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Last updated: October 2025
These Terms of Service, which we'll refer to simply
as the "Terms", set out the
rules by which you may use our Services (which are defined below). The Terms
explain how our Services work and provide you with a list of the "dos and
don'ts" when using them. These Terms are more than just rules though –
they form a legally binding contract between us and you that you accept when you
click on the box marked "I agree". Please read through this document
carefully and make sure these Terms are acceptable to you. If you don't agree
to any of these Terms, do not click "I agree" and do not continue
using the Services. If you have any questions, please don't hesitate to contact
us at help@hey-merlin.com.
Table of Contents
1.
The Basics
2.
Our Services
3.
User Accounts
4.
Fees and Payment
5.
Use Restrictions
6.
Representations
7.
Privacy
8.
Intellectual Property
9.
Your Content
10.
Copyright – DMCA
11.
Confidential Information
12.
Indemnification
13.
Disclaimers
14.
Limitation of Liability
15.
Term and Account Termination
17.
Publicity
18.
Force Majeure
19.
Notices
20.
General
***
1.1.
Key Terms.
1.1.1.
We are Magic Merlin Inc.
and we'll refer to ourselves as "Company,"
"us," "our," or "we."
our registration number is 39-2162914.
1.1.2.
When we use the term "you,"
we mean anyone using our Services. If you are registering for the Services on
behalf of a company or organization, the term "you" is also meant to
refer to that company, where it makes sense from the context. When we mean to
refer only to your company, we'll use the term "Customer."
1.1.3.
If the Customer with which you are associated
has signed a separate agreement with us to use our Services, we'll refer to
that agreement as the "Customer Agreement." If there is a
conflict between these Terms and the Customer Agreement, the terms of the
Customer Agreement will override these Terms.
1.1.4.
When we refer to our "Platform,"
we mean our site  and
managing platform which allows our Customers/users to generate their own
website and when we refer to our "Services," we mean any
services available on the Platform, including website generation and/or social
media and marketing services.
1.2.
Privacy. When you use our Services, we collect Personal Data (as defined in the Privacy
Notice) about you. Check out our Privacy Notice at merlin-site.com/privacy for details about the
types of Personal Data we collect, what we do with it, the security measures we
use to keep it safe, and the rights you have regarding your Personal Data.
1.3.
Changes to these
Terms. We may update these Terms from time to time
and will post the updated version on this page with the date it was published.
Please check this page occasionally to make sure you're aware of the Terms that
apply to you. If you continue to use our
Services after we update the Terms, that means that you agree to and accept the
updated version.
2.
Our Services. Subject
to these Terms and the Customer Agreement, Company allows you to use the Services on a
non-exclusive basis for your own/the Customer's internal business purposes.
Our Services
provide a Platform which allows users/Customers to make voluntary choices
regarding use of the data and content publicly available on
their social media accounts and/or websites or other content provided by the
users/Customers in various formats ("Your Content"). The Service
acquires content solely from publicly available sources. The Service does not
access, collect, or use any content that requires a login, circumvents
technical protection measures, or otherwise bypasses access controls. The
Company does not have any affiliation with or endorsement from such third
parties.
You may
use the Platform and Services solely for the purposes of data extraction from
documents shared by you and/or from publicly accessible websites or social
media accounts or from other sources you are authorized to access. The Platform
or Services functionalities may be used solely on such publicly accessible
websites or social media accounts or other sources where their use (including
data extraction) is permitted explicitly or where you are authorized to do so.
Should you instruct us to use the Platform or the Services on certain publicly
accessible websites or social media accounts or other sources and to send you
the extracted data subsequently, you hereby declare and guarantee that use of
the functionalities of the Platform and/or Services as well as the data
extraction on such websites or social media accounts is expressly permitted or
authorized to you. Should the extracted data be comprised of any sensitive
data, confidential data or data protected by copyright or by other intellectual
property right or any third-party right, you must not breach such rights by
using the Platform or the Service in any way. Should you breach this
prohibition, or should you use the Platform or Service functionalities directly
or by means of our company on websites, social media accounts or other sources
that do not permit their use, you shall be fully liable for such a breach and
solely responsible for compensation of any damages incurred by and/or any
claims of the affected third parties; we shall not be liable for any breach of
third-party rights with respect to the usage of the Platform or any Services.
For the
avoidance of doubt, you are also responsible for all the terms and
representations above in case you open up an account
or create a website on behalf of another party. You are solely responsible for
obtaining all consents from such other party.
3.
User Accounts.
3.1.
