Last updated: October 12, 2026
These Merchynt Terms and Conditions (these "Terms") govern your access to and use of the websites, applications, software, paid and free services, audits, reports, demonstrations, AI assistants, voice and text conversations, downloadable resources, lead magnets, events, and other interactive resources provided by Merchynt LLC ("Merchynt") (collectively, the "Services"). They also govern communications and participation connected with those Services where these Terms are presented for acceptance.
By accepting these Terms, including by submitting a form or using a feature that conspicuously presents these Terms for acceptance, you agree to them for yourself and, if you are authorized to do so, for the organization you represent (collectively, "you" or "Licensee"). Provisions addressing subscriptions, fees, and the License Period apply only to the relevant subscription. Agency and reseller referrals are governed by Sections 5.4 through 5.7 and the Privacy Policy. We obtain separate recording, referral, or marketing consent when applicable law requires it; accepting these Terms does not replace that legally required consent.
If you do not agree to these Terms, do not use a Service that requires acceptance. A separately signed order, reseller agreement, or data processing agreement may provide additional terms for a particular Service, as described in Section 12.5.
1.1 Scope of use. When you purchase a subscription and pay the applicable fees, Merchynt gives you a limited, nonexclusive, nontransferable right to access and use the subscribed Services for the subscription plan you select on www.merchynt.com or within the Services. Use is limited to the small and medium-sized businesses you own, operate, or are authorized to represent. The "License Period" starts when you first subscribe and ends when the subscription is canceled or either party provides written notice of termination, subject to applicable subscription terms. Free tools and resources may be used for their stated purposes, subject to these Terms and any restrictions disclosed with the resource.
1.2 Restrictions. Except as Merchynt expressly permits, you must not copy the platform software or its documentation, reverse engineer or decompile the software, attempt to obtain its source code, translate or modify it, or create derivative versions. You must not remove ownership notices, labels, or marks; assign, sublicense, rent, or transfer the Services or access to them without written permission; or use the platform to provide outsourcing, service bureau, time-sharing, rental, or other services to third parties. An authorized Agency Partner Program participant may serve third parties within that program's permissions. These restrictions do not prevent intended use of downloadable resources, reports, authorized output, profile or website editing features, or expressly authorized reseller or white-label functions. Restrictions apply only to the extent permitted by law.
1.3 Updates and support. Merchynt may add, revise, correct, update, or remove features in its discretion, subject to any applicable written commitment. During the License Period, Merchynt provides limited assistance with technical questions. No particular response time is promised. Contact support@merchynt.com or use the available in-app support tools.
1.4.1 Equipment and connectivity. You are responsible for obtaining and maintaining the Internet access, telecommunications, hardware, devices, and software needed to use the Services and for their costs.
1.4.2 Accounts. For Services that require an account, register through Google authentication or another method Merchynt makes available. You are responsible for use through your account, including unauthorized use, to the extent permitted by law. Keep account information and access credentials secure and notify Merchynt promptly of suspected unauthorized access.
2.1 Subscription cancellation. A subscription renews automatically for the selected billing period, such as monthly or annually, unless you cancel before the current period ends. Cancel through the cancellation tool in the Service or by emailing support@merchynt.com. Fees and any applicable refund terms are governed by Section 3 and the disclosed plan terms.
2.2.1 Termination by Merchynt. Merchynt may revoke your license or terminate your access on notice, including for a breach of these Terms, subject to any mandatory legal requirements.
2.2.2 Suspension. Merchynt may suspend access if it reasonably believes that you or someone using your account is harming or may harm Merchynt, its systems, or third-party systems; engaging in actual or suspected abusive bot activity, fraud, illegal activity, or conduct that could expose Merchynt to liability; or violating these Terms. Suspension may continue until the problem is corrected or Merchynt receives satisfactory assurances that it will not recur.
2.2.3 Effect of termination. Following cancellation or termination, Merchynt has no further obligation to provide the terminated Services, except for obligations imposed by law or an applicable agreement. Section 1.2, Section 3, Sections 4 through 12, and this Section 2.2.3 survive termination to the extent their nature requires. Survival does not authorize retention, marketing, sale, or processing beyond the Privacy Policy, applicable agreements, or applicable law.
