Legal
Intelligence Policy
Effective date: September 27, 2026 · Plain language, not legalese
This is the one place on Merba where we use the terms “artificial intelligence” and “AI” directly, because legal disclosure requires plain technical language. Everywhere else on the platform, we call it what it is: intelligence.
On this page
- What AI does on Merba
- Guardian Pro decision intelligence
- Ad Intelligence (video ad creation)
- Market Intelligence (competitor analysis)
- Knowledge & Intelligence panel
- Campaign Studio & generated marketing assets
- Data each feature sees
- Third-party AI and infrastructure providers
- Data retention
- AI training & your data
- Human oversight
- Limitations
- Your rights (PIPEDA)
- Contact
1. What AI does on Merba
Merba uses artificial intelligence in five distinct areas: Guardian Pro decision support, video ad creation, market intelligence analysis, the Knowledge & Intelligence panel, and Campaign Studio marketing assets. Each is described below. AI may help analyze minimized, tenant-scoped operational signals and prepare recommendations, but it does not independently make final decisions about clients, bookings, charting, invoices, payments, prices, publishing, or spending. Material actions remain governed by deterministic permissions, plan gates, state transitions, and owner approval.
Sensitive operational records in Merba stay in protected product workflows: authenticated storage, tenant scoping, booking logic, charting, approvals, invoices, exports, notifications, and payment-metadata routing. Intelligence and media features are separate and use bounded business context plus user-directed or user-approved prompts.
Tenant-specific intelligence features operate in a sovereign loop: data generated through your activity on Merba is processed and returned to you as insight for your business. Your data is not sold and is not shared with other businesses.
Merba's knowledge infrastructure, market-analysis methods, taxonomies, prompts, orchestration, production-brief compilers, creative quality controls, and provider-routing logic are proprietary to Merba. Third-party AI models and agents are replaceable processors inside that Merba-owned system. Any provider, model, or agent change remains subject to the data limits described in this policy.
Merba may use de-identified, aggregated, or derived operational and quality signals to improve that proprietary infrastructure, learn market/category patterns, improve creative QA, and make the product better. Those improvement signals do not include client identifiers, chart notes, payment card details, clinical data, or cross-tenant disclosure of another business's private records.
1A. Guardian Pro decision intelligence
Guardian Pro is an optional paid decision-support layer for eligible workspaces. It evaluates tenant-scoped operating evidence and public market evidence, selects an appropriate versioned analytical framework, prepares a recommendation, records the owner's decision, and measures later outcomes where attribution is supportable.
Operational evidence it may use
- Calendar shape, open capacity, workload, cancellation and no-show patterns
- Service demand, service timing, quote and invoice status, follow-up timing, and return-window patterns
- Aggregated or minimized client segments and outcome signals needed to prepare a relevant owner-reviewed action
- Business profile, services, public prices, owner constraints, previous recommendations, owner corrections, and measured outcomes
- Publicly available local-market, category, offer, pricing, and demand context with source and freshness metadata where available
Data minimization and client identity boundary
Merba may compute operational signals from identifiable tenant records inside its protected application workflows. External AI providers receive only the bounded, minimized context needed for the selected analysis. Broad client lists, raw chart or clinical records, payment card details, private message bodies, and unnecessary direct identifiers are prohibited inputs. When a recommendation identifies clients for follow-up, identity resolution and contact preparation occur inside tenant-scoped deterministic workflows after authorization; the external model does not need the client's direct contact details.
Evidence and uncertainty
A material recommendation is expected to identify its evidence, source timing, assumptions, uncertainty, alternatives, constraints, and an explanation of why the recommendation fits the selected framework. Public market evidence may be incomplete, stale, incorrectly attributed, or unavailable. Merba may defer a recommendation when evidence is insufficient rather than manufacture certainty.
Owner control
Guardian Pro may prepare a draft follow-up, quote, offer, schedule adjustment, campaign brief, or other bounded action. It does not automatically contact a client, send a quote, change a price, publish content, spend money, move an appointment, issue a refund, or make another material external change solely because a model recommended it. The authorized owner or staff member must review and approve any enabled execution step, and normal permissions and state-transition controls still apply.
Learning boundary
Outcomes return to the tenant's own learning history. A later result may update confidence only when the attribution window, comparison basis, data quality, and sample size support that update. Merba does not treat correlation as proof of causation, silently learn from another tenant's private records, or guarantee that a pattern will repeat.
