Last Updated: 5 December 2024
Welcome, and thank you for your interest in Merlin Media Limited (“Merlin,” “we,” or “us”) and our website at https://www.usemerlin.io/, along with our related websites, applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Merlin regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “LOG IN” (OR SIMILAR LANGUAGE) OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MERLIN’S PRIVACY POLICY (TOGETHER, THESE “TERMS”).
If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MERLIN AND BY YOU TO BE BOUND BY THESE TERMS
1. ABOUT MERLIN
The Service provides tools for use in connection with the calendaring service provided by Google Calendar and other compatible third-party calendaring applications, which may include functionalities that enable the retrieving details of meeting events. See https://www.usemerlin.io/ for more details on how the Service works.
We currently offer a free edition of the Service for our beta users. As such, Merlin is not obligated to provide any indemnities or warranties. Merlin may cancel and terminate these Terms and your rights to use the Merlin’s Service at any time.
2. HERE’S WHAT YOU CAN AND CAN’T DO
Rights. Subject to your compliance with these Terms, we grant you, solely for your personal or internal business use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) (if applicable) install and use one object code copy of any application associated with the Service on a device that you own or control; and (b) access and use the Service.
Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; (c) any information you provide to us is accurate and up to date; and (d) your use of the Service complies with all applicable laws and regulations.
Required Account. You must be logged into and allow a connection from the Service to your Google Calendar to use the Service. You are responsible for the all activities that occur in your account. Your use of any third-party service may be governed by the third party’s terms and conditions. While Merlin facilitates integrations with third-party services, our responsibilities as a data processor are limited to those defined under applicable data protection laws. Merlin is not an affiliate or partner of any such third party.
License Restrictions. You must comply with all applicable laws, including EU export control laws, when using the Service. Unless such a restriction is impermissible under applicable law or the activity is enabled by a functionality of the Service, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with, disable, or circumvent any feature of the Service, including any security features or access control mechanism; or (d) reverse engineer or attempt to discover the source code of any portion of the Service. If you are prohibited under applicable law from using the Service, you may not use it.
Prohibited Conduct. To use the Service, you agree not to:
3. DATA OWNERSHIP
Ownership. The Service is owned and operated by Merlin. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Service are the property of Merlin or our third-party licensors, and we reserve all rights to the Materials. You may use the Materials only as expressly permitted by us under these Terms. Google Calendar and any other third party calendaring applications used in our Service are trademarks of their respective owners and use of these trademarks does not imply any affiliation or endorsement.
Feedback. If you choose to provide us with input and suggestions regarding the Service (“Feedback”), then you agree that we may use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, without compensation to you. You acknowledge and agree that Merlin shall own all right, title and interest in the Feedback and is the sole exclusive owner of Feedback and you assign all rights, title and interest you have in such Feedback to Merlin together with all intellectual property rights therein.
4. YOUR CONTENT
Your Content. As part of using the Service, you may be sharing messages, images, text, audio content (including voice, sound recordings, and musical works), comments, photos, video (including all sound recordings and musical works embodied therein) or other types of works of authorship (your “User Content”) with Merlin. We may use, reproduce, and format for proper display, your User Content only as necessary for us to provide you the Service and we will distribute your User Content to your users and third parties as you may select. We may use third party subprocessors that assist us in providing the Service to you and your User Content may be transmitted through or stored on their systems. Other users of the Service and any other third parties with whom you elect to share your User Content using the Service may access and use your User Content as permitted by the Terms and the functionality of the Service.
Multiple Accounts and Your Content. For security purposes, the User Content in your account is tied to a specific email address used to create the account and cannot be transferred to another account. This means that even if you have multiple accounts with different email addresses, the User Content cannot be transferred between them.
Your Ownership of Your Content. Except as provided in these Terms, you retain any copyright and other proprietary rights that you may have in your User Content in your personal individual account.
Deletion of Your Content. We want you to have as much control over your User Content as possible. When you request deletion of any or all of your User Content, we will do our best to promptly remove it from the Service in accordance with our data retention policies and in alignment with our Privacy Policy. However, you acknowledge that: (a) it may take us some time to remove your User Content from the Service; and (b) copies of your User Content may persist in database backups for up to 30 days. When you uninstall or otherwise remove the Service from your device, we will still retain User Content unless you delete your account and upon electing to do so, we will permanently delete your User Content and other data provided by you to us, unless we have your consent to retain it.
Confidentiality. We understand that when you use the Service for personal or internal business purposes, you are trusting us with your information. Any User Content that is non-public and proprietary to your business, including your business and marketing plans, technology and technical information, product plans and designs, and business processes, and any recordings or other embodiments of that information created using the Service is your “Confidential Information”. We will use commercially reasonable efforts to prevent any unauthorized use or disclosure of your or Customer’s Confidential Information, including by implementing technical, administrative, and organizational security measures to ensure the security, integrity and confidentiality of your or Customer’s Confidential Information, and to notify you if we become aware of any unauthorized access or use of your Confidential Information.