3.1 Payment. Unless Merchynt agrees otherwise in writing, fees are charged monthly in advance at the price for your selected plan displayed on the website or in the Services. A plan expressly offered with annual billing follows its disclosed annual schedule. Keep payment and billing information current. Payments are handled through a third-party payment processor, currently Stripe, and are payable in United States dollars. Payments are nonrefundable unless applicable law or an express website or plan commitment requires otherwise. This includes cancellation during a billing period or a downgrade or change to a plan.
3.2 Fee changes. Merchynt may change fees and will notify you in advance through the Services or the contact information you have supplied. A change takes effect for your next billing cycle for the affected Service. Subject to applicable notice and consent requirements, continued use after the change takes effect constitutes acceptance. You may cancel before renewal if you do not accept the new fee; mandatory legal remedies remain available.
3.3 Taxes. You are responsible for taxes, duties, fees, and government assessments arising from your purchase or use of the Services, other than taxes on Merchynt's net income. If law requires you to deduct or withhold from a payment, or requires Merchynt to pay a tax on that payment other than a tax on its net income, the amount payable must be increased as necessary for Merchynt to receive the net amount it would have received without that deduction, withholding, or tax, to the extent permitted by law.
4.1 Ownership. Merchynt retains ownership of its Services and its technology, inventions, innovations, know-how, methods, processes, trademarks, software, documentation, interfaces, and related improvements, modifications, derivatives, and works in progress ("Merchynt Intellectual Property"). This includes applicable patent, copyright, trademark, trade secret, database, and other intellectual property rights throughout the world. You receive a right to use the Services within these Terms, rather than ownership of the platform or Merchynt Intellectual Property. This section does not transfer ownership of information you provide or expand the personal information permissions in Section 5.
4.2 Feedback. You may provide suggestions, ideas, or feedback about the Services ("Feedback"). You grant Merchynt a non-exclusive, worldwide, royalty-free license to use that Feedback to develop, improve, and commercialize its products and services, without an obligation to compensate you. This permission covers the suggestions and ideas themselves. It does not authorize publication or sale of personal information, confidential customer records, or recordings and transcripts, which remain governed by Section 5, the Privacy Policy, and any applicable data processing agreement.
4.3 Injunctive relief. A breach or threatened breach involving Merchynt's intellectual property or confidential information may cause harm that cannot be adequately remedied by money alone. Merchynt may seek an injunction or other available equitable relief in a court with jurisdiction, in addition to other remedies. To the extent the law allows, Merchynt may seek this relief without proving actual damages or posting a bond.
5.1 Privacy and your choices. The Privacy Policy at https://www.merchynt.com/privacy explains our collection, use, disclosure, and retention of personal information. We will obtain any additional consent required for recording, marketing, or a new data use. Acceptance of these Terms does not waive privacy rights or override an applicable data processing agreement, a platform restriction, or a choice you have communicated to us.
5.2 Authorized data use. To the extent permitted by applicable law, our Privacy Policy, and applicable agreements, you authorize Merchynt and its contracted service providers to process information you provide or that is generated through your use of the Services to deliver and support the Services, respond to requests, secure our systems, evaluate performance, and develop and improve our offerings. We may also use or disclose aggregated or properly deidentified information, subject to safeguards against reidentification. Identifiable lead disclosures are governed by Section 5.4, rather than by this general permission.
5.3 AI conversations and recording. Certain Services use OpenAI to provide browser voice chat and AI receptionist interactions. We identify the assistant as AI and obtain the required affirmative recording permission before recording and transcription begin. After agreement, Merchynt and its contracted providers may process and retain audio, transcripts, responses, summaries, and related technical information to deliver the interaction. Authorized people may listen to recordings or read transcripts to evaluate and improve our chatbot tools and revise business practices based on recurring themes. This permission does not authorize model training or fine-tuning. Retention and deletion are governed by Section 14 of the Privacy Policy, including no fixed automatic expiry where lawful and deletion requests at legal@merchynt.com. Where required, all participants must consent. You may decline the recorded feature or end the interaction and use another contact method. AI responses may be inaccurate; confirm material pricing, contractual, or product commitments with Merchynt before relying on them.
