Terms of Service

1. What MerchIntel Provides

MerchIntel is an informational research tool for Merch by Amazon sellers. Our platform helps you research niches, analyze competition, track trends, build dashboards, manage notes, and check trademarks using a database of over 6 million continuously updated designs.

Important: MerchIntel is not a legal advisor, financial advisor, or business consultant. Trademark search results are informational only and do not constitute legal advice. Always consult a qualified attorney for trademark filings or legal decisions.

MerchIntel is not affiliated with, endorsed by, or sponsored by Amazon or the Merch by Amazon program. Design data shown is sourced from publicly available Amazon listings.

We provide our service on a best-effort basis. Data may not be real-time, and we do not guarantee 100% accuracy or completeness of any information displayed on our platform.

2. Account Registration

To use MerchIntel, you must create an account. You agree to provide accurate, complete information and keep it up to date.

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.

You are responsible for maintaining the security of your account credentials. Any activity that occurs under your account is your responsibility. Notify us immediately at support@merchintel.com if you suspect unauthorized access.

One account per person or business entity. Account sharing, reselling access, or creating multiple accounts to circumvent plan limits is prohibited.

We reserve the right to suspend or terminate accounts that violate these Terms, without prior notice and without refund.

3. Subscription and Billing

Plans: MerchIntel offers free and paid subscription plans. Feature availability and usage limits vary by plan. Current pricing and plan details are available on our website.

Billing: Paid subscriptions are billed in advance on a monthly or annual basis through Stripe, our payment processor. By subscribing, you authorize us to charge your payment method on file at each billing cycle.

Auto-renewal: Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date. You can cancel anytime through your account settings.

Price changes: We may change subscription prices with at least 30 days' notice. If you do not accept a price increase, you may cancel your subscription before the new price takes effect.

Refunds: We offer a 30-day money-back guarantee for new subscriptions. After 30 days, subscription fees are non-refundable. We do not provide partial refunds for unused portions of a billing period.

Failed payments: If a payment fails, we will attempt to charge your payment method again. If payment is not resolved within 7 business days, your account access may be suspended until payment is received.

Taxes: You are responsible for any applicable sales tax, VAT, or other taxes associated with your subscription.

4. Acceptable Use

You agree to use MerchIntel only for lawful purposes and in accordance with these Terms. You may not:

• Scrape, crawl, or use automated tools to extract data from MerchIntel

• Reverse-engineer, decompile, or attempt to discover our source code or algorithms

• Circumvent subscription tiers, rate limits, or access controls

• Sell, rent, sublicense, or redistribute your MerchIntel access or data

• Use our platform to infringe on any third-party intellectual property rights

• Upload malicious code, spam, or engage in any activity that disrupts our service

• Impersonate another person or entity

• Use MerchIntel data to build a competing product or service

Violation of this section may result in immediate account termination without refund. We reserve the right to pursue legal action for violations that cause material harm.

5. Intellectual Property

Our property: MerchIntel and all associated code, design, algorithms, databases, branding, and content are owned by MerchIntel and protected by copyright, trade secret, and other intellectual property laws. You may not copy, modify, or distribute any part of our platform without written permission.

Your content: You retain ownership of the dashboards, notes, watchlists, and other content you create within MerchIntel. By using our platform, you grant us a limited license to store, display, and process your content solely for the purpose of providing the service.

Third-party content: Designs, trademarks, and copyrighted material displayed in our research database belong to their respective owners. MerchIntel displays this data for informational research purposes only. Using our research results to create or sell designs that infringe third-party rights is your sole responsibility and legal risk.

6. Disclaimers

MERCHINTEL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Specifically, we do not warrant that: (a) our data is 100% accurate, complete, or current; (b) using MerchIntel will result in sales, profits, or successful trademark registrations; (c) the service will be uninterrupted, error-free, or secure at all times; (d) third-party data (Amazon designs, reviews, trends) is authorized or accurate.

You acknowledge that market research involves inherent uncertainty, and business decisions based on MerchIntel data are made at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCHINTEL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF MERCHINTEL SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 IF YOU USE THE FREE TIER.

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In those jurisdictions, our liability is limited to the fullest extent permitted by law.

8. Indemnification

You agree to indemnify and hold MerchIntel harmless from any third-party claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) your use of MerchIntel research data to create or sell designs; (b) your infringement of any third-party intellectual property; (c) your violation of these Terms or any applicable law.

9. Termination

By you: You can cancel your subscription and close your account at any time through your account settings or by contacting support@merchintel.com.

By us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or fail to pay subscription fees. For inactive accounts (no login for 24 months), we may terminate with 30 days' notice.

Effect of termination: Upon termination, your access to MerchIntel is revoked. Your data will be deleted within 90 days unless you request an export beforehand or we are required by law to retain it.

Sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution survive termination.

10. Dispute Resolution

Informal resolution first: Before filing any legal claim, you agree to contact us at support@merchintel.com with a written description of the dispute. Both parties will attempt to resolve the matter informally for 30 days.

Governing law: These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Jurisdiction: If informal resolution fails, any legal action must be brought in the state or federal courts located in Delaware. You consent to the personal jurisdiction of these courts.

Class action waiver: You agree to resolve disputes with MerchIntel on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the revised Terms on this page with a new "Last Updated" date.

For material changes (such as changes to billing terms, liability caps, or dispute resolution), we will notify you by email at least 30 days before the changes take effect.

Your continued use of MerchIntel after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the service and cancel your account.

12. General Provisions

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and MerchIntel regarding your use of the service.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

No waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment: MerchIntel may assign these Terms to a successor entity in connection with a merger, acquisition, or sale of assets. You may not assign your rights under these Terms.

13. Contact Us

If you have questions about these Terms of Service, contact us:

• Email: support@merchintel.com

• Website: www.merchintel.com