Terms of Service

1. Agreement to TermsEveryone

We kept these as clear as legal language allows. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “your”, or “User”) and Merba, operated by Visually Affirmed (“Merba”, “we”, “our”, or “us”), a business operating in Ontario, Canada.

By creating an account, accessing, or using the Merba platform at merba.app, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement, and agree to be bound by these Terms. If you are using Merba on behalf of a business, you represent that you have authority to bind that business to these Terms.

If you do not agree to these Terms, you must not use the platform.

2. Description of ServiceEveryone

Merba is a guardian intelligence platform built for independent service providers — hair, nails, barbering, massage, wellness, cosmetic injectors, and more. Merba combines market intelligence, growth recommendations, discovery, booking, and business operations in one system. Merba offers a free tier with core scheduling and discovery visibility, as well as paid plans with additional features including online booking, notifications, intelligence tools, and marketing features. The platform provides:

• Online appointment scheduling and calendar management
• Client profile and history management
• Staff and service configuration tools
• Public-facing online booking pages
• Transactional email and SMS notifications (booking confirmations, reminders)
• Subscription billing management for Merba plans and credits
• Tenant-owned Stripe account connection for customer payments
• Growth recommendations and operational actions informed by business and market signals
• Video advertisement generation using intelligence systems
• Guardian Intelligence Advisor — real-time voice and video consultation powered by live intelligence
• Discovery marketplace listing and booking capabilities

Merba's knowledge infrastructure, intelligence taxonomy, orchestration, prompts, quality controls, creative production logic, and market-analysis methods are proprietary to Merba. Third-party AI models and agents are processors inside that Merba-owned system; we may change providers, models, or agents at our discretion while continuing to apply the data protections described in our Privacy Policy and Intelligence Policy.

We reserve the right to modify, suspend, or discontinue any feature or the Service as a whole at any time, with or without notice. We will make reasonable efforts to notify registered users of material changes.

3. Account Registration and SecurityEveryone

To access Merba, you must register an account with a valid email address and password. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the confidentiality of your login credentials
• Accept responsibility for all activity that occurs under your account
• Notify us immediately at support@merba.app if you suspect unauthorized access to your account

You may not share your account credentials, create accounts for third parties without their knowledge, or use automated means to create accounts. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription Plans and BillingProviders

4.1 Subscription Tiers

Merba offers three subscription tiers: Free ($0/month), Sole Proprietor ($15/month CAD), and Team ($45/month CAD). The Free tier includes calendar scheduling with limited clients and services. Paid plans are billed in Canadian dollars (CAD) on a monthly basis. Subscriptions provide access to platform features (booking, discovery, reports, loyalty), while intelligence credits are purchased separately and are available to all tiers. Current pricing and feature details are published on our pricing page. To the fullest extent permitted by law, Merba may update prices, feature packaging, credit costs, usage fees, and promotional offers at Visually Affirmed's discretion, with or without prior notice.

4.2 Welcome Credits

Sole Proprietor and Team subscriptions include a one-time allocation of welcome credits upon first subscription activation. Free accounts do not receive welcome credits at signup. Welcome credits may be used to access intelligence features (see Section 4.9) and are not refundable and cannot be transferred. Complimentary accounts receive a separate complimentary credit allocation at account creation.

4.3 Complimentary Access

We may, at our sole discretion, grant complimentary (free) access to specific accounts. Complimentary access may be revoked at any time with reasonable notice. Complimentary accounts are subject to all other Terms.

4.4 Payment Processing

Merba uses Stripe, Inc. for payment processing. Merba's own Stripe account is used to collect Merba revenue, including subscription fees, credit top-ups, and other Merba-owned purchases. By providing payment information for a Merba plan or credit purchase, you authorize Stripe to charge your payment method. We do not store credit card data. You are responsible for keeping your billing information current.

Tenant customer payments: If you connect Stripe to accept customer payments for bookings, shop orders, invoices, deposits, no-show fees, or similar business transactions, those payments are processed through your own connected Stripe account. Merba does not collect, hold, or take a percentage of these tenant customer payments. Stripe processing fees, refunds, disputes, chargebacks, taxes, and payout timing for those payments are your responsibility as the connected Stripe account holder, subject to Stripe's terms.

