Terms of Service

These Terms of Service ("Terms") govern your access to and use of MerchUp ("MerchUp", "we", "us", or "our"), a software-as-a-service platform providing AI-powered tools for product content creation, editing, and management.

By accessing, installing, registering for, or using MerchUp, you agree to be legally bound by these Terms.

Please also read our Privacy Policy and Cookie Policy, which explain how we handle personal data and cookies.

1. Eligibility and Legal Capacity

You must:

• Be at least 18 years old or the legal age required to form a binding contract in your jurisdiction
• Have authority to enter into these Terms

If you use MerchUp on behalf of a business, you confirm that you have authority to bind that entity.

Business Use

MerchUp is a business-to-business service for operating and marketing an online store. By registering for or using MerchUp you confirm that you are acting for purposes relating to your trade, business, craft, or profession, and not as a consumer. Statutory consumer rights regimes (such as consumer cancellation or “cooling-off” rights for distance contracts) therefore do not apply to your use of the service, except where the law of your jurisdiction applies them regardless of this confirmation.

2. Account Registration and Security

You agree to:

Account Responsibilities

• Provide accurate, complete, and up-to-date account and billing information
• Maintain the confidentiality of your login credentials
• Be responsible for all activity under your account

You must notify us immediately of any unauthorised access or suspected breach.

We are not liable for losses resulting from unauthorised access caused by your failure to secure your account.

3. Description of Service

MerchUp provides tools including:

• AI-generated product descriptions and content
• SEO tools, including AI-generated meta titles and descriptions, AI-generated image alt text, keyword research and suggestions, competitor and search-ranking analysis, and automated multi-step SEO runs
• Template creation, editing, and management
• Product data and workflow management
• Integration with third-party platforms (e.g. Shopify, WooCommerce)

We may modify, update, suspend, or discontinue any part of the service at any time.

4. Feature Access and Plan Limitations

Access to certain features may depend on your subscription plan, usage limits, or account status.

This may include:

• Custom template editor
• Advanced AI tools
• Premium templates or seasonal content
• Multi-store functionality

We reserve the right to:

• Restrict or modify feature access based on plan level
• Introduce new paid features or add-ons
• Change feature availability at any time

5. Acceptable Use

You agree not to:

• Use the service for unlawful or fraudulent purposes
• Upload or generate content that infringes third-party rights
• Reverse engineer, scrape, or exploit the platform
• Disrupt system integrity or performance
• Abuse AI systems, credits, pricing models, or system limits

We may suspend or terminate access without notice for violations.

6. AI-Generated Content and SEO Disclaimer

MerchUp uses artificial intelligence to generate and optimise content.

You acknowledge that:

• AI outputs — including descriptions, meta titles and descriptions, image alt text, and keyword selections — may be inaccurate, incomplete, or unsuitable
• SEO features, suggestions, and automated runs do not guarantee rankings, indexing, traffic, conversions, or any other performance outcome
• Search engines may ignore, rewrite, or decline to display metadata you publish, and may change their algorithms, guidelines, or results at any time
• Results depend on external factors beyond our control

You are solely responsible for:

• Reviewing, editing, and approving all content before it is published to your store
• Ensuring content is accurate, lawful, and suitable for your use
• Ensuring content you publish complies with the policies of the platforms and search engines it appears on (for example Shopify's content policies and Google's spam and content guidelines)

MerchUp is not liable for:

• errors or inaccuracies in generated content
• business outcomes, rankings, indexing, or performance
• enforcement actions, penalties, ranking changes, or de-indexing applied by search engines or platforms in relation to content you publish
• decisions made based on AI outputs

7. Automated SEO Runs and Search Data

MerchUp offers automated SEO features (for example the “AI does it all” run) that perform a sequence of steps on your behalf, which may include: discovering and analysing competitor websites, researching and selecting target keywords, generating SEO metadata and image alt text, checking live search results, and revising previously generated drafts where a check shows they underperformed.

Your Store Is Only Changed When You Publish

• Automated runs produce drafts and proposals inside MerchUp. Nothing is written to your store unless and until you take an explicit publish or push action.
• We provide review and history tools, and undo where available, but you remain responsible for reviewing changes before and after publishing, and for maintaining your own store backups.

