Terms & Conditions

Who This Agreement Applies To

This agreement of Terms of Service and Conditions ("Agreement") applies to both Mergelo. ("Mergelo") and whoever is using their service ("Customer" or "you"). The agreement includes these terms and conditions, along with any additional terms that come with specific orders you place. There are some defined terms throughout the agreement (explained in Section 22) and others that you'll understand from the context. If you're using this service for your company, then you're confirming that you have the authority to agree to this on their behalf. Whenever it says "you" in this agreement, it's referring to your company.

When this Agreement Takes Effect

This agreement becomes effective (“Effective Date”) on whichever comes first:

The day you start using the service (through online signup, registration, or ordering)
The day your first order is placed

Keep in mind that Mergelo can change this agreement as allowed in Section 20.1 (titled "Modifications to Agreement").

Agreeing to these Terms

By checking a box, using the service, or simply accessing it, you're agreeing to follow all the rules in this agreement (Terms and Conditions). Both Mergelo and you specifically agree that this is a legal contract that applies to both of you.

1. What the Service Does

The Mergelo service helps to find the best match between vendor companies and channel partners, and share information securely with other businesses ("Partners") who also use it. It connects with your accounts on other platforms ("Third-Party Platforms") and allows you to pick what data you share with each Partner.

2. Using the Service

2.1 What You're Allowed to Do:

For as long as you're subscribed, you can use the service for your internal business needs. This includes following the instructions (Documentation) and this agreement, and any limits on usage mentioned in your order.

2.2 Who Can Use It:

Only authorized users ("Users") can access the service. Each User must keep their login information confidential and avoid sharing it. You're responsible for your Users following the agreement and for their actions within the service (except for misuse caused by Mergelo itself). If you discover a User's login information might be compromised, tell Mergelo right away. Mergelo uses User information as explained in their privacy policy, but that policy doesn't cover your own data ("Customer Data").

2.3 Administrators:

You can designate Users as administrators to manage your account, Users, and your data (as explained in the Documentation). You're entirely responsible for who you choose as administrators and what actions they take. Mergelo isn't responsible for your internal management of the service.

2.4 Sharing Your Data

You can use the service to share your data ("Customer Data") with your Partners or other businesses, following the rules of this agreement (including the Acceptable Use Policy, or AUP). Once you share data, Partners or others can view it, use it for reports, or export it from the service. Mergelo isn't responsible for how others access or use your data after you (or your Users) decide to share it.

2.5 Things You Can't Do

There are some things you can't do with the service, and you can't allow others to do them either. These include:

Giving access to, selling, or sharing the service with anyone else.
Using the service for other businesses or to provide services to them.
Using the service to create something similar to compete with Mergelo.
Trying to uncover the secret code behind the service (unless the law specifically allows it, and even then, you need to tell Mergelo first).
Changing the service or making copies of it (beyond authorized software copies).
Removing labels or other info that shows Mergelo owns the service.
Making public reports about the service's performance.
Interfering with how the service works, trying to get around its security, or testing for vulnerabilities.
Sending viruses or other harmful things through the service.

3. Service Level Agreement (SLA) and Support

While you're subscribed, the service will follow the specific service level agreement (SLA) and Mergelo will provide support according to their Support Policy.

4. Your Data (Customer Data)

4.1 Using Your Data

To provide you with the service, support, and any technical services under this agreement, Mergelo gets permission to use, store, copy, send, show, change, and create new versions of your data ("Customer Data"). This includes sharing it with your Partners as you set it up through the service. Mergelo can also use your data internally to improve the service, even using special techniques (like machine learning), but only if it's not connected to you specifically and is combined with data from other users.

4.2 Keeping Your Data Secure

Mergelo uses reasonable technical and organizational methods to protect the service and your data, as described in the Security Policy.

4.3 Personal Information

Both you and Mergelo agree to follow the Data Processing Agreement (DPA) regarding personal information.

