Terms of Service
Last updated: September 2026 · Applies to Merlin Builder and Merlin Organizations
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the services offered by Merlin Software ("Merlin," "we," "us"), including Merlin Builder (AI-powered application creation, deployment, and hosting) and Merlin Organizations (AI agent teams and workflow automation), together with all related websites, APIs, and integrations (collectively, the "Services"). By creating an account or using any of the Services, you agree to these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to it.
2. The Services
Merlin Builder generates, deploys, and hosts websites and web applications from your instructions, including AI code generation, container-based hosting, custom-domain routing, version control, and planning tools. Merlin Organizations provides configurable AI agents that plan, execute, and report on tasks you assign, including integrations with third-party platforms you connect. Features may change, be added, or be removed at any time. We may impose usage limits (including generation, credit, storage, and rate limits) as described in your plan.
3. Accounts & Security
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for safeguarding your credentials and any API keys or tokens issued to you (including keys you supply to us for third-party services). You may not share accounts. Notify us promptly of any unauthorized use. We may suspend accounts that present a security risk to the Services or other users.
4. Billing, Subscriptions & Usage Charges
Paid plans are billed in advance on a monthly or annual basis via our payment processor (Stripe). Metered usage beyond your plan's included allocation (including generations, credits, storage, and overages) is billed as described on the applicable pricing page. Except where required by law, fees are non-refundable, including for partial billing periods, unused allocations, or downgrades. You may cancel at any time; cancellation takes effect at the end of the current billing period. We may change prices with at least 30 days' notice; continued use after a price change takes effect constitutes acceptance. You are responsible for applicable taxes.
5. Acceptable Use
You may not use the Services to:
- create, host, or distribute content that is unlawful, infringing, defamatory, abusive, or deceptive, or that violates the rights (including privacy and intellectual-property rights) of others;
- distribute malware, conduct phishing, send unsolicited bulk communications, or engage in fraud;
- probe, scan, or test the vulnerability of the Services or circumvent authentication, metering, or usage limits;
- resell, sublicense, or white-label the Services without our written agreement;
- direct AI agents to take actions that would violate any law or these Terms — you are responsible for the instructions you give agents and for the actions they take on your behalf;
- use the Services in a manner that imposes disproportionate load or interferes with other users.
We may suspend or terminate accounts, remove content, and disable deployed applications that violate this section, with or without notice depending on severity.
6. Your Content & AI-Generated Output
You retain ownership of the content you submit and, as between you and Merlin, the applications and outputs generated for you by the Services ("Output"). You grant us a limited license to host, store, process, transmit, and display your content and Output solely to operate and improve the Services. We do not use your prompts or Output to train AI models.
AI Output disclaimer: Output is generated by artificial intelligence and is provided without warranty of any kind. It may contain errors, security vulnerabilities, or inaccuracies, and may be similar to output generated for other users. You are solely responsible for reviewing, testing, and validating Output before relying on it or deploying it to production, and for ensuring your use of Output complies with applicable law and third-party rights.
7. Hosting, Availability & Downtime
The Services, including hosting of deployed applications, are provided on an "as is" and "as available" basis without any uptime guarantee or service-level commitment, unless expressly agreed in a separate written agreement signed by Merlin.
To the maximum extent permitted by law, Merlin shall not be liable for any damages, losses, costs, or expenses of any kind — including lost profits, lost revenue, lost data, lost business opportunity, or reputational harm — arising out of or related to any interruption, suspension, degradation, or termination of the Services or of hosted applications, whatever the cause, including without limitation: infrastructure or hardware failures, power or network outages, internet-service or DNS-provider failures, upstream provider outages (including cloud, CDN, TLS-certificate, payment, authentication, and AI model providers), maintenance (scheduled or emergency), security incidents, denial-of-service attacks, force majeure events, or errors in user-supplied or AI-generated code. You agree that you will not bring, and irrevocably waive to the fullest extent permitted by law, any claim for financial compensation against Merlin arising from Service downtime or unavailability.
You are responsible for maintaining independent backups of content and data you cannot afford to lose. Hosting of deployed applications may be suspended for non-payment, acceptable-use violations, or resource abuse.
8. Third-Party Services
The Services interoperate with third-party services (including authentication, payment, AI model, DNS, and integration providers, and services you connect such as GitHub, Discord, or Telegram). Your use of third-party services is governed by their terms, and we are not responsible for their acts, omissions, availability, or data practices. If you supply your own API keys for third-party services, you are responsible for the associated fees and for complying with those providers' terms.
9. Custom Domains
If you connect a custom domain, you represent that you control it and are authorized to point it at the Services. We may issue and manage TLS certificates for connected domains on your behalf and may disable domains that violate these Terms or present a security or abuse risk.
10. Intellectual Property
The Services — including their software, design, branding, and documentation — are owned by Merlin Software and its licensors and are protected by intellectual-property laws. Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you in the Services. Feedback you provide may be used by us without restriction or obligation.
11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL MERLIN, ITS OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) MERLIN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO MERLIN FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR US $100 IF YOU HAVE PAID NOTHING). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
13. Indemnification
You will defend, indemnify, and hold harmless Merlin and its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your content or applications; (b) your use of the Services or Output, including actions taken by AI agents at your direction; (c) your violation of these Terms or applicable law; or (d) your infringement of any third-party right.
14. Suspension & Termination
You may stop using the Services and cancel at any time. We may suspend or terminate your access (and disable hosted applications) for violation of these Terms, non-payment, legal risk, or extended inactivity, with notice where practicable. Upon termination, your right to use the Services ends; sections that by their nature should survive (including 6–13 and 15–17) survive. Following account closure, data handling is governed by our Privacy Policy.
15. Changes to the Services or Terms
We may update these Terms from time to time. Material changes will be announced by reasonable means (such as posting to this page with an updated date or in-product notice). Changes take effect upon posting unless stated otherwise; continued use of the Services after changes take effect constitutes acceptance.
16. Governing Law & Disputes
These Terms are governed by the laws of the United States and the state in which Merlin Software is organized, without regard to conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally by contacting us. Any dispute not resolved informally shall be brought exclusively in the state or federal courts of that state, and you consent to their jurisdiction. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS OR REPRESENTATIVE ACTION.
17. Miscellaneous
These Terms, together with the Privacy Policy and any plan-specific terms, are the entire agreement between you and Merlin regarding the Services. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
18. Contact
Questions about these Terms? Reach us via the contact page.