These Terms of Service ("Terms") set out the rules by which you may use our Services. They form a legally binding contract between us and you that you accept when you click "I agree." Please read through this document carefully. If you have any questions, contact us at help@hey-merlin.com.

1. The Basics

Key Terms

We are Magic Merlin Inc. ("Company," "us," "our," or "we"). Our registration number is 39-2162914. When we use "you," we mean anyone using our Services. If you are registering on behalf of a company or organization, "you" also refers to that company where context allows ("Customer").

If the Customer has signed a separate agreement ("Customer Agreement"), the Customer Agreement will override these Terms in case of conflict.

Platform & Services

"Platform" refers to our site and managing platform which allows Customers/users to generate their own website. "Services" means any services available on the Platform, including website generation and/or social media and marketing services.

Privacy

When you use our Services, we collect Personal Data about you. See our Privacy Notice for details about how we handle your data.

Changes to These Terms

We may update these Terms from time to time. If you continue to use our Services after updates, you agree to the updated version.

2. Our Services

Subject to these Terms and any Customer Agreement, Company allows you to use the Services on a non-exclusive basis for your own or the Customer's internal business purposes. The Services provide a Platform allowing users to make voluntary choices regarding use of data and content publicly available on their social media accounts and/or websites ("Your Content").

The Service acquires content solely from publicly available sources and does not access content requiring login or that circumvents access controls. You may use the Platform solely for data extraction from documents shared by you and/or from publicly accessible sources you are authorized to access.

You are responsible for ensuring your use of the Platform and Services does not breach any third-party rights. You are also responsible for all terms and representations above when opening an account or creating a website on behalf of another party.

3. User Accounts

Creating an Account

To use the Services, you need to create an account. If you connect a social media account for verification, you represent that you own that account and have the right to use it with our Services.

Reservation of Rights

Company may refuse to open an account for any individual or entity at its sole discretion and/or limit the number of users the Customer may register.

Unauthorized Use

You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if not performed by you. Company will not be responsible for losses arising from unauthorized use of your account.

4. Fees and Payment

Company offers its basic services (publication of a website) for free. For a fee, you may upgrade to a premium account for additional features. Plan details and pricing are listed on the Platform. We may modify plans at any time with notice of material changes.

You agree to pay the fees specified on the Platform. In some cases, payments operate on a pay-as-you-go basis. Where applicable, taxes including VAT may be charged. If directed to a third-party payment processor, you may be subject to their terms.

5. Use Restrictions

You may not do or allow a third party to:

1. Decipher, decompile, disassemble, or reverse-engineer any code used to provide the Services
2. Copy, modify, or distribute the Services
3. Circumvent or interfere with security features of the Services
4. Use robots, spiders, or similar tools to retrieve, index, or data-mine content
5. Use another's account without permission
6. Remove, alter, or conceal any copyright or trademark notices in the Services
7. Use the Services in any manner not permitted by applicable law

You may not use our Services if doing so is unlawful. We will cooperate with law enforcement regarding violations of these Terms.

6. Representations

By accepting these Terms, you represent that:

1. You are at least 18 years old and can form a binding contract
2. Your use will not violate any applicable law or third-party obligation
3. All registration information is truthful and accurate
4. You have all necessary rights and licenses to provide Company access to Your Content
5. Our use of Your Content will not infringe third-party rights

7. Privacy

If you provide us with any Personal Data, you represent that you have provided all necessary notices and maintain all necessary rights under applicable law to allow us to process such data for providing the Services and our internal business purposes. You will not provide us with sensitive categories of data subject to additional legal protections.

8. Intellectual Property

Our Property

We retain all worldwide intellectual property rights in our Platform and Services, including their appearance, text, graphics, designs, videos, interfaces, source files, content, name, trademarks, and logos. Using our Services does not transfer ownership or rights to you.

Your Property

Your Content remains yours. By allowing us access, you permit us to use it in connection with the Services, including copying, modifying, and preparing derivative works as necessary to provide the Services and for analytics and improvement purposes. Any feedback you provide may be used and shared freely.

9. Your Content

You are solely responsible for Your Content. You may not provide content that violates legal rights, infringes intellectual property, furthers illegal activity, breaches applicable laws, contains offensive material, constitutes harassment, contains obscene material, or includes harmful components such as viruses.

10. Copyright – DMCA

All Your Content should not violate another's intellectual property rights. If we are notified of violations, we may remove content at our discretion under the DMCA. We reserve the right to suspend or terminate your account. Please notify us at help@hey-merlin.com regarding any intellectual property concerns.

11. Indemnification

You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective directors, officers, employees, subcontractors, and agents from any claim, damage, or loss arising from your breach of these Terms, misuse of the Services, violation of law, or infringement of third-party rights.

12. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE PLATFORM OR SERVICES, INCLUDING QUALITY, FITNESS FOR PURPOSE, ACCURACY, OR RELIABILITY.

We cannot control third-party services, bad actors, or user actions. We take no responsibility for the accuracy, safety, or non-infringement of Your Content. We are not a data retention service — it is your responsibility to back up data. The Services may share Your Content with third-party AI services for content screening, text generation, and classification.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM.

14. Term and Account Termination

These Terms take effect when you accept them and continue until terminated. You may request termination through your account settings or by emailing help@hey-merlin.com. We reserve the right to suspend or terminate your account with three days' notice, or immediately if you violate these Terms, engage in fraudulent behavior, or fail to pay required fees. Sections meant to survive termination remain binding.

15. Publicity

During the Term, we may display websites that we create for our users or Customers.

16. Force Majeure

Neither party will be liable for default or delay caused by natural disasters, acts of God, war, terrorism, pandemics, or similar occurrences beyond reasonable control. Payment obligations may be delayed but not excused.

17. Notices

Official notices may be sent by courier, registered mail, or email. Delivery is assumed after one business day (courier), four business days (registered mail), or one business day (email).

18. General

These Terms and any Customer Agreement constitute the entire agreement between us. We may assign our rights to any third party; you may not assign yours. The courts in the State of Delaware shall have exclusive jurisdiction. Delaware law governs these Terms. If any provision is unenforceable, it will be replaced with the closest enforceable equivalent. Nothing in these Terms creates any agency, employment, joint venture, or partnership.