Creating an Account. In order to use the
Services, you will need to create an account. If you wish, you may connect your
social media account (for verification purposes) Â in order to publish your website. In any case, you represent that third-party account is
yours and you have the right to
use that account with our Services. Â
3.2.
Reservation of Rights. Subject to applicable law, Company may
refuse to open an account for any individual or entity at its sole discretion and/or
limit the number of users the Customer/user may register.
3.3.
Unauthorized Use. You agree to notify us immediately of any
unauthorized use of your account. You are solely responsible for all activity
on your account, even if that activity was not actually performed by you. To
the fullest extent permitted by applicable law, Company will not be responsible
for any losses or damage arising from unauthorized use of your account. While we reserve the right to
investigate suspected violations of these Terms or illegal or inappropriate
behavior through the Services, we cannot guarantee that we will learn of
or prevent any inappropriate use of the Services.
4.1.
Fees.
Company offers its basic services (publication of a website) for free, however,
for a fee, you may upgrade to a premium account in order to
receive additional features and services. The details of each plan, including
the features offered and the pricing of each plan, are listed on the Platform If
you wish to change your plan, your new plan will take effect starting the
following month. We may modify or discontinue the plans that we offer at any time; however, we
will notify you of any material changes that may affect you.
4.2.
Fees. You
agree/the Customer agrees to pay Company the fees specified on the Platform. In
some cases, payments for our services operate on
a pay-as-you-go basis. Charges will be automatically processed when
your account reaches a pre-determined spending threshold or at the start of
your next billing cycle, whichever occurs first.
4.3.
Taxes. Where applicable, taxes,
including VAT, may also be charged. If payments are subject to tax withholding,
the amount to be withheld will be added to the fees charged.
4.4.
Third-Party Processors. If
you are directed to a third-party payment processor, you may be subject to
terms and conditions governing the use of that service. Please review the
payment processor's terms and conditions and privacy notice before using such
services.
5.1.
You may not do or attempt to do or
allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or
software used to provide the Services, including framing or mirroring the
Services; (2) copy, modify, or distribute the Services; (3) circumvent or
interfere with security-related features of the Services or features that
restrict use of or access to any content provided in the Services; (4) use any
robot, spider, site search or retrieval application, or any other process to
retrieve, index, and/or data-mine the content or otherwise circumvent the
navigational structure of the Services; (5) use another's account without
permission; (6) remove, alter,
or conceal any copyright, trademark, service mark or other such notices
incorporated in the Services; and (7) use the Services in any manner not
permitted by applicable law, including all applicable export laws and
regulations to (re)export the Services and/or any related materials in
violation of such laws or use in countries subject to sanctions under
applicable law.
6.1.
Your Representations. By accepting these Terms, you represent
that: (a) you are at least 18 years old and have the ability to form a binding
contract; (b) your use of the Services will not violate any applicable law or
any obligation you have to a third party; (c) all the registration information
you submit is and will remain truthful and accurate;
(d) you have all necessary rights, consents, and licenses needed to provide Company
with access to Your Content as needed to provide the Services; and (e) our use
of Your Content as allowed under these Terms will not cause us to infringe the
rights of any third party. If you are registering on behalf of the Customer,
you further represent that you are authorized to bind the Customer to these
Terms. You also represent that the Customer is duly organized under applicable
law, it has the authority to enter into these Terms,
and that by doing so and using the Service, it will not be in conflict with any
obligations it has to any third party or any legal requirement.
7.
Privacy. If you provide us with any Personal Data about you represent that: (i)
you have provided all necessary notices and have, and will maintain all
necessary rights and legal bases required under applicable law to provide us
with the Personal Data of such individuals in order to allow us to process and share
such data in order to provide the Services and for our internal business
purposes, including the improvement of our Services, all as detailed in our
Privacy Notice; (ii) you will maintain a record of
such legal bases, as required under applicable law; and (iii) you will
not provide us with any sensitive or other
categories of data that are subject to additional protections under law, such
as data regarding children, finance, or health.
8.
Intellectual Property.
8.1.
Our Property. We retain all worldwide
intellectual property rights, title, and interest in our Platform and our
Services, including their overall
appearance and any text, graphics, designs, videos, interfaces, and underlying
source files of the Services, any Content we provide,
and our name, trademarks, and logos. In some cases, we have obtained the right
to use certain elements of our Services from others and in that case, those
elements are owned by their respective owners. Even though we're allowing you
to use our Services, that doesn't mean that we're transferring ownership or any
other rights to you or that we're allowing you to use our name, any trademarks,
logos, or similar property as your own.
8.2.