Merba may provide the checkout interface or payment link routing, but for tenant customer payments the business remains the merchant or service provider of record for its own goods and services. Merba is not a party to the service agreement between a provider and its customer.

Stripe Connect terms: By connecting a Stripe account through Merba, you authorize Merba to use Stripe Connect to route payments, payment metadata, refunds, disputes, and payout-related information as needed to provide the Service. Your use of Stripe is governed by the Stripe Connected Account Agreement, Stripe Services Agreement, and any other Stripe terms that apply to you. You are responsible for completing Stripe onboarding, accepting Stripe's terms, maintaining accurate business information, satisfying Stripe verification requirements, and keeping your Stripe account able to accept charges and payouts.

Payment corrections and cost recovery: If a tenant customer payment, refund, dispute, chargeback, reversal, fee, fine, tax issue, negative balance, reserve, failed transfer, compliance issue, or similar payment event causes Merba or Visually Affirmed to incur costs, liabilities, bank fees, Stripe fees, administrative expenses, legal expenses, support expenses, or other losses arising from your business, your customers, your Stripe account, your products, your services, or your use of Merba payment routing, you agree to reimburse Merba promptly upon request. We may invoice you, charge any payment method on file where permitted, apply available credits, withhold optional services, suspend payment-related features, or suspend your account until the amount is resolved.

4.5 Refunds

Subscription fees and credit purchases are non-refundable except where required by applicable law or expressly stated in these Terms. If you cancel your subscription, you retain access to the Service until the end of your current billing period. We do not provide prorated refunds for mid-cycle cancellations.

Refunds, disputes, chargebacks, cancellations, and customer-service issues for tenant customer payments are handled through the provider's connected Stripe account and between the provider and its customer. Merba does not refund or guarantee provider services, products, deposits, or invoices paid to a tenant business. If Merba provides administrative assistance with a refund, dispute, reversal, transfer correction, or payment correction, that assistance does not make Merba the merchant of record and does not transfer financial responsibility from the provider to Merba.

4.6 Taxes

Prices listed may not include applicable taxes (e.g., HST). You are responsible for any taxes applicable to your subscription under Canadian federal and provincial law.

4.7 Price Changes

We reserve the right to change the price of any subscription plan, introduce new pricing tiers, modify credit or usage rates, discontinue pricing, or modify the features included in any plan at any time. To the fullest extent permitted by law, pricing changes may be made at Visually Affirmed's discretion and may occur with or without prior notice. Changes may apply immediately to new purchases, renewals, plan changes, reinstated accounts, optional add-ons, credit packs, feature packs, usage-based fees, or promotional offers. Where applicable law or a billing provider requires notice for an existing recurring charge, we will provide the required notice before the changed recurring charge applies.

We may also introduce new optional or mandatory add-on features priced separately from your base subscription. We are under no obligation to maintain legacy pricing for accounts that change plans, receive discounts, fail payment, lapse, cancel, reactivate, or materially increase usage.

4.8 Usage-Based Fees

Certain features of the Service, including but not limited to SMS notifications sent on your behalf to your clients, may be subject to usage-based fees in addition to your base subscription. Where usage-based fees apply, we will notify you at least 30 days in advance before charging your payment method for such fees.

SMS notifications sent through Merba are delivered via Twilio Inc. and incur per-message costs that we may pass through to you, in whole or in part, depending on your subscription plan. Sole proprietor plan subscribers currently receive a defined SMS allowance as part of their plan. Team plan subscribers may be subject to metered SMS charges based on message volume. Current SMS fee schedules, if applicable, are published in your account settings.

We reserve the right to introduce, modify, or discontinue usage-based fees for any feature with 30 days' notice. Continued use of a feature after notice of applicable fees constitutes your acceptance of those fees.

4.9 Platform Credits

Merba uses a unified credit system to meter access to intelligence features. One credit balance is shared across all features. Credits are consumed as follows:

• Video Advertisements: 35 credits per ad generated
• Short Reels: 5 credits per reel
• Guardian Intelligence Advisor session: 4 credits per session

Credit top-up packs: Additional credits may be purchased at any time, including by Free-tier accounts. Top-up packs are available in fixed quantities at published rates. Credit packs are non-refundable once purchased. Current pack pricing is published on our pricing page.

