Legal
Terms of Service
Last updated: March 5, 2026
1. Agreement
These Terms of Service govern your use of Mercial websites and services, including software development, automation, integration work, digital marketing services, media buying, and creative production. By using our website or engaging our services, you agree to these terms.
2. Scope of Services
Project scope, deliverables, timelines, and pricing are defined in a separate written proposal, statement of work, or service agreement. If there is a conflict, that signed agreement controls for the project.
3. Client Responsibilities
You agree to provide timely access to required systems, assets, approvals, and feedback. Delays in access, approvals, or content may affect delivery timelines and outcomes.
4. Fees and Payment
Fees, invoicing, and payment terms are described in your project agreement. Unless otherwise stated, invoices are due upon receipt. Late payments may pause work and may be subject to additional charges allowed by applicable law.
5. Intellectual Property
Each party retains ownership of its pre-existing intellectual property. Upon full payment, client-specific deliverables are assigned or licensed to you as defined in your project agreement. Mercial retains rights to general know-how, frameworks, and non-client-specific methods.
6. Third-Party Platforms
Our services may involve third-party platforms and vendors (for example: hosting providers, analytics tools, ad networks, or payment platforms). Your use of those services is also subject to their terms and policies. Mercial is not responsible for outages, policy changes, or account actions by third-party providers.
7. Marketing and Ad Accounts
For paid media management, you are responsible for ad spend unless otherwise agreed in writing. Campaign performance depends on market conditions, platform behavior, competition, audience factors, and budget; specific outcomes are not guaranteed.
8. Warranties Disclaimer
Services and website content are provided on an "as is" and "as available" basis to the maximum extent permitted by law. Mercial disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, Mercial is not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill. Total liability for claims related to services is limited to fees paid to Mercial for the specific service giving rise to the claim during the prior three months.
10. Indemnification
You agree to indemnify and hold Mercial harmless from claims, liabilities, and expenses arising from your content, instructions, legal compliance obligations, or misuse of delivered systems.
11. Termination
Either party may terminate services as allowed in the project agreement. Fees for work performed through the termination date remain payable. On termination, each party will return or delete confidential information as required by agreement or law.
12. Changes to Terms
We may update these Terms periodically. Updated terms are effective on posting. Continued use of our website or services after posting constitutes acceptance of the updated Terms.
13. Contact
For questions about these Terms, please use our contact page: /contact-us