1. Acceptance of Terms
By accessing or using MerchantDesk's platform, website, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.
If you do not agree to these Terms, you may not access or use the Services.
2. Description of Services
MerchantDesk provides a customer support platform designed for e-commerce merchants, including but not limited to:
- Live chat and ticket management tools for handling customer inquiries.
- A community forum for merchant-to-merchant and merchant-to-support discussions.
- Knowledge base and documentation resources.
- Analytics and reporting dashboards.
- Integration capabilities with third-party e-commerce platforms.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.
3. Account Registration
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Keep your login credentials confidential and not share them with third parties.
- Notify us immediately of any unauthorized access to your account.
- Accept responsibility for all activities that occur under your account.
4. Acceptable Use
You agree not to use the Services to:
- Violate any applicable laws, regulations, or third-party rights.
- Transmit spam, unsolicited communications, or malicious code.
- Post content that is defamatory, obscene, fraudulent, or harassing.
- Attempt to gain unauthorized access to any part of the Services or related systems.
- Scrape, crawl, or extract data from the Services without our written consent.
- Impersonate any person or entity or misrepresent your affiliation.
- Interfere with or disrupt the integrity or performance of the Services.
5. Intellectual Property
All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, and software — are owned by MerchantDesk Inc. and are protected by applicable intellectual property laws.
You retain ownership of content you submit to the Services. By submitting content, you grant MerchantDesk a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content solely for the purpose of operating and improving the Services.
6. Subscription and Billing
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as explicitly stated in our refund policy. We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.
7. Termination
Either party may terminate the agreement at any time. You may cancel your account through the account settings. We may suspend or terminate your access if you violate these Terms, with or without notice. Upon termination, your right to use the Services ceases immediately.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCHANTDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10. Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in San Francisco County, California.
11. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on our platform at least 14 days before the changes take effect. Continued use of the Services after the effective date constitutes acceptance.
Contact Us
If you have any questions about this policy, please contact our legal team at [email protected] or write to us at: MerchantDesk Inc., 340 Pine Street, Suite 800, San Francisco, CA 94104, United States.