5.4 Agency and reseller lead referrals. As part of our business development and agency referral program, Merchynt may disclose, transfer, or sell Lead Information about its own prospective, current, or former business customers and business contacts to one of Merchynt's agency resellers or agency partners selected by Merchynt. These agencies offer their own marketing or related services and may resell or white-label Paige or other Merchynt technology under their own brands. "Lead Information" means your name, business email address and telephone number, business name, website, business location, role, relevant audit results, stated business needs, and relevant product interest or engagement, such as completing an audit or whether you subscribe to Paige. The exclusions in Section 5.5 apply.
We may make a referral because you request an introduction, because you tell us you would prefer to work with an agency, or because we reasonably believe an agency may be a suitable provider for your business. This includes referring a person who uses our Google Business Profile audit or another free tool, requests a report or marketing resource, participates in a demonstration or event, provides business contact information, or otherwise interacts with us in a business or marketing context, even if that person never purchases Paige or another Merchynt product. Subject to Section 5.7, a referral may be initiated by Merchynt without a separate request, opt-in checkbox, or approval of the selected agency. If we ask whether you want a referral and you decline, we honor that choice.
The selected agency may contact you about its own services through channels permitted by law and your applicable preferences. The agency may market, contract, and deliver services under its own brand and need not feature Merchynt, Paige, or its reseller relationship in its branding or sales presentation, except where a disclosure is required by law. It must identify itself accurately, provide legally required privacy and source disclosures, and not misrepresent whether you requested contact or how it obtained your information. Its own agreements and privacy notice govern its independent services and processing.
Merchynt may receive referral fees or other monetary or valuable consideration in connection with a referral or its relationship with the agency. We transfer the same lead to only one independent agency and require that agency not to resell or distribute it to another independent agency. A referral does not require a purchase, cancel your Merchynt subscription, or move your account or service management to the agency.
5.5 Customer and restricted data. Personal information entrusted to Merchynt for processing on a customer's behalf, including that customer's end-customer contacts, receptionist calls, and communications, is used only for authorized service delivery and other processing allowed by the applicable agreement and law. Customer instructions, caller notices and permissions, and the applicable data processing agreement must permit any human review for service improvement; these Terms alone do not authorize a separate Merchynt use or permanent retention of customer call data. That information is not included in the agency lead program. The program also excludes payment details, passwords, authentication tokens, confidential account content, full AI recordings or transcripts, sensitive personal information, information supplied solely to exercise privacy rights or verify identity, and data whose transfer or sale is restricted by a platform, contract, or law. Google API data remains subject to applicable Google requirements. A referral of a customer's own business contact and lead information under Section 5.4 is distinct from information the customer entrusted to us about other people.
5.6 Marketing communications. Merchynt and the selected agency may send business marketing communications only as permitted by applicable law and your choices. This may include business email and live, manually dialed calls where permitted, subject to applicable unsubscribe, objection, do-not-call, and other marketing requirements. Providing contact information, using a tool, accepting these Terms, or agreeing to an AI recording does not itself supply consent required for marketing texts or automated, prerecorded, or AI voice marketing calls. Where required, the responsible sender obtains a separate written consent identifying the authorized sender, telephone number, and relevant technologies before that outreach. Consent is not a condition of purchase and may be revoked by any reasonable method allowed by law.
5.7 Referral notices choices and required consent. Where applicable law allows referral disclosures on the basis of notice and an opportunity to opt out, we may make the disclosures described in Section 5.4 without obtaining separate referral consent. We provide the applicable referral and privacy notice at or before collection, keep the use consistent with the disclosed purposes and the collection context, and honor applicable opt-outs, objections, and recognized privacy preference signals. Subject to these requirements, when you provide Lead Information through a Service or business interaction presented with these Terms and that notice, you authorize the referral use described here. We do not generally require you to select or approve a specific agency before transfer.
You may opt out of agency lead referrals and future lead sales by emailing legal@merchynt.com or using the request methods in the Privacy Policy. Opting out does not prevent access to an audit, resource, or purchased Service. If applicable law requires affirmative consent for a disclosure, a new or incompatible purpose, or a marketing channel, we obtain that consent before proceeding, including identifying the recipient when required. Silence, continued use, or acceptance of general Terms does not substitute for that consent. These Terms do not override an earlier privacy commitment or make previously collected information eligible for a new use without the permission required for that change.
