Terms of Service

1. Agreement and Scope

These Terms of Service govern your access to and use of Mercuri's websites, web and mobile applications, APIs, integrations, and related services (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", "us"). If you use the Services on behalf of a business, you confirm you are authorised to bind that business to these Terms, and "you" means that business.

2. Definitions

• Customer: the business or person that registers for the Services.
• Authorised User: an individual the Customer permits to use its account.
• Contact: a person the Customer messages through the Services.
• Customer Data: contacts, messages, templates, files, AI agent knowledge, and other data you submit to or generate through the Services.
• Connected Account: a third-party account you link to Mercuri, including a Gmail or Outlook mailbox, a WhatsApp Business account, or a CRM, booking, or e-commerce system.
• Channels: email, SMS, and WhatsApp.

3. Accounts and Security

You must provide accurate information, keep credentials confidential, and use reasonable security on the devices and Connected Accounts you use with Mercuri. You are responsible for all activity under your account, including by your Authorised Users and your AI agents, and must tell us promptly about any unauthorised access.

4. Messaging Compliance

Mercuri delivers messages on your instructions. You are the sender of every message, whether you wrote it, scheduled it, or your AI agent generated it. You are solely responsible for complying with the laws of every country you send to and receive from, and with the rules of each Channel. In particular you agree to:

• Get consent first. Obtain and keep records of legally valid consent before sending marketing messages on any Channel, including under the TCPA and CAN-SPAM (US), PECR and UK GDPR (UK), the GDPR and ePrivacy rules (EU), the TRAI regulations (India), and equivalent laws elsewhere. Only message Contacts whose data you have a lawful right to use.
• Honour opt-outs. Stop messaging any Contact who unsubscribes, replies STOP, or otherwise withdraws consent. Mercuri processes STOP keywords and unsubscribe links automatically; you must not work around them or re-add opted-out Contacts.
• Identify yourself. Make clear which business is sending, and include a valid way to contact you or opt out in every marketing message.
• Send lawful, honest content. No spam, deception, phishing, harassment, hate, adult content, illegal goods, or content that infringes others' rights. No content in the categories prohibited by the carriers, Meta, Google, or Microsoft, including SHAFT categories (sex, hate, alcohol, firearms, tobacco) where they are restricted.
• Respect timing rules. Follow quiet-hours and frequency restrictions that apply where your Contacts are located.

5. Channel-Specific Rules

SMS. SMS is delivered through telecoms carriers and is subject to carrier and industry rules, including the CTIA Messaging Principles in the US and 10DLC or sender-ID registration requirements. You must complete any sender registration we ask for and provide accurate information about your use case. Carriers may filter or block messages and we cannot guarantee delivery.

WhatsApp. WhatsApp messages are sent through the WhatsApp Business Platform, and your use is also governed by the WhatsApp Business Messaging Policy and Meta's Business and Commerce Policies. You must use approved message templates for business-initiated messages, respect the customer-service window, and maintain a good quality rating. Meta may restrict or ban your WhatsApp Business account for policy violations, and we are not responsible for Meta's decisions, fees, or availability.

Email from your Connected Mailbox. Email is sent from your own Gmail or Outlook account, not from a Mercuri sending domain. By connecting a mailbox you authorise Mercuri to send email on your behalf and to read replies in the conversations it manages, as described in our Privacy Policy. You must comply with Google's and Microsoft's terms and sending policies, which apply to all email sent from your mailbox. Google and Microsoft set the sending limits, spam controls, and account-suspension rules, and Mercuri is not responsible for messages throttled, bounced, or blocked by them, or for suspension of your mailbox for sending practices. You are responsible for keeping your mailbox in good standing, for including an unsubscribe mechanism in marketing email, and for managing bounces and complaints. You may disconnect a mailbox at any time.

6. AI Agents

Mercuri's AI agents generate messages, answer questions, follow up, and book appointments using the knowledge and rules you configure. AI output can be wrong. You must review your agent's configuration, monitor its conversations, and correct or turn it off if it misbehaves. You are responsible for messages your agent sends as if you had sent them yourself, and for disclosing the use of automation to Contacts where the law requires. Do not rely on AI agents for legal, medical, financial, or safety-critical advice, and do not configure them to collect payment card details or other sensitive data in chat.

7. Connected Accounts and Third-Party Services

The Services interoperate with Connected Accounts and other third-party services. Your use of them is governed by their terms. You confirm you have the right to connect each account and to let Mercuri access the data it exposes. We are not responsible for their outages, policy changes, fees, data handling, or actions, and we may suspend an integration if a provider requires it.

