Legal

Terms of Service

Effective date: October 24, 2023 • Last updated: February 13, 2026

1. Agreement and Scope

These Terms of Service govern your access to and use of Mercuri's websites, software, APIs, and related services (collectively, the "Services"). By creating an account or using the Services, you agree to these Terms and our Privacy Policy.

Mercuri is operated by Santhe Technology Consulting OPC Pvt LTD ("Mercuri", "we", "our", or "us"). If you use the Services on behalf of a company or organization, you represent that you are authorized to bind that entity to these Terms.

2. Definitions

  • Customer: the legal entity or person that registers for the Services.
  • Authorized User: an individual permitted by a Customer to access the Services.
  • Customer Data: data, content, messages, files, and records submitted to or processed by the Services on behalf of a Customer.
  • Third-Party Services: external platforms, integrations, and providers connected to or used with Mercuri.

3. Accounts and Security

You must provide accurate information and keep account credentials confidential. You are responsible for all activity occurring under your account and for promptly notifying us of any unauthorized access or security incident.

4. Acceptable Use and Messaging Compliance

You agree to use the Services only in compliance with applicable laws, regulations, and platform requirements, including telecom, SMS, and WhatsApp rules.

  • You must obtain and maintain legally valid consent for outbound messaging where required.
  • You must not send spam, deceptive, fraudulent, abusive, or unlawful content.
  • You must honor opt-out requests and maintain compliant contact practices.
  • You are solely responsible for your campaigns, message content, contact lists, and end-user interactions.

5. Subscriptions, Billing, and Fees

Some Services require paid subscriptions and may include usage-based charges. Fees, billing cycles, and included limits are set by your selected plan.

  • Subscriptions renew automatically unless canceled before the next billing period.
  • Fees are non-refundable except where required by law or expressly stated otherwise.
  • You are responsible for all applicable taxes, duties, and government charges.
  • We may update pricing with reasonable prior notice.

6. Service Changes, Availability, and Beta Features

We may modify, improve, or discontinue features from time to time. Service interruptions can occur due to maintenance, updates, provider outages, or factors beyond our control. Beta or preview features are provided "as is" and may change or be removed at any time.

7. Intellectual Property

Mercuri retains all rights, title, and interest in and to the Services, including software, models, documentation, trademarks, and related intellectual property. Except for limited rights expressly granted in these Terms, no rights are transferred to you.

8. Customer Data

You retain ownership of Customer Data. You grant Mercuri a limited, non-exclusive license to host, process, transmit, and use Customer Data solely to provide, secure, support, and improve the Services in accordance with these Terms and applicable law.

You represent that you have all rights and permissions required to provide Customer Data and to authorize Mercuri to process it.

9. Third-Party Services

The Services may interoperate with Third-Party Services (for example messaging providers, CRMs, and payment processors). Your use of Third-Party Services is governed by their terms and policies. Mercuri is not responsible for Third-Party Services or outages, policy changes, fees, or acts of those providers.

10. Confidentiality

Each party may receive non-public information from the other. Each party agrees to use confidential information only for permitted purposes and to protect it using reasonable safeguards.

11. Warranties Disclaimer

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis. Mercuri disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee uninterrupted, secure, or error-free operation.

12. Limitation of Liability

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

Mercuri's total aggregate liability arising out of or related to the Services will not exceed the amount paid by the Customer to Mercuri for the Services during the twelve (12) months preceding the event giving rise to liability.

13. Indemnification

You agree to defend, indemnify, and hold harmless Mercuri and its affiliates, officers, employees, and agents from and against claims, damages, liabilities, and expenses arising from your use of the Services, Customer Data, legal non-compliance, or violation of these Terms.

14. Term and Termination

These Terms remain in effect while you use the Services. We may suspend or terminate access for non-payment, legal risk, security concerns, abuse, or material breach. You may stop using the Services at any time and may cancel according to your plan terms.

Upon termination, rights granted under these Terms end, except provisions that by nature should survive, including fees owed, intellectual property, confidentiality, disclaimers, liability limits, indemnification, and dispute terms.

15. Governing Law and Disputes

These Terms are governed by applicable laws of the jurisdiction where Mercuri is established, without regard to conflict-of-law principles. Any dispute related to these Terms or the Services will be resolved in courts of competent jurisdiction in that venue, unless otherwise required by applicable law.

16. Export, Sanctions, and Restricted Use

You may not use the Services in violation of export control, sanctions, or trade laws. You represent that you are not prohibited from receiving Services under applicable laws.

17. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by posting updated Terms on this page and revising the last-updated date. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

18. General Terms

These Terms constitute the entire agreement between you and Mercuri regarding the Services and supersede prior agreements on the same subject matter. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without prior written consent from Mercuri.

19. Contact

If you have questions about these Terms, contact us at support@mercuri.cx.