Terms of Service

1. Agreement to these terms

These Terms of Service form an agreement between you and MerchDraft. By creating an account, accessing the generator, or purchasing a generation pack, you agree to these terms and the policies linked from them.

If you use MerchDraft for a company or other organization, you confirm that you have authority to bind that organization. If you do not agree, do not use the service.

2. Eligibility

You must be at least 18 years old and legally able to enter a binding contract. You may not use MerchDraft if applicable law prohibits you from receiving the service or if we previously suspended your account for a serious violation.

3. What MerchDraft provides

MerchDraft helps ecommerce sellers draft product titles, bullet points, descriptions, search terms, social copy, and product images from information and reference images supplied by the user.

MerchDraft is an editing aid. It is not a marketplace, legal, compliance, tax, advertising, medical, or product-safety advisor. We do not guarantee that any output will be accurate, unique, lawful, non-infringing, approved by a marketplace, or suitable for a particular listing.

4. Accounts and security

You must provide accurate account information and keep access to your email and authentication provider secure. You are responsible for activity performed through your account unless you promptly report unauthorized access.

Accounts and generation balances may not be sold, shared, transferred, or used to provide unauthorized access to third parties.

5. Your content

You retain your rights in product facts, photographs, logos, trademarks, and other content you submit. You grant MerchDraft a limited, worldwide licence to host, copy, format, transmit, and process that content only as needed to provide, secure, support, and improve the service.

You confirm that you have the rights, permissions, and lawful basis needed to submit the content and to instruct us and our providers to process it. Your content must not violate law, contract, privacy, publicity, intellectual-property, or marketplace rights.

6. AI output and intellectual property

Subject to these terms, applicable law, and any rights belonging to others, you may use output generated for your account for your ecommerce business.

AI systems may produce similar or identical material for different users. MerchDraft does not promise exclusivity or that intellectual-property rights will exist in every output. You must perform appropriate reviews before relying on or registering rights in output.

MerchDraft and its licensors retain all rights in the website, code, product design, workflows, trademarks, documentation, and service technology. These terms do not give you ownership of the MerchDraft service or brand.

7. Trial and paid generation packs

New eligible accounts may receive a one-time trial balance. Trial eligibility, size, and availability may change and trial generations have no cash value.

A successfully completed product image uses one generation. Listing copy is included with the associated request. When an image fails before completion, the reserved generation is returned to your balance. A full five-image set can use up to five generations.

Paid packs are one-time purchases and do not automatically renew. Prices, included generations, currency, and taxes are shown before checkout. Unused generations are non-transferable and cannot be redeemed for cash except where required by law or our Refund Policy.

When Paddle checkout is available, Paddle acts as merchant of record and authorized reseller. Paddle processes payment, tax, invoicing, and eligible refunds under its buyer terms and refund policy.

8. Acceptable use

You must follow our Acceptable Use Policy. You may not use MerchDraft for illegal, deceptive, harmful, infringing, exploitative, or abusive activity, or attempt to bypass security, usage, or payment controls.

9. Service changes and third parties

We may add, change, limit, suspend, or discontinue features to maintain security, comply with law, respond to provider changes, or improve the service. We will provide reasonable notice when a material change adversely affects paid access, where practical or legally required.

MerchDraft depends on services provided by Supabase, Render, Cloudflare, MiniMax, OpenRouter, Google, Paddle, and other suppliers. Their availability and terms may affect the service. We are not responsible for third-party services outside our control.

10. Disclaimers

To the maximum extent permitted by law, MerchDraft is provided on an "as is" and "as available" basis. We disclaim implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation.

Nothing in these terms excludes warranties or consumer rights that cannot legally be excluded.

11. Limitation of liability

To the maximum extent permitted by law, MerchDraft will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, data, goodwill, marketplace access, or business opportunity.

To the maximum extent permitted by law, MerchDraft's total liability arising from the service will not exceed the amount you paid for MerchDraft during the 12 months before the event giving rise to the claim.

These limitations do not apply where liability cannot legally be limited, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence where applicable.

12. Business-user indemnity

If you use MerchDraft for business purposes, you will defend and indemnify MerchDraft against third-party claims, losses, and reasonable costs arising from your content, published listings, products, violation of these terms, or infringement of another person's rights, except to the extent caused by MerchDraft's own breach or misconduct.

13. Suspension, termination, and account deletion

You may stop using MerchDraft or delete your account at any time. Account deletion permanently removes access to saved drafts and private assets, subject to limited legal and backup retention described in the Privacy Policy.

We may restrict or suspend access when reasonably necessary to address security risk, fraud, payment disputes, unlawful conduct, material policy violations, provider requirements, or harm to users or the service. Where appropriate, we will provide notice and an opportunity to remedy the issue.

14. Disputes and applicable law

Before filing a claim, contact us and give both sides a reasonable opportunity to resolve the issue. These terms are governed by the laws applicable to the MerchDraft service operator, without limiting mandatory consumer protections that apply where you live. Disputes may be brought before a court with competent jurisdiction.

15. Changes to these terms

We may update these terms to reflect service, provider, legal, or security changes. The updated terms apply from the stated effective date. We will provide additional notice for material changes when required.