8. Fees, Credits, and Billing

• Fees are set by the plan you select. Some Channels incur usage fees per message or per conversation, which vary by destination country and are passed through from carriers and Meta and may change without notice.
• Subscriptions renew automatically until cancelled. Prepaid message credits are non-refundable and expire according to your plan.
• Fees exclude taxes; you are responsible for applicable VAT, GST, sales, and withholding taxes.
• Fees are non-refundable except where required by law or where we say otherwise in writing.
• We may change subscription pricing with at least 30 days' notice, effective from your next renewal.
• Overdue accounts may be suspended after notice.

9. Customer Data

You own Customer Data. You grant us a limited licence to host, process, transmit, and display it solely to provide, secure, support, and improve the Services and to comply with law. You warrant that you have all rights and consents needed to give us Customer Data, including your Contacts' data and Connected Account data, and to have us process it as described in these Terms and the Privacy Policy.

Where we process Contacts' personal data on your behalf, we act as your processor and you act as the controller. We process such data only on your instructions, apply appropriate security, and assist you with data-subject requests. If your organisation requires a separate data processing agreement, request one at privacy@mercuri.cx and it will govern that processing.

We may use aggregated, anonymised data that does not identify you or any Contact to operate and improve the Services. We do not use Customer Data to train general-purpose AI models.

10. Acceptable Use

You must not: use the Services to break the law or to violate others' rights; send messages to numbers or addresses you have harvested, purchased without consent, or obtained deceptively; interfere with or probe the Services; resell the Services without our written agreement; reverse-engineer the software; or use the Services to build a competing product.

We may monitor for abuse, apply sending limits, require additional verification, and suspend or remove content or accounts that put messaging network reputation, other customers, or Contacts at risk. We will tell you why where the law and security allow.

11. Service Changes, Availability, and Beta Features

We may change or discontinue features with reasonable notice where practical. Interruptions may occur due to maintenance, updates, provider outages, or events beyond our control. Beta or preview features are provided as is and may be changed or withdrawn at any time.

12. Intellectual Property

Mercuri and its licensors own all rights in the Services, including software, models, designs, documentation, and trademarks. We grant you a non-exclusive, non-transferable right to use the Services during your subscription in accordance with these Terms. Feedback you give us may be used without obligation to you.

13. Confidentiality

Each party will protect the other's non-public information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.

14. Warranties and Disclaimers

We will provide the Services with reasonable skill and care. Otherwise, to the maximum extent permitted by law, the Services are provided as is and as available, and we disclaim all other warranties, express or implied. We do not guarantee that messages will be delivered, that Google, Microsoft, Meta, or carriers will accept your traffic, that AI output will be accurate, or that the Services will be uninterrupted or error-free.

15. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business interruption. Our total aggregate liability arising out of or relating to the Services in any twelve-month period will not exceed the fees you paid us in the twelve months before the event giving rise to the claim.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited by law.

16. Indemnification

You will defend and indemnify Mercuri and its officers, employees, and agents against claims, fines, damages, and costs arising from: your messages and their content; your failure to obtain consent or honour opt-outs; your breach of Channel rules, Google's or Microsoft's terms, or applicable law; your AI agent's conduct; or your breach of these Terms. This includes carrier fines and regulatory penalties attributed to your traffic.

17. Term, Suspension, and Termination

These Terms apply while you use the Services. You may cancel at any time in your account settings, effective at the end of the current billing period. We may suspend or terminate your access for non-payment, breach of these Terms, legal or security risk, or if required by a Channel provider. On termination your right to use the Services ends, you may export Customer Data for 30 days, and we will then delete it as described in our Privacy Policy. Sections that by their nature should survive (fees owed, IP, confidentiality, disclaimers, liability limits, indemnity, disputes) survive termination.

18. Governing Law and Disputes

These Terms are governed by the laws of India, where Mercuri is established, and the courts of competent jurisdiction in India will hear any dispute, except that either party may seek injunctive relief in any competent court. If you are a consumer in the UK or EU, you keep any mandatory protections of your local law.

19. Export, Sanctions, and Restricted Use

You may not use the Services in violation of export-control, sanctions, or trade laws, and you confirm you are not a sanctioned person or located in a sanctioned territory.

20. Changes to These Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the app. Continued use after the effective date is acceptance. If you do not agree, cancel before the changes take effect.

21. General

These Terms, the Privacy Policy, and any order form are the entire agreement between us. If a provision is unenforceable, the rest remains in effect. A failure to enforce is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or successor. Notices to us go to support@mercuri.cx; notices to you go to your account email.

22. Contact

Santhe Technology Consulting OPC Pvt LTD (Mercuri)
Support: support@mercuri.cx
Privacy: privacy@mercuri.cx