These Terms of Service govern access to and use of MergeCom’s websites, applications, add-ins, workspaces, and related services. By creating an account or using the services, you agree to these terms on behalf of yourself and, if applicable, your organization.
1. Account use
You must provide accurate account information, keep credentials secure, and use the services only if you have authority to do so. You are responsible for activity under your account and for promptly notifying MergeCom of suspected unauthorized access. Workspace administrators are responsible for managing their users, roles, and project access.
2. Customer content
You retain ownership of files, comments, account information, and other content submitted to the services. You grant MergeCom the limited right to host, copy, process, transmit, and display that content only as needed to provide, secure, maintain, and support the services. You are responsible for having the rights and permissions needed to submit customer content.
3. Licensing
Subject to these terms and payment of applicable fees, MergeCom grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the services during your subscription term for your organization’s internal business purposes. No rights are granted except those expressly stated in these terms or an applicable order.
4. Acceptable use
You may not use the services unlawfully; interfere with their operation or security; attempt unauthorized access; upload malicious code; infringe another person’s rights; reverse engineer the services except where law permits; resell access without authorization; or use the services to develop a competing product. MergeCom may investigate suspected misuse and take proportionate steps to protect customers and the services.
5. Confidentiality
Each party may receive non-public information from the other. The receiving party will use confidential information only to perform its obligations or exercise its rights, protect it with reasonable care, and disclose it only to people who need it and are bound by confidentiality obligations. These duties do not apply to information that is public through no breach, already known without restriction, independently developed, or lawfully received from another source.
6. Payment
Fees, billing terms, subscription length, and usage limits are set out at purchase or in an order form. Unless stated otherwise, fees are due in the stated currency and exclude applicable taxes. Subscriptions may renew as described at purchase. Overdue amounts may result in suspension after reasonable notice, and fees are non-refundable except where required by law or expressly agreed in writing.
7. Intellectual property
MergeCom and its licensors own the services, software, documentation, branding, and related intellectual property. These terms do not transfer ownership of the services or customer content. If you provide feedback, MergeCom may use it without restriction or obligation, provided it does not identify you or disclose your confidential information.
8. Warranties
MergeCom warrants that it will provide the services in a professional manner and materially in accordance with published documentation. Except for express warranties in these terms or an applicable order, the services are provided “as is” and “as available.” To the extent permitted by law, each party disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. Except for obligations that cannot lawfully be limited, each party’s aggregate liability arising from the services will not exceed the amount paid or payable for the services during the 12 months before the event giving rise to the claim.
10. Termination
Either party may terminate as provided in an applicable order or if the other party materially breaches these terms and does not cure the breach within a reasonable notice period. MergeCom may suspend access when reasonably necessary to address a security risk, unlawful use, or overdue payment. After termination, access ends and customer content is handled according to the applicable retention and deletion procedures. Provisions that by their nature should survive will remain in effect.
11. Governing law
The governing law and dispute procedures in an applicable order or written agreement control. If no separate agreement applies, governing law and jurisdiction will be determined under applicable law, without regard to conflict-of-law principles. Nothing in these terms limits rights that cannot be waived under applicable law.
12. Changes to these terms
MergeCom may update these terms to reflect changes to the services, law, or business practices. Material changes will be communicated through the services or another reasonable channel before they take effect. The date at the top shows when these terms were last updated. Continued use after an update takes effect constitutes acceptance of the revised terms.
13. Contact information
Questions about these terms may be submitted through the MergeCom support page. Contract notices should be sent using the notice process in your order form or other written agreement.