These Terms of Service (the “Terms”) govern access to and use of merquly.com, the hosted Merquly AI Search service, related account and licensing features, support tools, and the Merquly AI Search for WooCommerce plugin (collectively, the “Services”). By creating an account, purchasing a plan, connecting a website, or using the Services, you agree to these Terms.
If you use the Services for a company or other organization, you represent that you have authority to bind that organization. In that case, “you” and “Customer” refer to that organization. If you do not agree to these Terms, do not use the Services.
1. Eligibility and accounts
You must be at least 18 years old and legally capable of entering into a binding agreement. You must provide accurate account and billing information, keep it current, protect your login and license credentials, and promptly notify us of suspected unauthorized use. You are responsible for activity performed through your account and connected installations, except to the extent caused by Merquly’s breach of these Terms.
2. The Services
Merquly provides hosted indexing, natural-language product discovery, product analysis, store-content answers, licensing, usage measurement, and related tools for WooCommerce stores. Available features and limits depend on the selected plan. Some features require WooCommerce, supported WordPress and PHP versions, background task processing, and a working connection to Merquly.
The Services may evolve. We may add, modify, or discontinue features, provided that we will not materially reduce the core functionality of a paid plan during its current prepaid term without reasonable notice, except where required for security, law, third-party availability, or prevention of abuse.
3. Plans and usage limits
Current prices, billing periods, product limits, monthly AI-search allowances, content-source limits, and included features are shown on the Pricing page and at checkout. The Free plan may be used without a paid subscription but remains subject to its published limits.
Usage is measured by authenticated search and chat requests processed for a connected store. Failed requests that the Service identifies as unsuccessful are not intended to consume the monthly allowance. Allowances reset at the beginning of the applicable billing period and do not roll over unless expressly stated otherwise.
One-time search add-ons apply to the current billing period for the eligible connected account. Unused add-on searches expire at the end of that billing period and are not transferable or redeemable for cash unless the checkout page expressly states otherwise or applicable law requires otherwise.
4. Subscriptions, renewals, and cancellation
Paid plans are billed monthly or yearly as selected at checkout. If the chosen payment method supports recurring payments, the subscription automatically renews for successive periods until cancelled. You authorize the payment provider to charge the then-applicable subscription price and required taxes at each renewal.
You may cancel through your Merquly account or by contacting support. Unless required otherwise by law or stated at checkout, cancellation stops future renewals and takes effect at the end of the current prepaid term. Service may continue through that date. After paid access ends, the connected account may be moved to the Free plan and its limits; content or products above Free-plan limits may stop being available for search.
If a recurring payment fails, the subscription may enter an on-hold or past-due state. We may retry payment, request another payment method, restrict paid features, or downgrade the account after any applicable grace period.
5. Fees, taxes, and refunds
Prices are displayed in the currency shown at checkout. You are responsible for applicable taxes, duties, and charges unless they are collected by us. We may change future prices with advance notice, but a price change will not apply retroactively to a completed billing period.
Except where the checkout page states otherwise, payments are non-refundable after the applicable service period or search add-on has begun. We may provide a refund or credit at our discretion, and we will honor mandatory cancellation and refund rights under applicable law. Nothing in these Terms limits non-waivable consumer rights.
6. Plugin license and hosted-service access
The WordPress plugin code distributed through WordPress.org is licensed under the GNU General Public License, version 2 or later, as stated in the plugin. That open-source license governs your rights in the plugin code. These Terms separately govern access to Merquly’s hosted infrastructure, accounts, plans, AI processing, and related Services.
A Merquly license credential may be connected to one active store domain at a time unless a plan or written agreement states otherwise. You may deactivate an installation and reconnect the license to another store through the supported process. You must not publish, sell, share, or misuse account or installation credentials, circumvent plan limits, or impersonate another customer.
7. Customer data and instructions
You retain ownership of product data, selected store content, and other content you submit to the Services (“Customer Data”). You grant Merquly and its subprocessors a limited, non-exclusive right to host, copy, transform, embed, analyze, transmit, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, and improve the Services, comply with law, and enforce these Terms.
You control which eligible store-content sources are selected. You represent that you have all rights and legal bases needed to provide Customer Data and permit its processing. Do not submit private customer records, orders, passwords, access credentials, protected health information, financial-account data, government identifiers, or other sensitive or regulated information unless Merquly has expressly agreed in writing to support it.
You are responsible for your storefront privacy notice, cookie or storage disclosures, required consent, responses to data-subject requests, product claims, pricing, inventory, shipping and return policies, and all decisions made using outputs from the Services.