4.4 Where Your Data Is Stored

Mergelo stores and processes your data in the United States.

4.5 Exporting Your Data

While you're subscribed and for 30 days afterward, you can export your data from the service using the methods explained in the Documentation. After that time, Mergelo may delete your data according to their usual procedures.

5. Your Responsibilities

5.1 Using the Service Properly

You're responsible for your data ("Customer Data"), including its accuracy and legality. You agree to follow the law and the Acceptable Use Policy (AUP) while using the service. You also promise that:

You'll follow any requests from people about their data in your system (data subjects), like deletion or opt-out requests, and keep your data updated accordingly. This applies whenever the law requires it.
You've made all necessary disclosures and have permission to use your data with the service, grant Mergelo the rights outlined in section 4.1 (Data Use), and share your data with Partners or others as allowed in section 2.4 (Sharing Data). You confirm this won't violate any laws, third-party rights (including privacy, publicity, or intellectual property rights), or terms or privacy policies that apply to your data.

5.2 Your Partners

You're entirely responsible for managing your relationships with your Partners, including any agreements needed about how they use and protect your data you share with them.

5.3 Prohibited Uses

There are some things you can't use the service for: data that's illegal or restricted ("Prohibited Data") and high-risk activities ("High Risk Activities"). The service isn't designed to meet any legal requirements for these uses, including healthcare privacy laws (HIPAA), and Mergelo isn't a healthcare provider under HIPAA. No matter what else this agreement says, Mergelo isn't responsible for Prohibited Data or if you use the service for High Risk Activities.

6. Suspending Service

Mergelo can suspend your access to the service and anything related to it if you break the rules in sections 2.5 (Restrictions) or 5 (Customer Obligations), if your account is past due by 30 days or more, or if your actions might harm other users or the security of the service. If possible, Mergelo will try to let you know beforehand about a suspension. Once you fix the issue, they'll restore your access according to this agreement.

7. Third-Party Platforms

You can choose to use the service with other platforms ("Third-Party Platforms"). Using these platforms depends on your agreement with that specific provider, not this agreement. Mergelo doesn't control these platforms and isn't responsible for them, including their security, features, operation, availability, how they work together with the service, or how they (or their providers) use your data. If you enable a Third-Party Platform with the service, Mergelo may access and share your data with that platform on your behalf.

8. Technical Services

Any additional technical services you purchase will be as described in the specific order for them. You'll need to give Mergelo access to any information they need to provide these services ("Customer Materials"). If you don't provide this access, Mergelo won't be obligated to deliver the services until you do. Mergelo will only use your materials to provide the technical services. Any deliverables from these services relate to setting up or using the service. You can only use these deliverables as part of your authorized use of the service, following the same terms as sections 2 (The Service) and 5 (Customer Obligations) of this agreement.

9. Billing and Renewals

9.1 Staying Subscribed

Your subscription will automatically renew for another period unless:

You and Mergelo agree on a different renewal period in an order.
You or Mergelo tell the other party at least 30 days before the current subscription ends that you don't want to renew. You can do this by email.

9.2 Fees and Taxes

The fees are listed in each order you place. You'll also be responsible for any reasonable travel and accommodation costs Mergelo incurs when providing technical services. You'll be invoiced for fees according to the schedule in your order, and for reimbursable expenses after they occur. Unless your order says otherwise, all fees and expenses are due within 30 days of the invoice. Late payments will have a service charge added, which is either 1.5% per month or the maximum allowed by law (whichever is lower). Generally, fees and expenses cannot be refunded, except in the following situations covered elsewhere in this agreement: warranty remedy (section 10.2), limitations of liability (section 15.4), modifications to agreement (section 20.1), and the service level agreement (SLA). You're responsible for any sales tax, use tax, GST, value-added tax, withholding tax, or similar taxes that apply to your order (domestic or foreign), except for Mergelo's income tax. Fees and expenses do not include taxes.

