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Terms of Service

Effective Date: April 10, 2026  ·  Last Updated: April 10, 2026

1. Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and Merlin Tech LLC, a Colorado limited liability company ("Merlin," "we," "our," or "us"). By creating an account, accessing, or using the Merlin AI automation platform, including our website, web application, and related services (collectively, the "Service"), you agree to be bound by these Terms.

If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity. If you do not agree to these Terms, do not use the Service.

2. The Service

Merlin provides an AI-powered automation platform designed for small and medium-sized businesses. The Service includes tools for:

  • Email management: automated drafting, context-aware replies, auto-reply configuration, and email analytics.
  • Social media marketing: AI-generated content, multi-platform scheduling, video editing, and performance analytics.
  • Educational content creation: course curriculum generation, presentation creation, PDF-to-video conversion, and resource management.

The features available to you depend on the subscription plan you have purchased. Merlin reserves the right to modify, add, or remove features at any time, with notice to users where material changes are involved.

3. Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to use the Service. The Service is intended for business use. By using the Service, you represent and warrant that you meet these requirements.

4. Account Registration

To access the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Keep your account credentials confidential and not share them with any third party
  • Notify us immediately at support@merlintech.ai if you believe your account has been compromised
  • Be responsible for all activity that occurs under your account

Merlin reserves the right to suspend or terminate accounts that contain inaccurate information or that are used in violation of these Terms.

5. Subscriptions, Billing, and Cancellation

5.1 Subscription Plans

Access to the Service is provided on a subscription basis. Pricing, features, and billing cycles are described on our pricing page and in your account dashboard.

5.2 Payment

You authorize Merlin to charge your designated payment method for all fees associated with your subscription. All fees are in U.S. dollars and are non-refundable except as expressly stated in these Terms or required by applicable law.

5.3 Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. You will receive a renewal reminder by email.

5.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service through the end of the paid period.

5.5 Price Changes

We may change subscription fees at any time. We will provide at least 30 days' advance notice of any fee increase. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

5.6 Taxes

You are responsible for all applicable taxes. Merlin will charge applicable taxes where required by law.

6. Your Content

6.1 Ownership

You retain all ownership rights to the content you upload, create, or connect to the Service, including business documents, email content, social media materials, course content, and any outputs generated by the Service based on your inputs ("User Content").

6.2 License to Merlin

By using the Service, you grant Merlin a limited, non-exclusive, worldwide, royalty-free license to access, process, store, and use your User Content solely to provide the Service to you. This license terminates when you delete content or close your account.

6.3 Responsibility for Content

You are solely responsible for your User Content. You represent and warrant that:

  • You own or have the necessary rights and permissions to provide User Content to the Service
  • Your User Content does not violate any third-party intellectual property rights, privacy rights, or applicable law
  • Your User Content does not contain malicious code, viruses, or harmful material

6.4 No Training on Your Content

Merlin will not use your User Content to train AI models without your explicit written consent.

7. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable federal, state, local, or international law or regulation, including Colorado law
  • Infringe any intellectual property, privacy, or other rights of any third party
  • Send spam, bulk unsolicited messages, or engage in deceptive marketing practices
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Transmit viruses, malware, or other malicious or harmful code
  • Interfere with or disrupt the integrity or performance of the Service or its infrastructure
  • Attempt to gain unauthorized access to any system, account, or data
  • Generate content that is defamatory, obscene, harassing, threatening, or otherwise unlawful
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Resell, sublicense, or otherwise commercialize the Service without our written consent

We reserve the right to investigate suspected violations and to suspend or terminate accounts accordingly.

8. AI-Generated Outputs

The Service uses artificial intelligence to generate content including email drafts, social media posts, educational materials, and videos. You acknowledge that:

  • AI-generated outputs may be imperfect, inaccurate, or inappropriate for your specific needs
  • You are solely responsible for reviewing, editing, and approving all AI-generated content before publishing, sending, or distributing it
  • Merlin does not guarantee that AI-generated outputs are free from errors, bias, or legal issues
  • Merlin is not liable for any damages arising from your use of AI-generated outputs without adequate review

9. Third-Party Integrations

The Service integrates with third-party platforms including email providers, social media platforms, cloud storage services, and CRM systems. By connecting a third-party platform, you authorize Merlin to access and interact with that platform on your behalf within the scope of the permissions you grant. Your use of third-party platforms is governed by those platforms' own terms of service and privacy policies. Merlin is not responsible for the availability, accuracy, or actions of any third-party platform.

10. Service Availability

We strive for high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled or emergency maintenance at any time. We will make reasonable efforts to notify you in advance of planned downtime. Merlin is not liable for any losses resulting from service interruptions.

11. Intellectual Property

The Service, including its software, design, logos, trademarks, and content created by Merlin (excluding User Content), is owned by Merlin Tech LLC and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any ownership interest in the Service. You may not use Merlin's trademarks, logos, or branding without our prior written consent.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MERLIN DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MERLIN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MERLIN TECH LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF MERLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MERLIN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MERLIN IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Merlin Tech LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

15. Termination

15.1 By You

You may terminate your account at any time by canceling your subscription and deleting your account through your account settings.

15.2 By Merlin

We may suspend or terminate your access to the Service immediately, with or without notice, if you violate these Terms, we are required to do so by law, or we determine that continued access poses a risk to the Service or other users.

15.3 Effect of Termination

Upon termination, your right to access the Service ends immediately. You may request a copy of your data within 30 days of termination. Sections 6.1, 11, 12, 13, 14, 16, and 17 survive termination.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law provisions. Any dispute arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Colorado, and you consent to the personal jurisdiction of such courts.

Before initiating any legal action, you agree to contact Merlin at legal@merlintech.ai and provide 30 days' opportunity to resolve the dispute informally.

17. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Merlin regarding the Service and supersede all prior agreements.
  • Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full effect.
  • Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it in the future.
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Merlin may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Notices: We may provide notices to you by email or through the Service. You may provide notices to us at legal@merlintech.ai.
  • Force Majeure: Neither party is liable for delays or failures caused by circumstances beyond their reasonable control.

18. Changes to These Terms

We may update these Terms at any time. When we make material changes, we will notify you by email or through a prominent notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

19. Contact Us

For questions about these Terms of Service, contact us at:

Email: legal@merlintech.ai
Merlin Tech LLC
Colorado, United States

© 2026 Merlin AI. All rights reserved.