Your Property. Your Content remains yours and
you are the party making choices with respect to the same, including in
connection with the Services. By allowing us to access Your Content, you allow us to
use it in connection with the Services, including copying, modifying, and
preparing derivative works of it where necessary in order to
provide the Services, as well as for analytics purposes and for improvement of
the Services. If you
provide us with any feedback regarding our Services and/or Platform, you agree
that we may use it and share it freely.
Your Content Restrictions. You are and shall remain at all times fully and solely responsible for Your
Content. You may not provide any Your Content or act in any way that: (i) violates the legal rights of others; (ii) infringes the
intellectual property, moral, publicity, privacy, or other rights of any third
party or will cause us to infringe any such rights; (iii) is (or you reasonably
believe or should believe to be) in furtherance of any illegal, counterfeiting,
fraudulent, pirating, unauthorized, or violent activity; (iv) is in breach of
any applicable laws, rules, or regulations; (v) contains material we reasonably
determine to be offensive, including that which promotes, hate, violence, or
discrimination; (vi) constitutes a harassment or threat; (vii) contains obscene
material; and/or (viii) contains any virus, worm, trojan horse, or other
harmful or disruptive component.
10.
Copyright – DMCA. All Your Content should not violate another's intellectual
property rights. As the provider of your Your Content,
you are responsible for ensuring, to the best of your ability, that the Your
Content is non-infringing. If we are notified that certain Your Content
violates intellectual property rights, we may remove that Your Content at any
time and at our sole discretion, without notifying you, in accordance with the
Digital Millennium Copyright Act of 1998 ("DMCA"). We reserve
the right to take any additional measures we deem appropriate, including
suspending and/or terminating your account. If you believe that something
appearing on the Platform infringes your or
another's intellectual property rights, please notify us at help@hey-merlin.com.
If you believe that a notice has been wrongly filed against you, you may send
us a counter-notice to the address above. Please note that notices and
counter-notices must meet the DMCA's requirements and that there can be
substantial penalties for false claims under the DMCA. We suggest consulting
with your legal advisor before submitting a notice or counter-notice.
11.1.
You agree to indemnify, defend,
and hold harmless Company, its
affiliates, and its/their respective directors, officers, employees,
subcontractors, and agents from and against any claim, damage, or loss, including reasonable court
costs, attorneys' fees, and any fines that
may be incurred, that arise directly or indirectly from your: (a) breach of
these Terms, including any of your representations or warranties, whether
by you or by anyone using your account or device, and whether or not that use
was authorized by you; (b) use or misuse of the Services; (c) violation of any
law or regulation, including breach of applicable data protection laws,
including in connection with Your Content; and/or (d) infringement of any right
of any third party, including in
connection with Your Content.
12.1.
DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS
AVAILABLE" BASIS. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE
TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR
OTHERWISE) ABOUT THE PLATFORM,
SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE
OF GOOD QUALITY, USEFUL FOR YOUR OR THE CUSTOMER'S, AS APPLICABLE, SPECIFIC
NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE
CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES
WILL BE PROVIDED IN A TIMELY MANNER.
12.2.
Third Parties. We cannot control the functionality of services provided by
third parties and assume no responsibility for any telephone or network line
failure or interruption, or traffic congestion on the internet or on
the Services themselves. We cannot control the actions of bad actors and do not
guarantee that we will successfully prevent unauthorized
access to or alteration of the Services.
12.3.
Users. We cannot anticipate or control the actions or inactions
of anyone else, including our clients, users, or unauthorized users. Therefore,
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR
OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), THAT ARE NOT
SOLELY DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
12.4.
Your Content. The Service may access and collect Your Content from third-party
websites on your behalf. Such websites may publish terms of service, usage
policies, and technical restrictions (including "robots.txt" files)
that regulate automated access. While we make reasonable efforts to comply with
applicable laws, we do not guarantee that automated collection will comply with
every such term or policy, and we may decline or suspend collection from
certain sources. You acknowledge that the availability of the Service, and the
resulting content, depends on continued access to such websites and that we are
not responsible for any limitation, change, or termination imposed by third
parties. The Company does not guarantee that it will be able to continue
collecting content from any specific third-party website or platform, and
access to such content may be restricted, suspended, or terminated at any time
without notice.
We take no responsibility for the
accuracy, usefulness, safety,
appropriateness, or non-infringement of any Your Content; your use of any Your
Content is at your own risk. We do not endorse any opinions or recommendations
expressed in any Your Content. We have no obligation to display or maintain any
Your Content and may remove it without notice to you and for any reason. Additionally,
if you remove your content from the applicable website and/or social media
account and also wish to remove it from the website
that we create for you, you will need to actively remove it from the website
that we create.