Search and Competitor Data

• Search data (rankings, search volumes, difficulty and similar metrics) is sourced from licensed third-party data providers and, where you connect it, your own Google Search Console account.
• All such data consists of estimates and sampled measurements; it varies by location, device, personalisation, and time, may differ from what you or your customers see, and is provided “as is” without any guarantee of accuracy or completeness.
• Competitor information is derived from publicly available search results and websites, is identified for comparison purposes only, and does not imply any affiliation or endorsement. You must not use it for any unlawful purpose.

Credits for Automated Runs

• Automated runs display a credit quote before they start; the quoted amount is deducted when the run begins.
• Credits pay for the processing and third-party data the run consumes — not for any outcome. A run that completes its work has been delivered in full even if you do not publish its results or the results do not produce the rankings or traffic you hoped for.
• If a run is cancelled or fails, credits cover the work already performed; where a failure is caused solely by us, we will review and may re-run or re-credit at our discretion.

Section 6 applies to everything an automated run produces, and sections 14 (Refund Policy) and 15 (Fair Usage) apply to the credits it consumes.

8. AI Image Analysis and Generation

MerchUp analyses your product images with AI in order to generate image alt text and related content. You acknowledge that image analysis may misdescribe an image, and that you are responsible for reviewing alt text before publishing it.

MerchUp may also introduce AI-powered image generation or editing tools.

You acknowledge that:

• Generated images may not be unique or exclusive
• Outputs may contain similarities to existing content
• You are responsible for verifying suitability and rights before use

9. User Content and Marketing Use

You retain ownership of content you input or create using MerchUp.

You grant MerchUp a non-exclusive, worldwide licence to:

• process, store, and display content for the purpose of operating the service

We may:

• use content in aggregated, anonymised, or non-identifiable form for analytics, improvement, and general marketing purposes

We will not:

• use identifiable content, brand names, logos, store data, or customer-specific information for marketing without your explicit permission

10. Intellectual Property

All rights in MerchUp, including software, systems, features, and branding, remain our property.

You may not copy, reproduce, distribute, or create derivative works without permission.

11. Third-Party Integrations and Platforms

MerchUp integrates with third-party platforms and services, including e-commerce platforms (such as Shopify and WooCommerce), search-data providers, AI providers, and — where you choose to connect it — Google Search Console.

By using integrations:

• You authorise access to store and product data
• Where you connect Google Search Console, you authorise us through Google's consent flow to read search performance data for your verified property; you may disconnect at any time, and use of that service is also subject to Google's own terms
• You agree to third-party platform terms
• You acknowledge these services are outside our control

We do not guarantee:

• uninterrupted syncing
• prevention of data loss
• error-free updates

Feature availability may vary across platforms.

12. Subscriptions, Credits, Templates, Stores, and Billing

MerchUp may offer:

• Subscription plans
• Credit-based usage
• Premium templates and seasonal access
• Multi-store functionality

Subscriptions

• Billed in advance on a recurring basis
• Automatically renew unless cancelled
• Subject to platform billing systems (e.g. Shopify billing)

Platform Billing

• For stores installed through the Shopify App Store, billing is processed through Shopify's billing system; for stores on other platforms, billing is processed by our payment processor (Stripe)
• You agree to the applicable billing provider's terms
• MerchUp is not responsible for third-party billing issues

Additional Stores and Multi-Store Discounts

• Users may connect multiple stores under one account
• Each store may be treated as a separate billing instance
• A multi-store discount (e.g. 15%) applies only to additional stores beyond the first
• The discount does not apply to the primary store
• Discounts apply per additional store and may vary
• Discounts may be modified, limited, or withdrawn at any time
• Discounts cannot be applied retroactively or outside standard billing logic

Credits (Including Top-Ups)

• Credits represent usage of AI processing, third-party data, and platform resources
• Credits are consumed when generating or editing content and when running SEO features (including automated runs, which deduct their quoted amount at the start of the run — see section 7)
• Credits are non-transferable and have no monetary value
• All credit purchases, including top-ups, are final and non-refundable once allocated or used, except where required by law
• Credits may expire or be modified with notice