8. AI-generated results
AI and semantic-search systems are probabilistic. Results and generated answers may be incomplete, inaccurate, outdated, or inappropriate for a particular purpose. Merquly is designed to ground answers in synchronized store data, but it does not guarantee that every result is correct or that every relevant product will be returned.
You must review your catalog, selected content, configuration, and customer-facing results and correct inaccurate source data. Do not use the Services as the sole basis for medical, legal, financial, safety-critical, employment, credit, housing, or other high-impact decisions.
9. Acceptable use
You must not use the Services to:
- violate law, third-party rights, sanctions, export restrictions, or applicable platform policies;
- submit malware, unlawful content, infringing content, or content intended to deceive or harm;
- collect or expose personal information without an appropriate legal basis and notice;
- probe, scan, disrupt, overload, bypass, or gain unauthorized access to the Services or another customer’s data;
- circumvent usage limits, share installation secrets, fabricate usage, or interfere with metering;
- reverse engineer the hosted Services except where that restriction is prohibited by law;
- use automated requests in a way that materially degrades the Services; or
- represent AI-generated content as verified fact where human review is reasonably required.
We may investigate suspected abuse and suspend affected access where reasonably necessary to protect customers, the Services, or third parties.
10. Third-party services
The Services rely on third parties such as WordPress, WooCommerce, hosting providers, payment processors, email providers, and AI providers. Your use of those products may be governed by separate terms. Merquly is not responsible for third-party products or for failures caused by them, but we will use reasonable efforts to manage the integrations under our control.
11. Intellectual property and feedback
Except for Customer Data and separately licensed open-source components, Merquly and its licensors retain all rights in the hosted Services, branding, documentation, designs, models, workflows, and technology. No rights are granted except those expressly stated in these Terms.
If you provide suggestions or feedback, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or compensation, provided that we do not publicly identify you as the source without permission.
12. Availability and support
We aim to keep the Services available and reliable, but we do not promise uninterrupted or error-free operation unless a separate written service-level agreement applies. Maintenance, internet failures, provider outages, software incompatibilities, security incidents, and events outside reasonable control may affect availability. Support is provided through the channels and service levels described on our website or in a separate written agreement.
13. Suspension and termination
You may stop using the Services and cancel as described above. We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create security or legal risk, abuse the Services, or if continued service becomes unlawful. When reasonable, we will provide notice and an opportunity to cure before termination.
Upon termination, your right to use the hosted Services ends. Provisions that by their nature should survive—including payment obligations, intellectual property, disclaimers, limitations of liability, and dispute terms—will survive. Data deletion and retention are governed by the Privacy Policy and applicable law.
14. Disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available.” Merquly disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage. We do not warrant uninterrupted availability, specific commercial results, perfect search relevance, or the accuracy of AI-generated output.
These disclaimers do not exclude warranties or rights that cannot lawfully be excluded.
15. Limitation of liability
To the maximum extent permitted by law, Merquly will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, data, or business interruption arising from the Services.
To the maximum extent permitted by law, Merquly’s aggregate liability arising out of or relating to the Services will not exceed the amount you paid to Merquly for the Services during the 12 months preceding the event giving rise to the claim. For Free-plan users, aggregate liability will not exceed USD 100. These limitations do not apply where liability cannot lawfully be limited, including liability for fraud or willful misconduct where applicable.
16. Indemnity
To the extent permitted by law, business customers will defend and indemnify Merquly against third-party claims arising from Customer Data, the customer’s storefront or products, unlawful use of the Services, or a material breach of these Terms. This obligation does not apply to the extent a claim was caused by Merquly’s breach, negligence, or willful misconduct.
17. Governing law and disputes
These Terms are governed by the laws of the State of Israel, without regard to conflict-of-law principles. The competent courts of Israel will have exclusive jurisdiction, except where mandatory consumer law gives you the right to bring a claim elsewhere. Before filing a claim, the parties will attempt in good faith for 30 days to resolve the dispute through written notice.
18. General terms
If any provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, except as part of a bona fide sale of your business where the assignee accepts these Terms. We may assign these Terms as part of a merger, reorganization, financing, or sale of the business.
These Terms, the Privacy Policy, the order or checkout terms, and any signed agreement form the entire agreement regarding the Services and supersede prior discussions on the same subject. If a signed agreement conflicts with these Terms, the signed agreement controls.
19. Changes to these Terms
We may update these Terms from time to time. We will post the revised version and update the date above. For material changes affecting paid Services, we will provide reasonable notice. Continued use after the effective date constitutes acceptance, except where applicable law requires another form of consent.
20. Contact
Questions about these Terms: support@merquly.com or the Merquly Help Center.
Privacy questions: support@merquly.com.