Terms of Service

These Terms of Service govern your use of mercably.com and the content and materials we publish on it. By accessing or using the site, you agree to these terms. If you do not agree, do not use the site.

1. About Us

The site is operated by mercably, LLC, a limited liability company formed under the laws of the State of Delaware, United States. References to "mercably", "we", "us", or "our" refer to mercably, LLC. References to "you" refer to the visitor or user of the site.

2. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the site. The site is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided information through the site, please contact us so we can take appropriate action.

3. Use of the Site

You may use the site for lawful purposes only. You agree not to misuse the site, including by attempting to gain unauthorized access, interfering with normal operation, scraping at a rate that degrades service, reverse engineering or decompiling any part of the site, or using the site to send unsolicited communications. We may suspend or restrict access to the site, without notice, to protect its integrity, security, or availability.

4. Privacy

Your use of the site is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the site, you also agree to the terms of the Privacy Policy.

5. Intellectual Property

All content on mercably.com, including text, graphics, logos, code samples, and articles, is owned by mercably, LLC or its contributors and is protected by applicable intellectual property laws. Unless otherwise indicated, code samples published on mercably.com are made available under the MIT License. You may quote short excerpts of our written content for non-commercial purposes with attribution and a link back. You may not republish, repackage, or redistribute substantial portions without prior written consent. The mercably name and logo are trademarks of mercably, LLC. You may not use them without our prior written consent, except in factual references to mercably.

6. Feedback

If you send us comments, suggestions, or other feedback about the site, you grant mercably, LLC a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, and incorporate that feedback for any purpose, without obligation or attribution to you. You represent that any feedback you submit is your own and does not violate the rights of any third party.

7. Copyright Complaints

If you believe that content on the site infringes your copyright, please send a written notice to [email protected] that includes: (a) a description of the copyrighted work you claim has been infringed; (b) the URL or location of the allegedly infringing material on the site; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature. We will respond to valid notices in accordance with the Digital Millennium Copyright Act.

8. Third-Party Links

The site may link to third-party websites and services that we do not control. We are not responsible for the content, policies, or practices of those sites. Linking does not imply endorsement.

9. No Warranties

The site is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the maximum extent permitted by law, mercably, LLC, its founders, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the site, even if advised of the possibility of such damages. The foregoing limitations do not apply to liability arising from gross negligence, willful misconduct, or fraud. Subject to the foregoing, our aggregate liability for any claim arising out of or relating to these terms or the site will not exceed one hundred United States dollars.

11. Indemnification

You agree to defend, indemnify, and hold harmless mercably, LLC and its founders from any third-party claims, damages, or expenses, including reasonable attorneys' fees, arising from your misuse of the site or your violation of these terms. mercably will (a) promptly notify you of any such claim, (b) provide reasonable cooperation in the defense, and (c) allow you to control the defense and settlement, provided that any settlement requiring an admission of liability or an affirmative obligation on mercably's part requires mercably's prior written consent.

12. Changes to These Terms

We may update these Terms of Service from time to time. When we do, we will update the "Last updated" date above. Continued use of the site after changes are posted constitutes acceptance of the updated terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. The exclusive jurisdiction and venue for any dispute arising from or relating to these Terms or the site will be the state and federal courts located in New Castle County, Delaware. Each party irrevocably waives any right to a trial by jury in any such dispute. Each party also waives any right to participate in a class, collective, or representative action. Any claim arising out of or relating to these Terms or the site must be brought within one year of the date the cause of action accrued, or be forever barred. The prevailing party in any action to enforce these Terms is entitled to recover its reasonable attorneys' fees and costs.

14. General

These Terms are the entire agreement between you and mercably, LLC regarding the site, and supersede any prior agreements on the same subject. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our written consent. mercably may assign these Terms in connection with a merger, acquisition, or sale of assets. Notices to mercably should be sent to [email protected]; notices to you may be posted on the site or sent to any email address you have provided. Sections 5, 6, 9, 10, 11, 13, and 14 survive any termination of these Terms.

15. Contact

Questions about these terms can be sent to [email protected].

This document is provided for transparency and is not legal advice.