Templates (Premium & Seasonal)

• Templates may be offered as one-time purchases or time-limited access
• Templates are licensed, not sold
• Access to seasonal templates is limited to the active period of the relevant plan or pass
• Templates may not be resold, redistributed, or shared
• All template purchases are non-refundable once access is granted, except where required by law

Discounts and Promotions

• Discounts (including volume, multi-store, and promotional discounts) may vary
• Discounts cannot be combined unless explicitly stated
• Discounts may be modified or withdrawn at any time
• Abuse of discount systems may result in suspension or termination

Prices and Taxes

• We may change our prices; changes to recurring fees take effect from your next billing cycle after reasonable notice
• Unless stated otherwise, prices exclude VAT and other applicable taxes, which are calculated and collected by the billing provider (Shopify or Stripe) where required; you are responsible for any taxes that apply to your purchase

13. Plan Changes, Suspension, and Cancellation

You may:

• Upgrade or downgrade your plan
• Cancel your subscription at any time

How plan changes take effect:

• While you are on a free trial, moving between plans generally applies immediately
• Upgrades to a higher paid plan generally apply immediately
• Downgrades to a lower paid plan (including reducing recurring paid add-ons) generally take effect at the start of your next billing cycle
• Until a scheduled paid downgrade takes effect, you typically retain access to features and limits of your current plan

Exact timing can depend on the billing platform (for example Shopify) and your subscription state; the in-app subscription page will reflect what applies to your store where available.

We may suspend or terminate accounts for:

• breaches of these Terms
• misuse or abuse
• non-payment

Termination does not remove outstanding payment obligations.

14. Refund Policy

Unless required by law:

• Subscription fees are non-refundable once charged
• Credits (including top-ups) are non-refundable due to AI resource allocation
• Credits consumed by SEO features and automated runs are non-refundable once the corresponding processing and third-party data have been consumed, regardless of whether you publish the results or of any subsequent search-engine outcome
• Template purchases and seasonal access are non-refundable once granted
• Partial usage does not entitle you to refunds

We may review billing disputes at our discretion.

15. Fair Usage and Abuse Prevention

You agree not to:

• Exploit AI systems, credits, or pricing models
• Use automation or scripts to bypass usage limits
• Attempt to manipulate the system for unfair advantage

We reserve the right to:

• Monitor usage patterns
• Restrict or suspend accounts engaging in abuse
• Adjust limits or pricing to prevent misuse

16. Service Availability

We do not guarantee uninterrupted or error-free service.

We may:

• perform maintenance
• update features
• change system performance or limits

17. Limitation of Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

To the fullest extent permitted by law:

MerchUp is not liable for:

• indirect or consequential losses
• loss of profits, data, or business
• reliance on AI-generated outputs or third-party search data
• search-engine or platform actions affecting your store, its rankings, or its listings

Total liability is limited to:

the amount paid by you in the previous 12 months

18. Indemnification

You agree to indemnify MerchUp against claims arising from:

• your use of the platform
• your content
• breach of these Terms

19. Force Majeure

We are not liable for delays or failures caused by events beyond our control.

20. Changes to Terms

We may update these Terms at any time.

Where required by law, we will notify users of material changes.

Continued use of the service constitutes acceptance.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

Where you are a consumer in another jurisdiction, mandatory local consumer protection laws may apply.

22. General

• Severability — if any provision of these Terms is found to be invalid or unenforceable, that provision applies to the maximum extent permitted and the remaining provisions remain in full force.
• Entire agreement — these Terms, together with the Privacy Policy and Cookie Policy, form the entire agreement between you and MerchUp regarding the service and supersede any prior agreements or representations.
• No waiver — our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment — you may not assign these Terms without our consent; we may assign them in connection with a transfer of our business.
• Third-party rights — a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce them.

23. Contact

MerchUp is operated by Jamie Moss, trading as MerchUp, a sole trader established in the United Kingdom:

Jamie Moss, trading as MerchUp
2 Hollerith Close
Oakgrove
Milton Keynes MK10 9UY
United Kingdom

For questions regarding these Terms, contact us at support@merchup.ai or via the support page.