12.5.
Data Retention. We are not a data
retention service. It is your sole responsibility to back up any data you
provide to us (including any Your Content). If data you provide to us is lost
or corrupted for any reason, we shall not be
responsible for any damage or loss you experience if you are unable to recover
that data.
12.6.
Third-Party Content. Our Platform may provide you with links (including
ads) to third-party sites, apps, platforms and/or services. We make no promises
regarding and are not liable for the content, goods, or services provided by
such third parties, including any payments submitted through such links. We
also cannot make any promises about and are not liable for another party's data
protection policies. When you click on any of these links, you do so at your
own risk. We urge you to exercise caution when using third-party services.
12.7.
The Your Content we collect will be shared
with third-party AI services to: screen and
filter content; generate descriptive text (e.g., "About" sections)
and classify content as personal or business-related. By using our service, you
agree that your data will be shared with these third-party AI providers for
these purposes. We do not guarantee the complete accuracy of AI-generated
or classified content, nor the exclusion of all personal content.
12.8.
In light of the above, you understand that using the
Services entails some degree of risk. When you choose to use the Services, you
do so at your sole discretion and risk. Some
jurisdictions do not allow the exclusion of certain warranties and therefore
some of the above exclusions may not apply to you. Check your local laws for
any restrictions regarding the exclusion of implied warranties.
13. Limitation of Liability.
13.1.
TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY (AND ITS AFFILIATES OR ANY OF THEIR
RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER
OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
14. Term and Account Termination.
14.1.
Term. These Terms will take effect when you accept
them and shall
continue in full force and effect until they are
terminated in one of the ways described below.
14.2.
How to Terminate Your Account. You may request termination of your account
(and, by association, these Terms) at any time through your account settings or
by sending an email to help@hey-merlin.com. We
will process your request promptly after receiving your notice.
14.3.
Termination by Company. We reserve the right to suspend or terminate
your account (and, by association, these Terms) at any time and for any reason
by providing three days' prior notice. We also have the right to suspend or
terminate your account (and, by association, these Terms) immediately if: (i) the Customer
Agreement is terminated for any reason; (i) you
violate the letter or spirit of these Terms; (ii) you engage in fraudulent,
abusive, or illegal behavior or harass or harm other users, third parties, or
our business interests; or (iii) you fail to pay any fees you are required to
pay, including if you initiate a chargeback. If your account is terminated, you
may not rejoin by opening a new account without our permission.
14.4.
Survival. Even if your account is terminated, you will still be bound by
the sections of these Terms which, by their nature, are meant to survive
termination.
15.
Publicity. During the Term, we may display websites
that we create for our users or Customers.
16.
Force Majeure.
Neither party will be liable for any default or delay in its performance of its
obligations under these Terms to the extent caused by a natural disaster, act
of God, act of war or terrorism, riot, third-party labor strike, pandemic, or
other similar occurrence beyond its reasonable control, provided that the
affected party makes all reasonable efforts to comply with its obligations
despite the occurrence. The affected party shall, as soon as reasonably
practicable, notify the other party of the occurrence. It is clarified that
payment obligations hereunder may be delayed due to a force majeure event but
will not be excused.
17. Notices. To
provide an official notice in accordance with these Terms, either we or you may
send a notice by courier, registered mail, or by email to the addresses we
provide to each other. Either party may assume its notice has been received one
after: (1) business day following delivery by courier, four (4) business days
following delivery by registered mail, and one (1) business day after email
transmission.
18. General. These Terms and the Customer Agreement (if
applicable) constitute the entire agreement between us and you regarding our
Services, and any and all other agreements existing
between us regarding the Services are hereby terminated. We may assign our
rights and obligations in these Terms to any third party. You may not assign
any of your rights or obligations in these Terms to anyone else and any attempt
to do so will be void. If either party waives any rights regarding any breach
or default of these Terms, that waiver shall not be deemed to waive any other
breach or default. The courts in the State of Delaware shall have exclusive
jurisdiction over any disputes regarding these Terms. The laws of the State of Delaware
shall govern these Terms without regard to the United Nations Convention on the
International Sales of Goods. In the event that a
court rules that a provision of these Terms is unenforceable, that
provision shall be replaced with an enforceable provision which most closely
achieves the effect of the original and the remaining terms of these
Terms shall remain in full force and effect. Nothing in these Terms
creates any agency, employment, joint venture, or partnership relationship
between us and you, and nothing in these Terms enables you to act on our
behalf.