Terms of Service

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.

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.

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 optimisation and content enhancement
• Template creation, editing, and management
• Product data and workflow management
• Integration with third-party platforms (e.g. Shopify)

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 may be inaccurate, incomplete, or unsuitable
• SEO suggestions do not guarantee rankings, traffic, or performance
• Results depend on external factors beyond our control

You are solely responsible for:

• Reviewing, editing, and approving all content
• Ensuring content is suitable for your use

MerchUp is not liable for:

• errors or inaccuracies in generated content
• business outcomes, rankings, or performance
• decisions made based on AI outputs

7. AI Image Generation (Future Features)

MerchUp may 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

8. 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

9. 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.

10. Third-Party Integrations and Platforms

MerchUp integrates with third-party platforms such as Shopify.

By using integrations:

• You authorise access to store and product data
• 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.

11. 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

• Billing is processed through the platform where MerchUp is installed
• You agree to that platform's billing 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 and platform resources
• Credits are consumed when generating or editing content
• 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

12. Plan Changes, Suspension, and Cancellation

You may:

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

Changes may take effect immediately or at the next billing cycle.

We may suspend or terminate accounts for:

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

Termination does not remove outstanding payment obligations.

13. 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
• 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.

14. 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

15. Service Availability

We do not guarantee uninterrupted or error-free service.

We may:

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

16. Limitation of Liability

Nothing in these Terms excludes liability where it cannot be excluded under UK 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

Total liability is limited to:

the amount paid by you in the previous 12 months

17. Indemnification

You agree to indemnify MerchUp against claims arising from:

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

18. Force Majeure

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

19. 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.

20. 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.

21. Contact

For questions regarding these Terms, please contact us via the support page.