Feature packs: Pre-bundled credit amounts may be offered as feature packs (e.g., ad packs, advisor session packs). Feature packs resolve to credit balance additions and are subject to the same non-refundable policy as credit top-up packs.

Failed generation refund: If a video advertisement or reel fails to generate due to a technical error on our part (not user-initiated cancellation), the credits consumed for that generation attempt will be returned to your account within 24 hours.

Credit expiry: Trial credits issued at signup are subject to expiry as disclosed at registration. Credits purchased in top-up packs do not expire.

5. Acceptable UseEveryone

You agree to use Merba only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to engage in any activity that is illegal under Canadian federal or Ontario provincial law
• Upload, transmit, or store content that is defamatory, discriminatory, obscene, or harassing
• Attempt to gain unauthorized access to any part of the Service or its underlying infrastructure
• Reverse-engineer, decompile, disassemble, or attempt to extract source code from the platform
• Use the Service to send unsolicited commercial communications (spam)
• Circumvent, disable, or interfere with security-related features of the Service
• Impersonate another person, business, or Merba itself
• Scrape, crawl, or harvest data from the platform using automated tools
• Resell or sublicense access to the Service without our written consent

Violation of this section may result in immediate account suspension or termination without refund.

6. Your Data and Your ClientsProviders

You retain ownership of all data you input into Merba, including your client information, appointment records, and business data (“Your Data”). You are responsible for ensuring that your collection and use of your clients' personal information complies with applicable privacy law, including PIPEDA.

By using Merba, you grant us a limited, non-exclusive license to process Your Data to provide, operate, secure, support, and improve the Service on your behalf. We act as a data processor for the personal information of your clients; you are the data controller.

Tenant-specific business intelligence remains scoped to your business and is not shared with other tenants. Merba may use de-identified, aggregated, or derived operational and quality signals to improve its proprietary intelligence infrastructure, market/category taxonomies, creative quality controls, and product performance, but not client identifiers, chart notes, payment card details, or clinical data.

Upon account termination, you may request an export of Your Data within 30 days. After that period, we reserve the right to permanently delete Your Data from our systems, subject to any legal retention obligations.

7. Health Information & Clinical RecordsProviders

If you use Merba’s charting system to store clinical notes, treatment records, or health-related information about your clients (“Chart Notes”), the following terms apply in addition to Section 6.

7.1 Consent and Responsibility

You are solely responsible for obtaining appropriate patient or client consent before creating, storing, or sharing clinical records through the Merba platform. Merba does not obtain consent from your clients on your behalf. You must ensure that your record-keeping practices comply with all applicable laws and professional standards in your jurisdiction.

7.2 Data Controller / Data Processor

For Chart Notes, you are the data controller and Merba acts as a data processor. We process Chart Notes solely to provide the charting functionality of the Service on your behalf. We do not use Chart Notes for any other purpose, including analytics, marketing, or AI training.

7.3 Encryption and Access Controls

Chart Notes are encrypted at rest (database-level encryption) and in transit (TLS). Access to Chart Notes is restricted to authorized staff members at the business that created them, enforced through role-based access controls. No other business on the Merba platform can access your Chart Notes.

7.4 Regulatory Compliance

If you operate in a regulated health industry, you are responsible for ensuring that your use of Merba complies with all applicable privacy and health information legislation in your jurisdiction, including but not limited to:

• Personal Information Protection and Electronic Documents Act (PIPEDA) — Canada
• Personal Health Information Protection Act, 2004 (PHIPA) — Ontario
• Health Insurance Portability and Accountability Act (HIPAA) — if you serve clients in the United States
• Any other provincial, state, or national health information legislation applicable to your practice

Merba provides technical safeguards — including encryption, role-based access controls, and audit logging — to support your compliance efforts. However, Merba does not provide legal compliance advice and makes no representation that the platform meets any specific regulatory certification or standard. You should consult qualified legal counsel regarding your obligations.