By accepting these Terms, you represent and agree to the following obligations.
6.1.1 Authority and permissions. You have the authority needed to accept these Terms, use the Services for each business you represent, and provide information for the uses you request. If you provide personal information about another person or authorize a recording involving others, you will provide required notices and obtain required permissions before doing so. This obligation does not replace Merchynt's own notice, consent, and privacy obligations. Permission to upload a customer's data for service delivery does not authorize its sale or its use to market unrelated services.
6.1.2 Lawful use. You will use the Services in compliance with applicable laws, rules, and regulations.
6.1.3 Platform requirements. You will comply with the terms of third-party platforms used with the Services, including applicable Google platform terms and permissions.
6.1.4 Harmful code. You will not introduce or knowingly transmit viruses, malware, or other harmful code through the Services.
TO THE EXTENT PERMITTED BY LAW, YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE SUPPLIED AS IS AND AS AVAILABLE. MERCHYNT DISCLAIMS EXPRESS, IMPLIED, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. MERCHYNT DOES NOT PROMISE UNINTERRUPTED OR ERROR FREE OPERATION OR COMPATIBILITY WITH OTHER PRODUCTS, DEVICES, SOFTWARE, OR MATERIALS.
Subject to applicable law, Merchynt disclaims responsibility for inaccurate information or data, unauthorized access, interrupted transmissions, harmful code introduced by third parties, and loss or damage arising from use of the Services or information obtained through them. AI answers, audit findings, and recommendations may contain errors. No AI response or marketing resource changes a written price, order, or contract unless Merchynt expressly confirms the change. This section does not exclude a warranty or obligation that cannot lawfully be excluded.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCHYNT IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM THESE TERMS OR THE SERVICES. THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY AND EVEN IF MERCHYNT WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS. IT INCLUDES LOSSES RELATED TO DATA OR THE DISABLING OR UNAVAILABILITY OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCHYNT'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE AFFECTED SERVICE IS LIMITED TO THE FEES PAID TO MERCHYNT FOR THAT SERVICE DURING THE MONTH IMMEDIATELY BEFORE THE INCIDENT GIVING RISE TO LIABILITY. FOR AN ANNUALLY BILLED SERVICE, THE LIMIT IS ONE TWELFTH OF THE ANNUAL FEE PAID FOR THE THEN CURRENT YEAR. THESE LIMITS DO NOT EXCLUDE OR RESTRICT LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW TO BE EXCLUDED OR RESTRICTED.
To the extent permitted by law, you will defend Merchynt against third-party claims arising from your use of the Services or your breach of these Terms, including the representations and responsibilities in Section 6, and indemnify Merchynt for damages awarded and settlements approved in connection with those claims. Merchynt will promptly give written notice of a claim, tender control of its defense and settlement to you at your expense, and cooperate at your request and expense. You may not settle or compromise a claim without Merchynt's prior written consent. This obligation does not relieve Merchynt of responsibility that the law places on Merchynt and does not apply to the extent prohibited by law.
10.1 Confidential information. Keep confidential Merchynt's nonpublic information supplied through the Services or in connection with these Terms, and ensure that your employees do the same. This includes nonpublic financial, pricing, marketing, product, technical, software, testing, design, code, documentation, performance, planning, and business information ("Merchynt Proprietary Information"). The obligation does not apply to information that becomes public through no fault of yours or that you can demonstrate with written records was lawfully in your possession before the License Period.
10.2 Protection and use. Use commercially reasonable measures to protect Merchynt Proprietary Information against unauthorized use or disclosure. Do not disclose it to third parties or use it for a purpose other than exercising your rights under these Terms. Legally required disclosures and legally protected reports or complaints are not prohibited; where lawful and practicable, provide advance notice of a compelled disclosure and limit it to what is required.
11.1 Governing law. California law governs these Terms, without applying its conflict-of-law rules, subject to controlling federal law and other mandatory protections. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not govern these Terms.