Professional-advice and outcome limitation
Guardian Pro provides business decision support. It is not legal, accounting, tax, investment, medical, clinical, employment, or other regulated professional advice. Expected value, revenue opportunity, demand, retention, conversion, utilization, and forecast figures are estimates, not promises. The business remains responsible for professional review, legal compliance, client consent, and the final decision.
2. Ad Intelligence — video ad creation
When you request a video ad, Merba orchestrates the workflow inside an isolated Merba-controlled runtime and calls only the providers disclosed in Section 7 for the requested work.
What it does
- Scrapes your business website for publicly available information (name, services, images, brand colors)
- Researches the competitive landscape using publicly available market data
- Composes a strategic brief and scene-by-scene plan for your video ad
- Renders a professional video ad using Merba’s server-side rendering stack
- Delivers the completed video for your review before it is published anywhere
Credit cost
Each ad creation consumes a set number of credits from your balance — the same whether you choose a vertical reel (9:16) or a landscape video ad (16:9), since both run the same intelligence workflow. The current credit cost is shown at the point of use. Credits are deducted at the start of the session. Credits are returned for technical failures before delivery and for provider prompt, content, image, likeness, or safety rejections that produce no delivered output. The editable draft and owner-supplied assets remain available for revision.
Data used
Your website content, your service list and pricing, your submitted brief or instructions. No client data, no appointment records, no payment information.
Output storage
Completed video files are stored with Merba's media storage provider and linked to your account. Files remain available through your account until you delete them or they are removed under Merba’s normal storage lifecycle. Supporting job records may be retained for delivery, support, and fraud prevention.
3. Market Intelligence — competitor analysis
Market Intelligence researches your local competitive landscape and identifies verified pricing ranges, service gaps, positioning opportunities, review themes, and market context for your business category. Guardian connects that evidence to the business operating context and applies strategic frameworks only when their minimum evidence requirements are met.
What it does
- Identifies businesses in your category and geographic area using publicly available data sources (OpenStreetMap, public business listings)
- Analyzes publicly available pricing and service offerings from competitors
- Generates strategic insights: where you are priced relative to the market, which segments are underserved, and positioning recommendations
- May apply evidence-qualified 5C, STP, 7Ps, Five Forces, strategic-group, Jobs to Be Done, SWOT/TOWS, PESTLE, price architecture, demand-gap, and competitive-response lenses
- Records confidence, source provenance, owner correction, execution, and measured outcomes so later direction can improve
What it does not do
- It may analyze named booking platforms or competitors when you ask about them or when they are stored in your Intelligence data, but it does not claim access to non-public competitor data
- It does not access non-public data about competitors
- It does not contact competitors or scrape competitor platforms
Tiered intelligence projections
Team and eligible existing Sole Proprietor businesses include one initial Market Intelligence report. Reading a completed report is free. Further owner-requested market refreshes use intelligence credits at the rate disclosed before requesting research; they do not use SMS funds. The operating plan does not include unlimited or automatic weekly paid research refreshes. Guardian Pro includes this market context and adds deeper strategic analysis and recommendations; separately metered uses remain subject to their disclosed charges.
Every account sees a bounded projection of the same tenant-scoped intelligence system. Grandfathered Free accounts may see selected verified public market findings. Grandfathered Sole Proprietor connects those findings to services, pricing, demand, and solo capacity. Team adds provider, workload, and team-capability implications. Guardian Pro unlocks the complete strategic synthesis, prioritized next move, financial scenarios, dynamic calendar direction, owner-reviewable execution, outcome ledger, and persistent learning.
Research is specific to the business's industry, services and location. Publicly listed competitor prices require supporting source evidence and may be incomplete, outdated or not directly comparable. Missing information is not a verified price, and sparse coverage is not proof of low competition. Private client photos, chart notes and message bodies are not inputs to market research.
Team is the operating plan available to new subscribers: CAD $45/month includes three members, including the owner, plus applicable tax. Additional member capacity is planned for a future release and is not currently available for purchase. Existing tenants keep their current plan, price and included allowance. Guardian Pro is a separate optional CAD $199.99/month subscription and is not included in the Team trial. A Team subscription does not unlock Guardian Pro.
Lower-tier previews are not invented promotional copy. They intentionally omit recommendations, private execution payloads, learning-ledger detail, and other higher-tier leverage while preserving the truth and provenance of the visible finding.
