Terms of Use
Please read these terms carefully before using our AI-powered chatbot solution.
Table of Contents
1. Agreement Acceptance
By signing the Service Agreement with Mercato Agency ("Company"), you ("Client") accept these Terms of Use in full. If you do not agree, do not sign or use the Service.
These Terms, combined with the pricing and performance agreement, constitute the entire binding contract between you and Mercato.
2. Service Description
Mercato provides an AI-powered chatbot solution for fashion e-commerce including:
- •24/7 automated customer support chatbot
- •Personalized product recommendation engine
- •Virtual try-on integration (Gemini API, apparel only)
- •Multi-language support (3 languages per contract)
- •Real-time analytics dashboard
- •Integration with one e-commerce platform (Shopify, WooCommerce, BigCommerce, or custom)
Note: Specific features vary by package tier (Basic, Pro, Enterprise). See Service Agreement for details.
3. Contract Duration & Renewal
3.1 Initial Term
- •Duration: 120 days from go-live date
- •Setup & Onboarding: Weeks 3-4 (not counted in 120-day term)
- •Performance Optimization Period: First few months of the 120-day term
3.2 Auto-Renewal
After 120 days, contract automatically renews for successive 30-day periods. Client may cancel with 30 days written notice before renewal.
3.3 Payment Method
All recurring payments processed via PayPal on the contracted date.
4. Performance Commitment
4.1 Expected Outcome
Mercato aims to deliver a 20-30% relative lift in conversion rate for eligible clients, measured over the first few months of the 120-day term.
Example: If baseline conversion rate is 3.0%, a 20-30% lift means new conversion rate of 3.6%-3.9%.
4.2 Eligibility Requirements
This commitment applies ONLY if:
4.3 If Targets NOT Met
Option A (Default): Mercato provides continued optimization for additional time. Client pays 50% of monthly fee for infrastructure costs.
Option B: Client may request contract termination with no further payment obligations.
Note: No refund of setup/maintenance fees. This is a service commitment, not a monetary refund policy.
5. Liability & Disclaimer
⚠️ Read Carefully
5.1 Limitation of Liability
MERCATO SHALL NOT BE LIABLE FOR:
- ×Indirect, incidental, special, or consequential damages
- ×Loss of revenue, profit, data, or business opportunity
- ×Third-party claims or actions
- ×Performance issues caused by your platform or infrastructure
5.2 Liability Cap
Mercato's total liability shall not exceed zero rupees (INR 0) in any circumstance. You acknowledge Mercato has zero financial liability regardless of cause.
5.3 No Warranty
THE SERVICE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UPTIME.
6. Intellectual Property
6.1 Mercato IP
- • All chatbot code, algorithms, and AI models are Mercato property
- • Non-exclusive license to use Service during contract
- • No reverse-engineering or extraction allowed
6.2 Your IP
- • You retain ownership of product catalog and images
- • License granted to Mercato for Service delivery only
- • You are responsible for IP compliance
Feedback: Any feedback or suggestions you provide become Mercato property with no compensation.
7. Acceptable Use Policy
You agree NOT to:
- ×Use the Service to sell counterfeit, stolen, or infringing products
- ×Engage in illegal activities (fraud, money laundering, etc.)
- ×Attempt to hack, disrupt, or damage Mercato systems
- ×Resell or redistribute the Service to third parties
- ×Create bot traffic or fake engagement to inflate metrics
- ×Violate any local, state, national, or international law
- ×Harass, threaten, or defame any person via the chatbot
⚠️ Violation results in immediate contract termination with no refund.
8. Data Ownership & Export
8.1 Your Data
You retain ownership of:
8.2 Export Rights
Upon termination, request export of all your data in CSV format within 14 days at no charge.
8.3 Data Deletion
30 days after contract end, all your data (except anonymized analytics and legally required records) is permanently deleted.
9. Termination
9.1 Termination by Client
- •After 120-day initial term, cancel with 30 days written notice
- •No refund of service fees paid; setup fees are non-refundable
9.2 Termination by Mercato
Mercato may terminate immediately if:
- • Acceptable Use Policy violation
- • Payment fails for 30+ days
- • Material contract breach not remedied within 7 days
- • Force majeure or business closure
9.3 Effect of Termination
Service access terminates immediately. License expires. All billing obligations end (except past-due amounts). Data deleted per Section 8.
10. Modification of Service
Mercato reserves the right to:
- •Modify, suspend, or discontinue features with 30 days notice
- •Update pricing for new contract periods
- •Perform maintenance with minimal notice
- •Update this Terms document (revised version supersedes prior)
Material changes will be notified via email. Continued use after notice constitutes acceptance.
11. Indemnification
You agree to defend, indemnify, and hold harmless Mercato from:
- •Claims arising from your products, business practices, or data
- •Intellectual property infringement claims related to your products
- •Regulatory violations related to your use of the Service
- •Customer complaints or disputes
- •Any third-party claim related to your use of the Service
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of the Republic of India, without regard to conflict of laws.
12.2 Jurisdiction
You agree to exclusive jurisdiction of courts in India for all disputes.
12.3 Dispute Process
- 1Attempt amicable resolution via email for 15 days
- 2If unresolved, either party may file in Indian civil court
- 3Costs and attorney fees borne by each party
13. Entire Agreement
This Terms document, the Service Agreement, and Privacy Policy constitute the entire agreement. Prior agreements, understandings, or negotiations are superseded. No oral agreements are valid.
14. Severability
If any provision is found unenforceable, it is severed and remaining provisions remain valid.
15. Contact
For terms or legal inquiries, please contact us:
⏱️Response time: 15 business days
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