7.5 Data Export and Deletion

Chart Notes are included in data export requests made under Section 6 and in account deletion processes under Section 16. Upon account deletion, Chart Notes follow the same 30-day grace period as other business data before permanent deletion.

8. SMS CommunicationsEveryone

8.1 Client-Facing SMS

By providing a phone number through a Merba-powered booking page, clients consent to receive transactional SMS messages from the service provider whose booking page was used. These messages include appointment confirmations, reminders, cancellation notices, and post-appointment rating requests.

SMS messages are sent via Twilio Inc. Standard message and data rates may apply. Clients may opt out of SMS notifications at any time by contacting the service provider or replying STOP to any SMS message. Once opted out, no further SMS messages will be sent from that provider.

Merba does not initiate unsolicited marketing SMS. All SMS messages are transactional in nature and directly related to a booked appointment.

8.2 SMS Fees for Business Subscribers

SMS notifications sent to your clients are delivered via Twilio Inc. on your behalf. Depending on your subscription plan and message volume, we may charge you for SMS usage as described in Section 4.8. You are responsible for ensuring your clients have provided valid phone numbers and that you have obtained any required consents under applicable law, including Canada's Anti-Spam Legislation (CASL) and PIPEDA.

We reserve the right to suspend SMS functionality for accounts that generate abnormal message volumes, are associated with STOP opt-outs above industry thresholds, or that we determine are sending SMS inconsistent with the transactional purpose of the Service.

9. Merba Discovery & Customer PaymentsCustomersProviders

9.1 How Discovery Bookings Work

Merba Discovery allows customers to find and book services with independent businesses. Each business on Merba is an independent service provider. Merba facilitates discovery, scheduling, and checkout routing, but is not a party to the service agreement between a customer and any provider.

9.2 Tenant-Owned Customer Payments

Customer payments for bookings, shop orders, invoices, deposits, no-show fees, or similar provider transactions are processed through the provider's connected Stripe account. Merba does not collect a commission or percentage from these customer payments. The provider is responsible for Stripe processing fees, refunds, disputes, chargebacks, taxes, payout timing, and customer-service obligations related to those payments.

If a customer payment must be refunded, reversed, disputed, corrected, transferred, reprocessed, or otherwise adjusted, the provider remains financially responsible for the underlying payment, Stripe fees, dispute fees, chargeback amounts, negative balances, taxes, penalties, and any reasonable Merba administrative or legal costs arising from that payment event. Merba may assist with routing or support, but that assistance does not make Merba liable for the provider's customer transaction.

9.3 No-Show Policy & Trust Record

If you fail to attend a confirmed appointment without cancelling in advance, the provider may mark you as a no-show. Merba may maintain a trust record system: repeated no-show incidents may result in a temporary block from making new bookings. Any no-show fee, cancellation fee, or refund decision is handled by the provider through its own connected Stripe account and applicable provider policies.

9.4 Data Sharing in Multi-Provider Bookings

By completing a booking that includes multiple providers, you consent to Merba sharing your name and phone number with each business in that itinerary for the purpose of appointment confirmation and communication. This sharing is limited to the specific booking and does not grant businesses ongoing access to your contact information.

9.4.1 Inter-Business Privacy

Each business participating in a multi-provider booking operates independently. Merba enforces strict data boundaries between businesses in the same itinerary. A business cannot see the names, appointment details, service pricing, or payment information of other businesses in the customer's itinerary. Businesses are informed only that the customer is part of a multi-stop booking and which stop number they represent. This protection ensures competitive fairness and prevents the disclosure of proprietary business information between independent service providers.

Merba does not expose one provider's payment records, service pricing, or customer transaction details to another provider in the same customer journey.

9.5 Phone Verification

Some booking flows may require phone verification via a one-time SMS code (OTP). By providing your phone number, you consent to receiving this verification message. Standard carrier message and data rates may apply.

9.6 Taxes

Merba charges and remits applicable taxes on Merba-owned revenue, such as subscriptions, credit purchases, and any separately disclosed Merba fees. Providers are responsible for determining, collecting, reporting, and remitting any taxes applicable to their own services, products, deposits, invoices, or other customer payments.