9.3 Orders by Affiliates

A company affiliated with you ("Affiliate") can place their own order(s) with Mergelo, if you both agree to it. This creates a separate agreement between your Affiliate and Mergelo that incorporates this agreement, with your Affiliate treated as the "Customer." Neither you nor any of your Affiliates have rights under each other's agreements with Mergelo. If there's a breach or termination of one agreement, it won't affect the other agreement.

10. Warranties and Disclaimers

10.1 What Mergelo Guarantees

Mergelo guarantees to you that:

The service will work as described in the documentation, and they won't significantly reduce the overall functionality of the service during your subscription term (this is called the "Performance Warranty").
They will perform any technical services professionally and competently (this is called the "Technical Services Warranty").

10.2 What Happens if There's a Warranty Breach

If Mergelo breaches the warranty section (section 10.1, Limited Warranty) and you make a specific warranty claim within 30 days of discovering the issue, Mergelo will try their best to fix the problem. If they can't fix it within 30 days of your claim, either you or Mergelo can cancel the affected order related to the non-conforming service or technical services. Mergelo will then refund any pre-paid, unused fees for the canceled portion of your subscription term (for the Performance Warranty) or for the non-conforming technical services (for the Technical Services Warranty). These are the only remedies available to you, and Mergelo's total liability for a warranty breach is outlined in section 10.1. These warranties don't apply to:

Issues caused by misuse or unauthorized modifications of the service.
Issues that are in or caused by third-party platforms or other third-party systems.
Trials, betas, or other free or evaluation uses of the service.

10.3 What Isn't Guaranteed

Except for what's specifically mentioned in the warranty section (Section 10.1 - Limited Warranty), the service, support, technical services, and all related services from Mergelo are provided "as is." This means Mergelo and the companies they work with don't make any other promises about the service, whether written, spoken, implied by law, or otherwise. These include guarantees of merchantability, suitability for a specific purpose, ownership, or not infringing on anything else.

Here are some specific things Mergelo doesn't guarantee, even though they are required to provide support according to the SLA in Section 3:

The service will always work without interruption or errors.
Mergelo will check your data for accuracy.
Your data will never be lost.

Mergelo also isn't responsible for delays, failures, or problems that come with using the internet, electronic communication, or other systems outside of their control. You may have other rights under the law, but any warranties required by law will be limited to the shortest amount of time allowed.

11. Agreement Duration and Termination

11.1 When This Agreement Starts and Ends

This agreement starts on the Effective Date (defined earlier) and continues until all your subscriptions expire or the agreement is terminated.

11.2 Terminating the Agreement

Either you or Mergelo can terminate this agreement (including all your orders) if the other party:

Doesn't fix a major breach of this agreement (including not paying fees) within 30 days of receiving a notice about it.
Stops operating their business without a successor.
Files for bankruptcy or a similar legal proceeding, or if such a proceeding is started against them and not dismissed within 60 days.

11.3 What Happens Upon Termination

Once this agreement or an order terminates, you won't be able to access the service or technical services anymore. However, you can still use the service for a limited time to export your data as described in section 4.5 (Data Export).

Upon termination, if either party requests it, the other party will delete all their Confidential Information (excluding your data, which is covered in section 4.5). Backups may still contain your data and other Confidential Information even after deletion, but they will still be subject to the confidentiality rules of this agreement.

11.4 What Continues After Termination

Even after this agreement terminates, these sections will still apply:

Restrictions on Use (Section 2.5)
Exporting Your Data (Section 4.5)
Your Responsibilities (Section 5)
Fees and Taxes (Section 9.2)
Disclaimers (Section 10.3)
Effects of Termination (Section 11.3)
Survival (Section 11.4)
Ownership (Section 12)
Usage Data (Section 13)
Limitations of Liability (Section 14)
Indemnification (Section 15)
Confidentiality (Section 16)
Required Disclosures (Section 17)
General Terms (Section 21)
Definitions (Section 22)

If there's a breach of this agreement and a specific remedy is provided, enforcing that remedy (including termination) doesn't prevent you or Mergelo from using other legal options available.

12. Ownership

This agreement clarifies what each party owns. You retain ownership of all intellectual property and other rights to your data (Customer Data) and any materials you provide to Mergelo (Customer Materials), except for the rights Mergelo needs to use them as allowed in this agreement. On the other hand, Mergelo and the companies they license from own all intellectual property and other rights to the service, deliverables from technical services, and related technology, templates, formats, and dashboards (including any changes or improvements Mergelo makes). If you give Mergelo feedback or suggestions about the service or their other offerings, they can use those ideas without any restrictions or obligations to you.

13. Usage Data

Mergelo can collect data about how you use the service (Usage Data) and use it for things like running, improving, and supporting the service, as well as other legal business purposes like analytics, comparisons (benchmarking), and reports. However, Mergelo won't disclose Usage Data externally, including in comparisons or reports, unless it's been:

Made anonymous so it can't be used to identify you, your users, or anyone else (de-identified).
Combined with usage data from other Mergelo customers (aggregated).

14. Limitations of Liability

14.1 No Liability for Consequential Damages

Except for the situations mentioned in "Excluded Claims" below, neither you nor Mergelo (nor the companies you work with) will be liable for any damages resulting from this agreement, including loss of use, lost data, lost profits, security failures, business interruptions, or any indirect, special, incidental, reliance, or consequential damages, even if you were told about the possibility of these beforehand.

14.2 Limits on How Much Each Party Can Owe

Except for the situations mentioned in "Excluded Claims" below, the total amount that either party (or the companies you work with) can owe the other party for anything related to this agreement will not be more than the total amount you paid Mergelo for the service in the past 12 months.

14.3 What "Excluded Claims" Are

"Excluded Claims" are:

If you breach sections 2.5 (Restrictions) or 5 (Customer Obligations) of this agreement.
If either party breaches section 16 (Confidentiality) (but not for claims related to your data).
Amounts owed to third parties under the indemnifying party's obligations in section 15 (Indemnification).

14.4 These Limitations Apply No Matter What

The waivers and limitations in this section 14 apply regardless of whether the issue is a breach of contract, tort (including negligence), strict liability, or something else. They will also still apply even if another remedy in this agreement fails to achieve its main purpose.

15. Defending Each Other

This section covers what happens if someone sues one of you for something related to this agreement.

15.1 When Mergelo Will Defend You

Mergelo will defend you if a third party claims that using the service as allowed by this agreement infringes on a U.S. patent, copyright, trademark, or trade secret. They will also cover any damages or costs awarded against you (including reasonable lawyer fees) or agreed upon in a settlement by Mergelo resulting from the claim.

15.2 When You Will Defend Mergelo

You will defend Mergelo if a third party sues them because of your data (Customer Data), materials you provide (Customer Materials), or if you breach or are alleged to have breached section 5 (Customer Obligations) of this agreement. You will also cover any damages or costs awarded against Mergelo (including reasonable lawyer fees) or agreed upon in a settlement by you resulting from the claim.

15.3 How the Defending Happens

The party who is obligated to defend (indemnifying party) must:

Promptly notify the other party (indemnified party) about the lawsuit.
Have the exclusive right to control and direct the investigation, defense, and settlement of the lawsuit.
Get all reasonable cooperation from the other party, at the defending party's expense for reasonable out-of-pocket costs.

The defending party cannot settle a lawsuit without the other party's prior consent if the settlement would require the other party to admit fault or take (or refrain from taking) specific actions (except for actions related to using the service, if Mergelo is the defending party). The indemnified party can participate in the lawsuit with their own lawyer at their own expense.

15.4 Exceptions to Defending Each Other

If there's a claim of infringement, Mergelo has a few options in response, depending on the situation:

Acquire rights for you to keep using the service.
Replace or modify the part of the service that's allegedly infringing, so it doesn't infringe anymore, without affecting the overall functionality of the service.
Terminate the affected order and refund any pre-paid, unused fees for the cancelled portion of your subscription term.

However, Mergelo is not obligated to defend you if:

The infringement resulted from you modifying the service or using it with things not provided by Mergelo (including third-party platforms).
The infringement resulted from using an older version of the software (not the most recent release).
The infringement resulted from unauthorized use of the service.
You settled a lawsuit or admitted fault without Mergelo's prior consent.
The infringement is related to trials, betas, or other free or evaluation uses of the service.
The alleged infringement is not caused by the specific technology or implementation of the service but instead by features common to any similar service.

This section (15) defines your exclusive remedy and Mergelo's entire liability regarding infringement of intellectual property rights of third parties.

16. Keeping Things Confidential

16.1 What's Considered Confidential

"Confidential Information" is any information shared under this agreement that's marked as proprietary or confidential by the party sharing it. It can also be information that, due to its nature and how it's disclosed, should be reasonably understood to be private and important (confidential). For Mergelo, this includes the terms of this agreement and any technical or performance details about the service. For you, this includes your data (Customer Data).

16.2 Keeping Information Secret

Both you and Mergelo agree to:

Keep confidential information secret and not share it with anyone else except as allowed in this agreement, including section 4.1 (Data Use).
Only use confidential information to fulfill your obligations and rights under this agreement.

You and Mergelo can disclose confidential information to your employees, agents, contractors, or other representatives who need to know it to do their jobs (for Mergelo, this includes subcontractors mentioned in section 21.9). However, you both remain responsible for making sure these people follow this confidentiality section and that they are bound by confidentiality obligations that are just as strong as this section.

16.3 Exceptions to Keeping Things Confidential

This confidentiality obligation doesn't apply to information that the receiving party can prove:

Is or becomes public knowledge through no fault of their own.
They already rightfully knew or had before receiving it under this agreement.
They rightfully received from a third party without breaking any confidentiality obligations.
They independently developed without using the other party's confidential information.

16.4 What Happens if Confidentiality is Breached

Unauthorized use or disclosure of confidential information can cause significant harm, and damages alone wouldn't be enough to fix the problem. In addition to other available remedies, either party can seek legal action to stop a breach of this confidentiality section or to prevent a breach from happening.

17. Required Disclosures

Nothing in this agreement prevents either party from disclosing information, including your data and other confidential information, if required by law, subpoena, or court order. However, if allowed by law, the disclosing party must notify the other party beforehand and cooperate in any effort to keep the information confidential. 18. Trials and Betas

18. Trying Out the Service for Free

If you're given access to the service or features of the service for free, as a trial, or as an alpha, beta, or early access offering ("Trials and Betas"), you can only use it for your internal evaluation during the period designated by Mergelo (or for 30 days if no period is designated). Both you and Mergelo can end Trials and Betas at any time for any reason. Trials and Betas may not work perfectly, may be incomplete, or may include features that Mergelo may never release. The features and performance information of Trials and Betas are considered confidential information of Mergelo. Regardless of anything else in this agreement, Mergelo provides no warranty, indemnity, service level agreement (SLA), or support for Trials and Betas, and their liability for Trials and Betas will not exceed US$100.

19. Public Announcements

Neither you nor Mergelo can publicly announce this agreement unless the other party consents beforehand or if required by law.

20. Updates to the Agreement

20.1 Changes to this Agreement

Mergelo can update this agreement from time to time, and they will notify you about these changes. The updates will take effect at the beginning of your next subscription term or order, unless Mergelo specifies an earlier date.

If Mergelo requires changes with an earlier effective date and you object to them, your only option is to terminate this agreement by notifying Mergelo. In this case, Mergelo will refund you any pre-paid service fees for the remaining part of your current subscription term. However, to exercise this right to terminate, you must notify Mergelo of your objections within 30 days after they notify you of the modified agreement. If you continue to use the service after the modified agreement takes effect, this will be considered your acceptance of the changes. Mergelo may also require you to click a button to accept the modified agreement.

20.2 Changes to Policies

The section about modifications (20.1) doesn't apply to changes in policies. Mergelo can update the policies to reflect new features or adjust their practices, as long as they notify you beforehand. However, these changes won't significantly reduce Mergelo's obligations to you during your subscription term.

21. General Terms

21.1 Assigning this Agreement

Neither you nor Mergelo can assign this agreement to someone else without the other party's prior consent. However, both parties can assign the agreement in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of their assets or voting securities. Any attempt to assign the agreement that doesn't comply with this section is void. This agreement will apply to and benefit both party's permitted successors and assigns.

21.2 Laws, Jurisdiction, and Venue

This agreement is governed by the laws of the State of New York and the United States, without regard to conflicts of law provisions and the United Nations Convention on the International Sale of Goods. Any legal actions related to this agreement will be heard in the state and United States federal courts located in New York County, New York State, and both parties agree to the personal jurisdiction of those courts.

21.3 Attorney's Fees and Costs

The party that wins any legal action to enforce this agreement will be entitled to recover their attorneys' fees and costs associated with such action.

21.4 Notices

Unless stated otherwise in this agreement, any notices or consents under this agreement must be made in writing and will be considered delivered:

Upon receipt if delivered personally.
Upon receipt if sent by certified or registered U.S. mail (return receipt requested).
One day after dispatch if sent by a commercial overnight delivery service.

If a notice is for Mergelo, it must be addressed to Mergelo, [Attn: Legal Notice] to legal@mergelo.com.

If a notice is for you, Mergelo can send it to the address you provided at registration. Either party can update their address by notifying the other party. Mergelo may also send operational notices to you by email or through the service.

21.5 Entire Agreement

This agreement (which includes all orders, the policies, and the DPA) constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. Headings in this agreement are for convenience only, and "including" and similar terms are to be construed broadly. This agreement may be signed in counterparts (including electronic copies and PDFs), each of which is considered an original, and all together form one and the same agreement.

21.6 Amendments

Unless otherwise provided in this agreement, any amendments, modifications, or supplements to this agreement must be made in writing and signed by each party's authorized representatives or, if applicable, agreed through electronic means provided by Mergelo. The terms in any of your purchase orders or business forms will not amend or modify this agreement and are expressly rejected by Mergelo. These documents are for administrative purposes only and have no legal effect.

21.7 Waivers and Severability

Waivers must be signed by the authorized representative of the party giving the waiver and cannot be implied from conduct. If any provision of this agreement is found to be invalid, illegal, or unenforceable, it will be limited to the minimum extent necessary so that the rest of this agreement remains in effect.

21.8 Events Beyond Our Control (Force Majeure)

Neither you nor Mergelo will be held liable for any delays or failures to fulfill your obligations under this agreement (except for payment obligations) if they are caused by events beyond your reasonable control. Examples of such events include strikes, blockades, war, acts of terrorism, riots, internet or utility outages, government licensing issues, or natural disasters.

21.9 Subcontractors

Mergelo may use subcontractors to help deliver the service, and these subcontractors may be authorized to exercise certain rights on Mergelo's behalf. However, Mergelo remains fully responsible for their compliance with this agreement and for the overall performance of the service.

21.10 Independent Contractors

You and Mergelo are considered independent contractors, not agents, partners, or joint ventures of each other.

21.11 Export Compliance

You agree to follow all applicable U.S. and foreign export and import laws when using the service. You also confirm that:

You are not on any U.S. government list of prohibited or restricted parties.
You are not located in (or a citizen of) a country that is subject to a U.S. government embargo or designated as a "terrorist supporting" country.
You will not use the service in a way that violates any U.S. export embargoes, prohibitions, or restrictions.
You will not submit any information controlled under the U.S. International Traffic in Arms Regulations to the service.

21.12 Open Source Software

The service may include third-party open source software ("OSS"). You can find a list of the OSS used in the documentation or by requesting it from Mergelo. If an OSS license applies to a part of the service, that license will take priority over this agreement for that specific part.

21.13 Government Users

The service is considered commercial computer software. If the user or licensee of the service is a U.S. government agency, department, or other entity, the following restrictions apply to their use, duplication, reproduction, release, modification, disclosure, or transfer of the service or any related documentation:

Federal Acquisition Regulation 12.212 for civilian purposes
Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes

The service was developed entirely with private funding. Any use beyond what is allowed by these regulations is prohibited.

22. Definitions

Here are some key terms used in this agreement:

Affiliate: A company that is directly or indirectly owned or controlled by a party in this agreement. Ownership refers to having more than half (50%) of the voting rights or shares of the company, and control refers to the power to make decisions about how the company is run.
Acceptable Use Policy (AUP): Mergelo's policy outlining acceptable ways to use the service. You can find the current version at https://www.mergelo.com/legal/security-policy/.
Customer Data: Any information, content, or materials that you (including your users) upload to the service, including from third-party platforms.
Customer Materials: Materials, systems, and other resources that you provide to Mergelo for technical services.
Documentation: Mergelo's user guides and standard technical documents for the service. You can find the current version at https://help.mergelo.com/en/.
Data Protection Addendum (DPA): A separate agreement between you and Mergelo regarding data protection. You can find the current version at https://www.mergelo.com/legal/dpa/.
High-Risk Activities: Activities where using or not being able to use the service could lead to death, injury, or environmental damage. This includes things like life support systems, emergency services, nuclear facilities, self-driving vehicles, and air traffic control.
Laws: All relevant local, state, federal, and international laws, regulations, and agreements, including those related to data privacy, data transfer, anti-competition, international communication, and exporting technical data or personal information.
Order: An order for access to the service, support, technical services, or other related Mergelo services that references this agreement and is either signed by both parties or completed electronically through Mergelo's order system.
Policies: The AUP, Security Policy, Support Policy, and Service Level Agreement (SLA).

Prohibited Data

You cannot store or process any of the following types of data through the service:

Sensitive personal data: This includes information covered by the European Union's General Data Protection Regulation (GDPR) Article 9(1) or any successor legislation. This could be data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or genetic or biometric data used to identify a person.
Protected health information: This includes patient, medical, or other health information regulated by the Health Insurance Portability and Accountability Act (HIPAA).
Financial data: This includes credit card, debit card, or other payment card data subject to the Payment Card Industry Data Security Standards (PCI DSS).
Data with specific regulations: This includes information protected by other laws like the Children's Online Privacy Protection Act (COPPA), Gramm-Leach-Bliley Act (GLBA), or similar rules.
Government identification: This includes social security numbers, driver's license numbers, or other government ID numbers.
Similar data: This includes any data protected under foreign or domestic laws that is similar to the categories listed above.

Service Definitions

Service: This refers to Mergelo's proprietary cloud service, as described in your order and any updates made over time. It includes the software and documentation but not technical services deliverables or third-party platforms.
Software: This refers to any Mergelo client software, scripts, or other code provided for use with the service.
Subscription Term: This is the period for which you have access to the service, as defined in your order.
Support: This refers to the assistance provided for the service, as described in the Support Policy. Your support level will be specified in your order.
Technical Services: This refers to any training, enablement, or other technical services provided by Mergelo related to the service, as identified in your order. This includes services provided by a Mergelo Customer Success Manager.
Third-Party Platform: This refers to any platform, add-on, service, or product not provided by Mergelo that you choose to integrate or use with the service.

User Definitions

User: This refers to any employee or contractor of you or your affiliates that you authorize to use the service on your behalf.