub) are and remain the property of Merkanthub, Inc. We grant you a limited, non-exclusive, non-transferable license to use the Services for your business purposes in accordance with these Terms.
You retain all rights to the data you upload or generate through the Services. By using the Services, you grant Merkanthub a limited license to process your data solely to provide the Services to you.
Third-Party Integrations
The Services allow you to connect with third-party platforms, including e-commerce platforms (e.g., Shopify, VTEX), Google services (Analytics, Ads, Drive, Calendar, Docs, Sheets, Search Console), Meta platforms (Ads, Business Manager), advertising platforms (e.g., TikTok Ads), email marketing platforms (e.g., Klaviyo), and custom integrations. When you enable a third-party integration:
- You authorize Merkanthub to access and process data from that service as described in our Privacy Policy and Google API Usage Disclosure.
- You are responsible for ensuring you have the necessary rights and permissions to share data from those third-party services.
- Third-party services are governed by their own terms and conditions, which you should review independently.
We may add support for additional third-party platforms over time. When you connect a new integration, your use of that integration is subject to these Terms and our Privacy Policy. You are responsible for reviewing and complying with the third party's own terms of service.
For advertising platform integrations (including Meta Ads and Google Ads), data from one organization's ad accounts is strictly isolated and is never used to benefit, inform, or optimize another organization's campaigns. This data isolation applies to all advertising data accessed through the Services.
AI-Powered Features
The Services include AI-powered features that use artificial intelligence agents, powered by third-party large language model providers, to analyze data from your connected integrations and generate insights, recommendations, and automated actions. Regarding AI-powered features:
- AI-generated outputs are informational and advisory. You are solely responsible for decisions and actions taken based on AI recommendations.
- Merkanthub does not guarantee the accuracy, completeness, or suitability of AI-generated content for any particular purpose.
- Data sent to AI providers is governed by our Privacy Policy and subject to data processing agreements that prohibit use of your data for model training.
- You can disable AI-powered features at any time through the platform settings.
Data Processing
If you are an agency processing personal data of your clients through the Services, our Data Processing Agreement governs the processing of that data. The DPA is incorporated into these Terms by reference and is available on our Legal page.
Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MERKANTHUB DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERKANTHUB'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MERKANTHUB IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL MERKANTHUB BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Indemnification
You agree to indemnify and hold harmless Merkanthub, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of any rights of a third party.
Termination
You may terminate your account at any time by contacting us or through the platform settings. We may terminate or suspend your access to the Services at any time for cause, including violation of these Terms, with or without notice.
Upon termination, your right to use the Services ceases immediately. We will retain your data for 30 days following termination to allow for data export. After this period, your data will be deleted in accordance with our Privacy Policy.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the effective date and, where required, by sending notice via email or through the platform. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Contact
If you have questions about these Terms, please contact us at:
Merkanthub, Inc. Email: legal@merkanthub.com