9.7 Fee Structure & Direct Payments

Provider customer payments: When a customer pays a provider through a Merba booking page, shop page, invoice link, or similar provider checkout, payment is processed to the provider's connected Stripe account. Merba does not receive any portion of these customer payments. Standard Stripe processing fees, set by Stripe and not by Merba, may apply to the provider.

Merba fees: Merba charges providers only for Merba-owned products and services, including subscriptions, credit top-ups, and any optional add-ons clearly disclosed before purchase.

Corrections and recovery: If Merba incurs a cost because of a provider's customer transaction, Stripe account, refund, chargeback, dispute, failed payout, incorrect business information, violation of Stripe rules, or request for manual correction, the provider agrees to pay Merba for that cost promptly. Recoverable costs may include Stripe fees, banking fees, professional fees, reasonable administrative time, taxes, penalties, and amounts paid or credited by Merba to resolve the issue.

Summary:

9.8 Ad Generation Service

Merba provides a video generation tool that creates promotional videos based on content you provide. You are solely responsible for the accuracy, legality, and originality of all text, images, and other content used in your ads. Merba does not review, endorse, or claim ownership of generated ad content. You grant Merba a limited license to process your content solely for the purpose of generating your requested videos.

9.8.1 Website Content Usage

By providing a website URL, you authorize Merba to access and extract publicly available content from that website — including text, images, and brand elements — for the sole purpose of generating your requested video advertisements. You represent that you have the right to use this content for advertising purposes. Merba does not claim ownership of your content. Derived briefs, strategy outputs, and job records may be retained as part of fulfilling, delivering, and supporting your order.

9.8.2 Intelligence-Generated Content Disclaimer

Merba’s video ad generation service uses Merba’s proprietary intelligence infrastructure, selected AI/model providers, and video rendering infrastructure to produce creative briefs, advertising copy, scene compositions, and rendered video output. Current providers include Anthropic/Claude for language and reasoning tasks, and media-generation providers listed in Section 11. Merba may change providers, models, or agents at its discretion. AI-generated content may contain inaccuracies, errors, or omissions. While we employ quality-control measures including automated review and structural validation, we do not guarantee the factual accuracy, completeness, legal compliance, or fitness for purpose of any AI-generated output.

You acknowledge and agree that:

• You are solely responsible for reviewing all AI-generated content — including text, claims, statistics, and visual elements — before publishing, distributing, or using it in any advertising or marketing capacity
• Merba does not verify the accuracy of AI-generated claims, statistics, testimonials, or other factual assertions, even where such content is derived from your website or inputs
• AI-generated market research, competitive analysis, and industry data included in creative briefs are produced by machine inference and may not reflect current or accurate market conditions
• You bear full responsibility for ensuring that any advertisement you publish complies with all applicable advertising standards, consumer protection laws, competition laws, and industry regulations in your jurisdiction, including but not limited to the Competition Act (Canada), the Consumer Protection Act, 2002 (Ontario), and any applicable self-regulatory advertising codes
• Merba shall not be liable for any loss, damage, regulatory action, or legal claim arising from your use or publication of AI-generated content without adequate review

Where AI-generated output includes citations or source attributions, these are produced by the AI model based on its training data and may reference sources that are outdated, inaccessible, or inaccurately attributed. You must independently verify any cited source before relying on it in published advertising.

10. Intellectual Property

All software, design, trademarks, logos, and content constituting the Merba platform are the exclusive property of Visually Affirmed and are protected by applicable Canadian intellectual property law. These Terms do not transfer any intellectual property rights to you.

Merba also owns its proprietary knowledge infrastructure and intelligence systems, including taxonomies, prompts, orchestration logic, production-brief compilers, quality-control systems, market-analysis methods, provider-routing logic, and recommendation logic. Your use of Merba does not grant any right to copy, extract, reverse-engineer, or commercialize those systems.

You may not copy, reproduce, distribute, modify, or create derivative works of any part of the Service without our express written permission.

11. Third-Party Services

Merba integrates with or relies on the following third-party services to deliver its functionality:

Your use of Merba is also subject to the terms and privacy policies of these third-party providers. We are not responsible for the availability, accuracy, or conduct of any third-party service. Provider changes that do not materially change the categories of data processed or the protections applied to that data may occur without a separate Terms update.

