Terms and Conditions of Use for Merlin
These Terms and Conditions of Use ("Terms") govern your use of the Merlin product ("Product") developed and provided by Foyer Tech Incorporated, a company registered in Delaware, United States ("Foyer Tech," "we," or "us"). By accessing or using the Product, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Product.
1. Acceptance of Terms
By accessing or using the Product, you represent and warrant that you are of legal age to enter into a binding agreement and have read, understood, and agree to be bound by these Terms. If you are using the Product on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.
2. License and Intellectual Property
Foyer Tech grants you a limited, non-exclusive, non-transferable, and revocable license to use the Product, subject to these Terms. All intellectual property rights in the Product, including but not limited to trademarks, copyrights, patents, and trade secrets, are and will remain the exclusive property of Foyer Tech.
3. User Obligations

a. You agree to use the Product only for lawful purposes and in accordance with these Terms.

b. You are responsible for maintaining the confidentiality of any account credentials or login information associated with the Product.

c. You agree not to use the Product to:

  • - Violate any applicable law or regulation.
  • - Infringe upon the rights of others.
  • - Transmit any viruses, malware, or harmful code.
  • - Interfere with or disrupt the Product or its associated networks and systems.
  • - Attempt to gain unauthorized access to the Product or any user accounts.
4. Privacy
Your privacy is important to us. Our Privacy Policy describes the information we collect, how we use it, and your rights regarding your personal data. By using the Product, you consent to the collection and use of your information as described in the Privacy Policy.
5. Disclaimer of Warranties

a. The Product is provided on an "as is" and "as available" basis. Foyer Tech makes no warranties, express or implied, regarding the Product, including but not limited to its accuracy, reliability, suitability, or availability.

b. Foyer Tech does not warrant that the Product will be uninterrupted, error-free, or secure, or that any defects will be corrected.

c. Your use of the Product is at your own risk, and you are solely responsible for any damage or loss resulting from such use.

6. Limitation of Liability

a. To the maximum extent permitted by law, Foyer Tech and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, resulting from your use of the Product.

b. Foyer Tech's total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you, if any, for accessing and using the Product during the six (6) months preceding the claim.

7. Modifications and Termination

a. Foyer Tech reserves the right to modify or discontinue the Product, or any portion thereof, at any time without prior notice.

b. Foyer Tech may also modify these Terms from time to time. Any changes will be effective immediately upon posting the revised Terms on the Product's website.

c. If you violate these Terms, Foyer Tech may terminate your access to the Product, without prejudice to any other rights or remedies available to us.

8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
9. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
10. Entire Agreement
These Terms constitute the entire agreement between you and Foyer Tech regarding the use of the Product and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.
11. Excessive, Exploitative or Harmful Usage

Merlin determines that following attempts are liable both immediate or temporary suspensions of use with no refunds. List of attempts: 1) sharing accounts between multiple humans or bots/ai, 2) putting sexually explicit content to ai, 3) attempts to instigate violence via AI response, 4) run scripts over merlin to exploit ai, 5) having really high usage costs to Merlin, which is 2.5x or more than the monthly fees charged by Merlin, 6) anything which in the discretion of the company can be held is an outlier usage activitiy

12. Right to terminate usage temporarily

For paid accounts, usage beyond $80 costs as determined by Merlin team internally, will lead to immediate termination of use for that month. For paid account, usage beyond $10 cost per day as determined by Merlin internally, will lead to immediate termination of use for that day. This is to ensure that capacity provided by Merlin is not exploited to an order of magnitude that makes it very hard to provide service to other customers, or which makes running the platform extremely unsustainable. Continuous violation of this, can lead to permanent account suspension.

If you have any questions or concerns about these Terms, please contact us at dpo@getmerlin.in