Terms of Service

Effective date: [Insert date]
Parties: These Terms of Service ("Terms") govern your use of Merc websites, applications, and related services ("Service") provided by Terra AGI Pvt Ltd ("Company," "we," "us"). The user-facing product name is Merc. References to Merc AI may appear in legal or commercial documents.

1. Acceptance

By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

2. Description of services

Merc is offered mainly as a mobile application: you can maintain a business profile (including optional photo and map location), use an in-app wallet where enabled, start ad campaigns with inputs such as budget and radius, review generated ad copy and creatives, and publish to connected advertising platforms (e.g. Meta and Google) when the product supports it. Features and availability may change. The Service is not legal, tax, or financial advice.

3. User responsibilities

• Provide accurate registration information and keep it current.
• Comply with applicable laws, including advertising, consumer protection, and data protection rules in your markets.
• Ensure ad content is truthful, non-deceptive, and appropriate for your audience.
• When using integrations with third-party platforms (including Google Ads and Meta Ads), you must comply with those platforms' policies, community standards, and technical requirements. We are not responsible for enforcement actions taken by third-party platforms.

4. Account security

You are responsible for safeguarding credentials and for activity under your account. Notify us promptly at support@mercai.com if you suspect unauthorized access.

5. Acceptable use

You agree not to:

• Use the Service for unlawful, harmful, or fraudulent purposes.
• Attempt to gain unauthorized access to systems, data, or accounts.
• Reverse engineer, scrape, or overload the Service except as permitted by law.
• Upload malware or content that infringes intellectual property or privacy rights.

6. Third-party platforms and APIs

The Service may interoperate with third-party advertising platforms and APIs. Those services are provided by third parties under separate terms. Availability, pricing, features, and approval decisions on those platforms are outside our control. You acknowledge that Merc depends on such third parties and that outages, policy changes, or account suspensions on those platforms may affect the Service.

7. Fees and payment

Certain features may be subject to fees, subscriptions, or usage-based charges as described at checkout or in an order form. Taxes may apply. Late or failed payments may result in suspension. Specific fee schedules are [to be inserted — e.g. linked pricing page or contract].

8. Intellectual property

We retain all rights in the Service, software, branding, and documentation. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription or access period. You retain rights in content you upload; you grant us a license to host, process, and display such content as needed to operate the Service.

9. AI-assisted features

AI-generated suggestions may be inaccurate or incomplete. You are responsible for reviewing and approving materials before publication. We do not warrant that AI outputs will meet any particular performance metric.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TERRA AGI PVT LTD NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) [INR AMOUNT — insert]. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnity

You will defend and indemnify us against claims arising from your content, your ads, your use of integrations, or your violation of these Terms or applicable law, subject to our prompt notice and reasonable cooperation.

13. Suspension and termination

We may suspend or terminate access for breach of these Terms, risk to security or third parties, or legal requirements. You may stop using the Service at any time. Provisions that by nature should survive (including disclaimers, limitations, and indemnity) will survive termination.

14. Changes to the Service and Terms

We may modify the Service or these Terms. We will post updated Terms on mercai.com and update the effective date. Continued use after changes become effective constitutes acceptance, except where additional consent is required by law.

15. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to applicable mandatory provisions, courts located in [City, State — e.g. Bengaluru, Karnataka] shall have exclusive jurisdiction over disputes arising from these Terms or the Service.

16. Contact

Terra AGI Pvt Ltd
hello@mercai.com
support@mercai.com
[Registered office address], India