Storage
Competitor intelligence is stored in your account and attributed to your business only. It is not shared with other businesses on the platform. You can delete it from your settings at any time.
4. Knowledge & Intelligence panel — your workspace tabs
The Signals, Rivals, Stats, and Creative History tabs in your workspace are populated from your business intelligence data — the structured record Merba builds as you use intelligence features. This is not a generic content feed. Everything shown is derived from what Merba has learned specifically about your business, your market, and your category.
What each tab draws from
- Signals — market intelligence signals generated from your business profile, your market position, and your category. When you refresh your Signals, Merba uses the knowledge it has accumulated about your business to generate specific, actionable intelligence: competitive threats, seasonal opportunities, pricing gaps, and client behaviour patterns. These are not templates; they are generated from your data.
- Rivals — competitor profiles identified through your market intelligence scans. Contains publicly available competitive context: price position, perceived strengths and weaknesses, why clients may choose them over you. Updated when you run or refresh your market analysis.
- Stats — market-level data points relevant to your business category and region. Includes both data specific to your situation and, where relevant, broader category benchmarks. Never client-level data.
- Creative History — a record of the ad angles, messaging directions, and visual approaches used in your previous ad sessions. Used to ensure Merba does not repeat the same creative territory without purpose, and to help you see what has been tried and how it was received.
Weekly intelligence digest
If you are on a paid plan, Merba may send a weekly summary email (Sunday morning) containing new signals and intelligence updates from the past seven days. The digest is generated from your existing business intelligence data — no new data collection occurs in connection with the digest itself.
What this feature does not do
- The panel does not share your data with other businesses on the platform
- It does not expose your tenant-specific intelligence to other businesses
- It does not access your client list, appointment records, or payment information
- Signals and insights are generated for you, not surfaced to third parties
5. Campaign Studio & generated marketing assets
Campaign Studio helps you plan and prepare selected marketing assets, such as premium videos, product images, product motion, campaign images, and multi-shot creative concepts. It uses your selected offering, your saved business profile, your services or products, your brand assets, your instructions, and bounded campaign context.
What it does
- Builds a tenant marketing context from your business profile, services, products, recent campaign or ad history, and Guardian intelligence signals
- Shows which selected outputs are ready or blocked before generation
- Uses tenant-selected prompts and required inputs for each output
- Stores delivered assets with your account for review, download, and use
What it does not do
- It does not expose broad client lists, client contact details, chart notes, payment details, or clinical records to AI or media providers
- It does not silently generate paid assets; selected outputs must pass the required preflight and confirmation steps
- It uses only the selected media workflows shown in this policy.
6. Data each intelligence feature sees
What Merba never shares broadly with internal AI providers
- ✗ Broad client lists, email addresses, phone numbers, addresses, notes, or full client profiles
- ✗ Raw individual appointment records
- ✗ Chart notes and health records are prohibited inputs to ad and market AI prompts
- ✗ Payment or card details
- ✗ Any client data from other businesses on the platform
Ad creation, market analysis, Guardian intelligence, and Campaign Studio use bounded business context: your business profile, services, products, pricing, brand assets, website content, campaign history, and publicly available market data.
| Data type | Ad creation | Market intel | Knowledge panel | Campaign Studio |
|---|---|---|---|---|
| Business name, address | ✓ | ✓ | ✓ | ✓ |
| Your services & prices | ✓ | ✓ | ✓ | ✓ |
| Products and brand assets | On request | — | ✓ | ✓ |
| Website content (scraped) | ✓ | — | — | On request |
| Competitor data | ✓ (research) | ✓ | ✓ | ✓ (summary) |
| Business intelligence taxonomy | ✓ | ✓ | ✓ | ✓ |
| Campaign/ad history | ✓ | — | ✓ | ✓ |
| Client segment counts | ✗ | ✗ | — | Aggregate only |
| Broad client lists / emails / phones / notes | ✗ | ✗ | ✗ | ✗ |
| Raw individual appointment records | ✗ | ✗ | ✗ | ✗ |
| Payment / card details | ✗ | ✗ | ✗ | ✗ |
| Chart notes / health records | ✗ | ✗ | ✗ | ✗ |
✓ = used ✗ = not transmitted to internal AI providers for that feature — = not applicable On request = used only when the requested output needs it Aggregate only = counts or segments, not identifiable client records.