11.2 Arbitration. The parties will first use commercially reasonable efforts to resolve a dispute informally. Except for the court relief described in Section 4.3 and the exceptions below, unresolved claims relating to the Services or these Terms will be decided by binding arbitration in Los Angeles, California, administered by the American Arbitration Association under its applicable commercial arbitration rules. Applicable emergency or interim relief procedures may be used when provisional relief is requested. One arbitrator, who is a lawyer or retired judge with software industry experience, will decide the dispute. The award is final and binding and may be enforced in a court with jurisdiction. The parties accept the nonexclusive jurisdiction of state and federal courts in Los Angeles County for enforcement.
11.3 Timing costs and confidentiality. To the extent permitted by law, you must bring a claim within one year after the incident first giving rise to it. Each party pays its own arbitration expenses, legal fees, and filing fees unless applicable law, mandatory AAA rules, or an authorized award requires a different allocation. The proceeding, submissions, testimony, and award must be kept confidential except for disclosures required by law, regulators, court proceedings, or legally protected activity.
11.4 Individual proceedings. To the extent permitted by law, claims must be pursued individually. Neither party may bring a class or representative arbitration or combine claims of other people in the arbitration. BY ACCEPTING THESE TERMS, YOU AGREE TO INDIVIDUAL PROCEEDINGS AND WAIVE CLASS OR REPRESENTATIVE PROCEEDINGS TO THE EXTENT THAT WAIVER IS LAWFUL.
11.5 Mandatory protections. Nothing in this section limits a nonwaivable statutory right, a complaint or report to a regulator, or relief that must remain available under applicable law. Either party may bring an eligible individual claim in small claims court. If mandatory law or applicable AAA consumer rules require different procedures, venue, fees, or timing, those requirements control. The arbitration obligation, filing period, confidentiality duties, and individual proceeding restrictions apply only to the extent legally enforceable.
12.1 Assignment. You may not assign, sublicense, delegate, or transfer these Terms or your rights or obligations without Merchynt's prior written consent. An attempted transfer without that consent is void to the extent permitted by law.
12.2 Customer names and publicity. For a business that subscribes to the Services, Merchynt may identify the business as a customer by displaying its business name and logo on Merchynt's website and promotional materials. This permission does not authorize publication of an individual visitor's personal information or a recording or transcript. Other press releases or public statements about the contractual relationship require the other party's prior written approval.
12.3 Notices. Legal notices must be in writing. Send notices to Merchynt at legal@merchynt.com. Merchynt may send notices to the email address you provide for your account or relevant interaction. Unless law requires a different method or timing, notice is deemed given when an email is sent, when personal delivery or certified or registered mail is received, or one day after dispatch through a major next-day delivery service. Keep your contact information current.
12.4 Events beyond reasonable control. Merchynt is not responsible for a failure or delay caused by events outside its reasonable control, such as labor disputes, shortages of energy or supplies, epidemics or pandemics, war, terrorism, riots, natural disasters, or failures of public networks or communications infrastructure, subject to obligations that applicable law does not permit it to exclude.
12.5 Entire agreement and specific agreements. These Terms, together with any applicable written order or separately accepted or signed agreement, state the agreement for their subject matter and supersede earlier communications or understandings on that subject. A separately signed agreement governs an express conflict within its specific subject matter. An applicable data processing agreement governs processing performed on a customer's behalf; a reseller agreement governs the reseller rights it grants. Nothing in this clause overrides applicable privacy commitments, legally required consent, or mandatory rights.
12.6 No waiver. Merchynt's failure to enforce a provision on one occasion does not waive its right to enforce that provision or another provision later.
12.7 Severability. If a provision is invalid or unenforceable, it will be modified only to the extent law allows and as little as necessary to reflect its lawful purpose. If modification is not permitted, the provision will be severed. The remaining provisions continue to apply to the extent legally enforceable.
12.8 Changes to Terms. Merchynt may update these Terms and will identify their effective date. We will provide notice of material changes through an appropriate channel. Changes apply prospectively, except as permitted by law. Where a new use of previously collected information requires additional permission, we will obtain that permission before beginning the use. Continued use or acceptance of updated Terms does not replace a consent required by law or override a previously applicable privacy commitment.
Questions about these Terms may be sent to legal@merchynt.com. Technical support and subscription cancellation requests may be sent to support@merchynt.com.
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