12. Availability and Uptime

We aim to keep Merba available at all times but do not guarantee uninterrupted access. The Service is provided on an “as is” and “as available” basis. We may perform scheduled or emergency maintenance that temporarily affects availability. We will make reasonable efforts to communicate planned downtime in advance.

We are not liable for any loss resulting from downtime, data unavailability, or service interruptions beyond our reasonable control, including interruptions caused by third-party infrastructure providers (Hetzner, Neon, Backblaze, etc.).

13. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Merba is 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, or non-infringement.

You acknowledge that you accept Merba as it is and use it at your own business risk. We do not warrant that the Service will be error-free, that defects will be corrected, that generated outputs will be accurate or profitable, that bookings or payments will produce any particular result, or that the Service or its servers are free of viruses or other harmful components.

14. Limitation of Liability

To the maximum extent permitted by Ontario and Canadian law, Merba and Visually Affirmed shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of or inability to use the Service, including but not limited to lost profits, lost revenue, lost customers, lost bookings, lost data, reputational harm, payment disputes, chargebacks, regulatory issues, professional discipline, business interruption, or losses caused by your reliance on Merba outputs, recommendations, automations, or third-party integrations.

You agree not to hold Merba or Visually Affirmed responsible for losses incurred from using, configuring, relying on, or being unable to use Merba, except to the limited extent such liability cannot be excluded under applicable law.

Our total cumulative liability to you for any claim arising from or related to these Terms or the Service shall not exceed the greater of: (a) the total amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred Canadian dollars (CAD $100.00).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability shall be limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Merba, Visually Affirmed, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any third-party rights; (d) your products, services, customer relationships, advertising claims, or professional obligations; or (e) refunds, disputes, chargebacks, payment corrections, taxes, Stripe account issues, fines, penalties, negative balances, or customer claims arising from tenant customer payments or your connected Stripe account.

16. Fair Use

Merba is designed for normal business use. You agree not to use the Service in a manner that places unreasonable or disproportionate load on our infrastructure, including but not limited to sending abnormally high volumes of SMS or email notifications, importing excessive volumes of client records beyond normal business operations, or using automated scripts to interact with the platform.

We reserve the right to throttle, suspend, or terminate access for accounts that we determine, in our sole discretion, are abusing the Service or adversely affecting the experience of other users. Where possible, we will provide notice and an opportunity to remedy the issue before taking action.

17. Termination

17.1 By You

You may terminate your account at any time by using the “Delete my account” option in Settings, or by contacting us at support@merba.app. Upon termination:

• Your subscription is cancelled immediately (no refunds for partial billing periods)
• Your business listing is removed from the Merba directory
• Pending appointments are cancelled
• Account data is permanently deleted after a 30-day grace period
• Financial records are retained for 7 years per Canadian tax law

17.2 By Us

Merba reserves the right to suspend or terminate accounts that violate these Terms, if required by law, or if we determine in our sole discretion that continued access poses a risk to the Service or other users. In cases of non-payment, we will provide at least 7 days' notice before suspension.

17.3 Effect of Termination

Upon termination, your access to the Service ceases. Provisions of these Terms that by their nature should survive termination (including Sections 10, 13, 14, 15, and 19) shall survive.

17.4 Data Retention After Termination

We retain anonymized financial records for 7 years following account deletion, as required by the Income Tax Act (Canada). All other personal data is permanently deleted within 30 days of account termination.

18. Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Merba, you consent to the collection and use of your information as described in the Privacy Policy.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from these Terms or your use of the Service shall first be addressed by contacting us at support@merba.app to seek an informal resolution. If we cannot resolve the dispute informally within 30 days, the parties agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

20. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or the Service. We will notify registered users by email at least 14 days before material changes take effect. Your continued use of the Service after that date constitutes your acceptance of the revised Terms.

If you do not agree with the updated Terms, you must stop using the Service and may cancel your account before the effective date.

21. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Intelligence Policy, constitute the entire agreement between you and Merba regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.
• Language: These Terms are written in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.

22. Contact

For questions about these Terms of Service: