Terms of Service

Introduction

Thank you for being a customer of Merge, operated by Merge Labs Ltd ("we," "us," or "our"). Please read these Terms of Service carefully before using our Service. These Terms of Service ("Terms") govern your access to and use of our applications, websites, and services (collectively, the "Services"). By downloading, installing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

Use of Services

You may use our Services only as permitted by law and in accordance with these Terms. You are solely responsible for all activity related to your use of the Services and for ensuring compliance with these Terms.

We prohibit any unauthorized or improper use of our Services, including attempting to access restricted areas of the Services or interfering with Service operations. Any attempt to reverse engineer, decompile, or analyze the underlying code of the Services is strictly forbidden and may result in immediate termination of your account.

If you are under the age of 18, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If you are under 13, you are not permitted to use the Service, and we do not knowingly collect information from users under 13. We reserve the right to suspend or terminate accounts if we believe they are being used by individuals without appropriate consent.

Registration for Services

To access certain features, you may need to subscribe via the Apple's App Store, or by providing a username, a valid email address, and other information as required. You are responsible for maintaining the confidentiality of your account access details and for all activities under your account. Accounts are personal to you and must not be shared or transferred to others.

You must notify us immediately of any suspected unauthorized use of your account or subscription. We reserve the right to cancel subscriptions that we reasonably believe contain false information or violate these Terms.

Privacy Policy

Your privacy is important to us. Our collection and use of your personal information are governed by our Privacy Policy, which is part of these Terms. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

Subscription and Fees

Our Services may offer subscription plans, including monthly and yearly options. Subscription fees are subject to change, and we reserve the right to adjust pricing at our discretion. You agree to pay all fees associated with your subscription. Changes to subscription fees will not affect existing subscriptions until renewal.

You may cancel Your Subscription renewal through Your Account settings in the App Store app. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Except when required by law, paid Subscription fees are non-refundable.

We reserve the right to cancel a user's subscription at our sole discretion, at any time, and for any reason.

Content and Intellectual Property

All content, trademarks, and intellectual property on the Services are the exclusive property of Merge Labs Ltd or its licensors. You are granted a limited, personal, non-transferable, non-sublicensable, worldwide, and non-exclusive license to use our content solely for your personal, non-commercial use.

Your license to use our content does not include the right to copy, modify, create derivative works, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Services. Any violation of this provision may result in account termination and legal action where applicable.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Third-Party Content and Links

The Services may contain links to third-party websites. We do not endorse or assume responsibility for any third-party websites, their content, or their privacy practices. Accessing third-party websites is at your own risk, and we advise you to review their terms and privacy policies.

User Conduct

Users must not attempt to gain unauthorized access to our Services, servers, or any related systems. Attacks such as denial-of-service attacks are prohibited, and we will cooperate with law enforcement to report any such offenses. Unauthorized access may lead to immediate suspension of your account and potential legal consequences.

We reserve the right to retain and, if necessary, disclose user content to comply with legal requirements, enforce our Terms, respond to claims of rights violations, or protect the safety of our users and the public.

Termination of Account

We reserve the right, at our sole discretion, to suspend, modify, or terminate your subscription and access to the Services at any time, including for any violation of these Terms. Upon termination, your license to use the Services is automatically revoked, and we reserve the right to delete your account and associated data.

If your account is terminated for a violation of these Terms, any remaining subscription time will not be refunded. Following termination, all rights granted to you under these Terms will cease immediately.

Data Security

We use cutting-edge technology, encryptions, and industry-standard practices to protect your data and secure our Services. However, due to the constantly evolving challenges in cybersecurity, we cannot guarantee absolute security. By using our Services, you acknowledge that you do so at your own risk concerning data and cyber security.

Limitation of Liability

Our Services are provided "as is" and "as available," without warranties of any kind. To the fullest extent permitted by law, Merge Labs Ltd and its affiliates, officers, directors, shareholders, employees, and agents shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services. Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied, regarding the operation, availability, quality, accuracy or reliability of the Services.

In case of any claim despite the above, our total liability in any claim relating to the Services will not exceed the fees paid by you for the Services in the 12 months preceding the initial incident giving rise to liability.

Indemnity

You agree to indemnify and hold Merge Labs Ltd, its affiliates, officers, employees, and agents harmless from any claims, damages, or expenses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will otherwise remain in full force and effect. Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Force Majeure

We will not be liable for any failure to perform any obligation under these Terms if the failure is due to any event beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, and governmental restrictions.

No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

We may assign or transfer our rights and obligations under these Terms to any third party without restriction and without prior notice to you. You may not assign or transfer any rights or obligations under these Terms to another party without our prior written consent. Any attempted assignment in violation of this provision will be null and void.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Israel. Any disputes related to these Terms or the Services will be resolved exclusively in the courts of Tel Aviv, Israel.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

User Feedback

Any feedback, comments, material or suggestions (collectively "Feedback") you may provide, via the Apps, e-mail, phone, or otherwise, regarding the Services, is entirely voluntary and we will be free to use such Feedback as we see fit and without any obligation to you.

You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Merge Labs Ltd concerning the use of our Services and supersede any prior agreements or understandings.

Changes to Terms

We may update these Terms periodically. Changes will be posted on this page with an updated effective date. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

Contact Us

If you have questions about these Terms, please contact us at contact@merge.watch.

Last Updated

These Terms of Service were last updated on 2024-10-22.