These Terms and Conditions (“Terms”) govern your access to and use of the
Merchmix website (
https://merchmix.co
)
and the
Merchmix mobile applications for iOS and Android
(collectively, the “Services”). By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms.
If you do not agree with any part of these Terms, you must discontinue use of the Services immediately.
1. Data Ownership & Customer Data Rights
- Customers retain full ownership of their business and operational data uploaded to the Services
- Merchmix is permitted to process such data solely for the purpose of providing, maintaining, and improving the Services
- Merchmix may use aggregated and anonymized data for analytics, benchmarking, and product improvement
- Upon termination, customers may request data export within a limited period, after which data may be securely deleted
2. Use of AI & Automated Responses
- Any recommendations, insights, or forecasts provided through automation or AI are decision-support tools only
- Customers remain solely responsible for all business decisions and outcomes
- Merchmix makes no guarantees regarding accuracy, performance, or results derived from automated outputs
3. Service Levels & Availability
- The Services are provided on a best-effort basis and may experience interruptions
- Scheduled maintenance windows may occur with or without prior notice
- No service-level agreement (SLA) applies unless explicitly agreed in writing
4. Indemnity
You agree to indemnify and hold harmless Merchmix from any claims, damages, losses, or liabilities arising from:
- Misuse of the Services
- Data uploaded, shared, or processed through your account
- Violation of applicable laws or regulations
5. Confidentiality
- Both parties agree to maintain the confidentiality of non-public information
- This includes commercial terms, pricing, forecasts, technical data, and proprietary processes
6. Effects of Termination
- Access to the Services will be revoked upon termination
- A limited data export window (typically up to 30 days) may be provided
- After the export window, data may be permanently deleted
- Clauses relating to confidentiality, liability, and intellectual property survive termination
7. Disclaimer of Warranties
The Services are provided on an
“as is” and “as available”
basis. Merchmix disclaims all warranties, express or implied, including fitness for a particular purpose and non-infringement.
8. Limitation of Liability
To the maximum extent permitted by law, Merchmix shall not be liable for any indirect, incidental, consequential, or special damages arising from or related to the use of the Services.
9. Termination
Merchmix may suspend or terminate access to the Services at any time if these Terms are violated or where required by law.
10. Privacy
Your use of the Services is governed by our
Privacy Policy
which explains how personal information is collected and processed.
11. Changes to These Terms
Merchmix may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
12. Governing Law
These Terms shall be governed by and interpreted in accordance with applicable laws, without regard to conflict of law principles.
13. Contact Information
If you have any questions regarding these Terms, please contact us at:
aneesh@merchmix.co