7. Third-party AI and intelligence providers
Merba uses third-party providers for selected intelligence, media, hosting, storage, communication, payment, and integration functions. The Subprocessor Register is the canonical place for provider detail; contractual and security documentation is available upon request where appropriate.
AI and intelligence providers
Approved providers may process the business, creative, image, market, or strategy context needed for the requested feature. Chart notes, health records, chart approvals, broad client lists, client contact details, payment card details, and identifiable appointment records are prohibited inputs to these providers for ad or market intelligence features.
Current active AI and media provider categories are Claude, OpenAI/ChatGPT, Google/Veo, and tightly scoped optional Runway recipe or sound-effect workflows when enabled.
Provider disclosure does not include Merba's proprietary prompts, model routing, compiler logic, internal taxonomies, scoring systems, or production workflow details.
Media, hosting, storage, and integration providers
Merba uses infrastructure providers to host the application, store account and media records, deliver communications, process payment metadata, and support optional integrations. Not every provider receives every category of data.
8. Data retention
- Delivered video ads: Available with your account for 7 days after generation for review and download, then removed through Merba’s cleanup lifecycle. Supporting job and billing records may be retained separately.
- Market intelligence: Stored in your account until you delete it or close your account.
- Business intelligence taxonomy: A structured record of facts Merba has learned about your business through intelligence sessions — your service and pricing profile, market positioning observations, creative history, and strategic notes. It contains no client identifiers, appointment records, payment data, or health information. It accumulates over time and is stored in your account. You can request deletion at any time by emailing privacy@merba.app.
- Delivered Campaign Studio assets: Available with your account for 7 days after generation for review and download, then removed through Merba's cleanup lifecycle. Draft configuration, job, and billing records may be retained separately.
- De-identified learning signals: Aggregated or derived operational, quality, failure-mode, creative-pattern, category, and market signals may be retained to improve Merba's proprietary intelligence infrastructure. These signals are separated from client identifiers, chart notes, payment card details, and clinical data.
- Credit ledger: Transaction records (credits issued, credits consumed, timestamps) are retained for billing and dispute resolution for 7 years per Canadian tax law.
9. AI training and your data
Merba does not use your personal data, client data, chart notes, health records, or payment data to train third-party foundation models.
Merba may use de-identified, aggregated, or derived operational and quality signals to improve Merba-owned prompts, taxonomies, QA systems, production-brief compilers, provider routing, and product behavior. This is internal product improvement, not training a third-party foundation model on your client data.
Provider data-use terms vary by provider and configuration. Merba does not authorize providers to use submitted personal data, chart notes, health records, or payment data to train third-party foundation models. Specific provider terms are available upon request.
Approved AI providers process requests under their respective commercial or API terms. Current AI and media provider categories are summarized in the Subprocessor Register; detailed data-processing terms are available upon request where appropriate.
10. Human oversight
- All AI-generated video ads are delivered to you for review before they are published anywhere. Merba never publishes on your behalf without your explicit approval.
- Market intelligence output is advisory only. Pricing and strategic decisions remain entirely yours.
- Merba’s developer reviews platform-level AI behavior and maintains quality controls over the intelligence workflow.
11. Limitations
- AI-generated market analysis is based on publicly available information and may be incomplete or out of date. It is not a substitute for professional market research.
- AI-generated advertisements are creative works. Review them for accuracy, brand alignment, and compliance with advertising standards before publishing.
- Intelligence features are dependent on the availability of configured third-party services. Service interruptions at those providers may temporarily affect feature availability.
12. Your rights (PIPEDA)
Under Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), you have the right to:
- Access: Request a copy of the personal information Merba holds about you, including your credit history and business intelligence data.
- Correction: Request correction of inaccurate personal information.
- Deletion: Request deletion of your account and associated data. Intelligence data, business taxonomy, and market analysis are deleted within 30 days of account closure. Credit transaction records required for tax purposes are retained for 7 years.
- Withdrawal of consent: You may withdraw consent for intelligence features at any time by discontinuing use of those features. Credits consumed are non-refundable once a session has started.
- Complaints: You may lodge a complaint with the Office of the Privacy Commissioner of Canada at priv.gc.ca.
13. Contact
For questions about how Merba uses artificial intelligence or to exercise your privacy rights:
Merba Corp.
Ontario, Canada
Email: privacy@merba.app
Web: merba.app
Response within 30 days per PIPEDA requirements.