Thank you for being a customer of Merge, operated by Merge Labs Ltd ("we", "us", "our" or "Licensor"). 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.
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.
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.
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.
You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
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.
For annual plans, we may display approximate monthly prices for reference purposes only. These prices might be rounded down or up to the nearest cent or a similar amount in other currencies. The total annual price, however, is the definitive and binding price for such plans.
We reserve the right to cancel a user's subscription at our sole discretion, at any time, and for any reason.
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, distribute, 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.
The Services may enable access to our and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any of our Services or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this agreement or that infringes the intellectual property rights of us or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
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.
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.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
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.
Your rights under this agreement will terminate automatically if you fail to comply with any of its terms.
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.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
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.
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.
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.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
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.
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.
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.
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.
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.
If you have questions about these Terms, please contact us at contact@merge.watch.
These Terms of Service were last updated on 2024-12-13.