Terms and Conditions

Welcome to Merge and our website at www.usemerge.com. These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Merge governing the use of our website and Services.

ABOUT US

1. We are Michel Ibele & Raphael Ibele GbR of Marderweg 1, Vogt 88267, Germany (“Merge”, “we”, “us”, or “our”).
2. We operate www.usemerge.com (our “website”) and Merge our proprietary Merge links solution and both collectively our “Services”.
3. To contact us, please email raphael@usemerge.com, call +44(0)15206317487 or write to us at the above address.
4. These Terms were last updated on Tuesday, 19th of September, 2023, and are the current and valid version.

GENERAL TERMS

1. The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our website on these Terms.
3. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Services or your Account at any time, or remove or edit content (including content submitted by you) on our website or on any of our affiliated websites (including social media pages).
4. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our website or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

YOUR ACCOUNT

1. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
  1. you are at least 18 years of age and not a minor in your country of residence or have verifiable parental consent to use our services;
  2. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
  3. you shall ensure that you abide by these Terms.
2. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

TRIAL ACCESS

We may make one or more parts of the Services available to you on a trial basis free of charge until the earlier of: (a) the end of the agreed trial period; (b) the date that you purchase the relevant Service; or (c) termination by us at our discretion. The provisions of these Terms will also apply to the trial period. We may notify you of additional terms that apply to the trial of certain services and any such additional terms are incorporated into these Terms by reference.

FEES, AND PAYMENTS

1. Access to our Services may require payment of subscription fees (“Fees”).
2. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:
  1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
  2. on the renewal date of the subscription period thereafter, without any further action by you.
3. Any Fees due must be paid by their due date for payment, as notified to you. Failure to make timely payment of the Fees may result in the suspension or termination of your access to our Services.
4. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
5. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
6. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
7. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
8. If you wish to cancel your subscription, you may continue to access our Services until the expiry of the subscription period in which the cancellation occurred and shall not entitle you to any refund of the Fees.

REFUNDS

1. We provide digital services, as such content is immediately viewable and usable. Therefore, the following apply:
  1. All Sales Are Final. We do not offer refunds under any circumstances.
  2. No Returns or Exchanges. As we provide a digital service, so returns and exchanges do not apply. We do not offer any kind of returns or exchanges.

TECHNICAL ERROR

In the unlikely event that you are experiencing or have experienced a technical error, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.

CHARGEBACKS

You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any purchase. If you make a payment through and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined in our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

UPLOADING DATA

1. You irrevocably and unconditionally represent and warrant that any of your data uploaded to our Services complies with our Privacy Policy, the German Federal Data Protection Act (“BDSG”) and the EU General Data Protection Regulation (“GDPR”) and any other applicable laws.
2. You are fully responsible for your content uploaded to our website and Services. We will not be responsible, or liable to any third party, for:
  1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website; or
  2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.
3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law.
5. If we processes any personal data on your behalf when performing our obligations under this agreement, you
  1. are the data controller and we are the data processor and in any such case.
  2. acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you are located in order to carry out the Services and our other obligations under this agreement.
  3. must ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;
  4. must ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
6. We will process the personal data only in accordance with the terms of this agreement and your lawful instructions reasonably given by you to us from time to time.
7. You and we agree to take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.

PROHIBITED USES

1. You may use our website and Services only for lawful purposes. You may not use our website:
  1. in any way that breaches any applicable local or international laws or regulations;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
  4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. You also agree:
  1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
  2. not to access without authority, interfere with, damage or disrupt:
  3. any part of our website and Services;
  4. any equipment or network on which our website is stored;
  5. any software used in the provision of our website; or
  6. any equipment or network or software owned or used by any third party.

INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge that all intellectual property rights in our website and Services anywhere in the world belong to us, that rights in our website and Services are licensed (not sold) to you, and that you have no rights in, or to, our website and Services other than the right to use them in accordance with these Terms.
2. Any intellectual property rights in content and data uploaded by you to our website and Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
3. You acknowledge that you have no right to have access to our website and Services in source code form.

WARRANTIES

1. While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the related content, or electronic communications sent by us are free of viruses or other harmful components.

LIMITATION OF LIABILITY

1. We are not liable for the completeness, accuracy or correctness of any information and any related content. You expressly agree that your use of the Services and our website, including reliance on any content and information, is at your sole risk.
2. You agree not to use the Services, our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss or corruption of data or information;
  5. loss of business opportunity, goodwill or reputation; or
  6. any other indirect or consequential loss or damage.
3. Nothing in these Terms shall limit or exclude our liability for:
  1. death or personal injury resulting from our negligence;
  2. fraud; and/or
  3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

INDEMNITY

You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy) or any laws or regulations or otherwise.

OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Germany. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Baden-Württemberg.