Terms

Terms of Service

Thank you for using MerchPilot. By using MerchPilot, you agree to our Terms of Service, which is a legal agreement. If you are using MerchPilot for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites and Services.

1. Definitions
When we say, “we,” “our,” or “us,” we’re referring to MerchPilot Inc., a Canadian Corporation, our employees, directors, officers, affiliates, and subsidiaries.

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the MerchPilot Services.

When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy.

When we say “Websites,” we mean our websites located at MerchPilot.com and MerchPilot.io including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.

When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up MerchPilot.

When we say “MerchPilot,” we mean our Websites and Services collectively.

When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

2. General Rules
To use MerchPilot, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:

You are responsible for all content you provide and your activities on MerchPilot;
You will use MerchPilot in compliance with all applicable laws, rules, and regulations;
You will not use MerchPilot to solicit the performance of any activity which infringes our rights or the rights of others; and
You will not use MerchPilot to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.

As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use MerchPilot. Your use of MerchPilot is at your own risk.

3. Intellectual Property
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.

We own MerchPilot and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of MerchPilot, our Services, or our content on MerchPilot without our written permission.

You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into MerchPilot or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

4. Passwords and Accounts
We leverage Login By Amazon for authentication. We do not store your login credentials and you are required to maintain your credentials through Amazon’s platform. You’ll require a valid Amazon account to login to MerchPilot.

You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.

5. Payment Terms

Currently MerchPilot is free during our Beta period. When we move to paid plans, all plans will include a free trial.

The free trial offer entitles new, registered users to a fourteen (14) day free trial of the Services. For all plans, you authorize us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.

Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the fourteen (14) day free trial period ends. The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account.

We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to MerchPilot.com, MerchPilot.io or by email.

6. Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Account setting by clicking on your Login name in the left hand nav menu. From there, click Data where you can find an option to delete your account. When you delete, all of your data including your personal information is removed. As well, any personal data stored with 3rd Parties (such as our email provider) will also be deleted. You will not be charged after cancellation. There is no cancellation fee.

In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. Restarting on MerchPilot is easy and you can always recreate your account via our Registration process if the account was deleted in error.

We also reserve the right to refuse service to anyone.

 

7. Indemnification
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of MerchPilot.

8. Representations and Warranties
To the maximum extent permitted by law, we provide MerchPilot on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) MerchPilot will meet your specific requirements, (ii) MerchPilot will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of MerchPilot will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through MerchPilot will meet your expectations, and (v) any errors in MerchPilot will be corrected.

9. Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of MerchPilot and any linked sites and services. Your sole remedy against us for dissatisfaction with MerchPilot is to stop using MerchPilot. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

10. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of MerchPilot, including all disputes, will be governed by the laws of the Province of Ontario, Canada, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the Provincial and federal courts in Canada, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

11. Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.

12. Severability
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.

13. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

14. No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of MerchPilot, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

16. Amendments and Changes to MerchPilot
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance MerchPilot shall be subject to the Terms.

It is your responsibility to check the Terms periodically for changes. Your continued use of MerchPilot following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to MerchPilot, or any portion of MerchPilot for any reason; (2) to modify or change MerchPilot, or any portion of MerchPilot, and any applicable policies or terms; and (3) to interrupt the operation of MerchPilot, or any portion of MerchPilot, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

17. Questions
If you have any questions or concerns about the Terms, please email us at help@MerchPilot.com.

Last updated: April 12, 2018