1. Acceptance
By registering or using Merkchat, you represent that you have legal capacity to contract and, if you act on behalf of a company, that you have authority to bind it. These Terms form a contract between you (or your company) and Merktop.
2. Service description
Merkchat is a messaging-based support and sales platform that centralizes channels (WhatsApp, Instagram, Messenger, Telegram, web chat and email), where an artificial intelligence drafts suggested replies that a person approves before sending. Depending on the plan, it includes CRM and sales pipeline, catalog, in-chat payments, broadcasts, automation and metrics. We may modify or improve the service's features over time.
3. Account and eligibility
You are responsible for keeping your credentials confidential and for all activity under your account. You must provide accurate information and keep it up to date. Notify us immediately of any unauthorized use.
4. Plans, payments and cancellation
- The service is offered in plans (including, where applicable, a free or trial plan). Each plan's prices and limits are shown at sign-up.
- Payments are processed through Stripe. Unless stated otherwise, subscriptions renew automatically for the contracted period.
- You may cancel renewal at any time; cancellation takes effect at the end of the already-paid period. Unless applicable law requires otherwise, amounts already paid are non-refundable.
- We may change prices with reasonable prior notice; changes apply from the next renewal.
5. Acceptable use
You agree not to use Merkchat to:
- Send spam or unsolicited messages, or contact people who have not given their consent or opt-in to receive messages.
- Violate the policies of WhatsApp, Meta, Telegram or other connected platforms (including their business and messaging policies).
- Distribute illegal, misleading, fraudulent, defamatory or infringing content.
- Compromise the security of the service, reverse-engineer it or overload the infrastructure.
You are solely responsible for obtaining the necessary consents from your contacts and for complying with applicable data protection and messaging law. The risk of your accounts being blocked or banned on third-party platforms for breaching their policies is yours.
6. Third-party platforms
Merkchat integrates with third-party services (WhatsApp, Meta, Telegram, Stripe, etc.). We are not affiliated with or endorsed by them, and their use is subject to their own terms and policies. We do not guarantee the continuous availability of those integrations, which depend on such third parties.
7. Artificial intelligence
The AI generates drafts that may contain errors, inaccuracies or outdated information. By default, no message is sent without your approval. You are responsible for reviewing and approving the content before sending it, and for the content actually sent, even if you enable automatic sending. The AI is not a substitute for professional judgment or for legal, tax, medical or other specialized advice.
8. Data and privacy
The processing of personal data is governed by our Privacy Policy. For your end customers' data, you are the controller and Merktop acts as processor under Art. 28 GDPR; a Data Processing Agreement (DPA) is available on request. You retain ownership of your data and may export it or request its deletion as described in the Policy.
9. Intellectual property
The software, the Merkchat brand and all elements of the service are owned by Merktop or its licensors. We grant you a limited, non-exclusive, non-transferable license to use the service under these Terms. Content you upload remains yours; you grant us the license needed to provide the service.
10. Availability and warranties
We make reasonable efforts to keep the service available, but it is provided “as is” and “as available”, without warranties that it will be uninterrupted or error-free. We may perform maintenance or changes. Nothing in these Terms excludes the warranties or rights that mandatory law grants to consumers.
11. Limitation of liability
To the maximum extent permitted by law, Merktop shall not be liable for indirect damages, loss of profits, loss of data or business opportunities. Our total aggregate liability to you, on any basis, shall not exceed the amount you paid for the service in the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply to what the law does not allow to be limited.
12. Indemnification
You agree to hold Merktop harmless against third-party claims arising from your use of the service in breach of these Terms, the law or third-party rights (e.g., messages sent without consent).
13. Suspension and termination
You may stop using the service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if there is a security or fraud risk, or upon legal requirement. After termination, you may request the export or deletion of your data as described in the Privacy Policy.
14. Changes to the terms
We may update these Terms. We will publish the current version on this page with its date and, if changes are material, notify you. Continued use of the service after they take effect implies acceptance.
15. Governing law and jurisdiction
These Terms are governed by the applicable law of the European Union regarding data protection and consumer matters. If you are a consumer resident in the EU, you retain the protection of the mandatory rules of your country of residence and may bring proceedings before its courts. In other cases, the parties submit to the competent courts of Delaware (United States), without prejudice to mandatory consumer rights.
16. Contact
For any question about these Terms, write to [email protected].