Training AI. We do not use your User Content to train, customize or improve our artificial intelligence models. Our vendors and service providers are not authorized to process or use any User Content from our Services for their purposes to train, customize or improve their own artificial intelligence models and any use of the User Content will be solely in connection with helping us provide and deliver the Services to you.
Your Warranties. By providing User Content via the Service, you represent and warrant to us that:
Our Disclaimer; Your Waiver. You are responsible for your User Content. We will not be responsible for any User Content and you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content.
Monitoring. We do not permit copyright-infringing activities on the Service. We do not: (a) edit, screen or control any User Content; or (b) monitor any User Content or third-party content on the Service or the use of the Service or any content, except as you may request, such as to respond to your support requests and provide support services. Additionally, we may need to take certain actions with respect to User Content as legally required or to investigate fraud, abuse or any violation of these Terms, all in accordance with our Privacy Policy. We assume no responsibility or liability for such User Content or the use of such User Consent.
European Union’s General Data Protection Regulation. We comply with the provisions of the European Union’s General Data Protection Regulation. If you have an intellectual property rights-related complaint about content posted on the Service, you may contact our designated agent at the following address:
Merlin Media Limited
Attn: Legal Department (Copyright Notification)
82a James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE
Email: insights@merlinmedia.ai
Any notice alleging that content hosted by or distributed through the Service infringe intellectual property rights must include the following information:
We will promptly terminate the access (if any) of users who are determined by us to be repeat infringers in accordance with our policy.
5. HOW WE COMMUNICATE WITH YOU
While you are using our Service, we may send you messages via email. You can opt out of promotional emails by following the instructions in the email itself.
6. DETAILS ON THE OUTSIDE TOOLS/SOFTWARE CONNECTED TO OUR SERVICE
Third-Party Services. We may provide tools through the Service that enable you to export information (such as User Content) to third-party services, including through features that allow you to link to an account on the third-party service, such as through your CRM systems. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
7. BE ON THE LOOKOUT FOR MODIFIED TERMS
We reserve the right to change these Terms on a going-forward basis at any time upon notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Changes are effective upon publication or if we require your acceptance of them. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
8. STAY TUNED FOR SERVICE UPDATES
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently. We will notify you in the event we decide to deactivate or terminate the Service. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
9. DETAILS ON HOW THE TERMS END
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated by you or Merlin as permitted under these Terms. If you violate any provision of these Terms, Merlin may suspend your authorization to access the Service and these Terms automatically terminate.
In addition, we may terminate these Terms, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.
10. WHAT HAPPENS WHEN YOU LEAVE THE SERVICE
When these Terms terminate: rights granted by us to you will terminate and you must immediately stop using the Service and Sections 3 (Let’s Talk Ownership), 4 (Understanding Your Rights To Your Content), 10 (What Happens When You Leave The Service), 11 (Your And Merlin’s Responsibility If It’s A Less Than Ideal Situation), 12 (Here’s What We Don’t Cover), 13 (What We Aren’t On The Hook For), 14 (Other Important Bits To Know) will survive.
11. COVERAGE IN CERTAIN SITUATIONS
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Merlin, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Merlin Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) gross negligence or willful misconduct; or (e) any dispute or issue between you and a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You will not settle any claim without our written consent, such consent not to be unreasonably withheld.
We will indemnify and hold you harmless from any costs, damages, expenses, and liability caused by any third-party claim (“Claim”) alleging that your use of the Service infringes or misappropriates any patent, copyright, or trademark if: (a) you give us prompt written notice of the Claim; (b) you grant us full and complete control over the defense and settlement of the Claim; and (c) you provide assistance in connection with the defense and settlement of the Claim as we may reasonably request. You will have the right to participate in the defense of the Claim at your own expense and with the counsel of your own choosing, but we will have sole control over the defense and settlement of the Claim.
We will have no obligations under this Section 11 for any infringement or misappropriation to the extent it arises out of or is based on any of the following: (a) use of the Service for purposes not intended or outside the scope of license granted to you; (b) your failure to use the Service in accordance with instructions provided by us, if the infringement or misappropriation would not have occurred but for the failure; or (c) any modification of the Service not made or authorized by us in writing where such infringement or misappropriation would not have occurred absent the modification.
For the avoidance of doubt, Merlin’s indemnity obligations of this Section do not apply to the free edition of our Service.
12. HERE’S WHAT WE DON’T COVER
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MERLIN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MERLIN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
13. WHAT WE AREN’T ON THE HOOK FOR
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MERLIN ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MERLIN ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MERLIN ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) US$100 AND (II) THE AMOUNT PAID BY YOU OR PAYABLE BY YOU UNDER THESE TERMS DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. OTHER IMPORTANT BITS TO KNOW
Governing Law. These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
General. These Terms of Service, together with any Additional Terms, our Privacy Policy, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Merlin regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers and curtesy summaries in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Privacy Matters.
Please read the Merlin Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Merlin Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Where we have an arrangement in place with a customer who is encouraging you to use our Service (for example, your employer or another business or organization), we in some circumstances obtain and process your personal information on behalf of and at the instructions of such a customer. Their privacy policies will apply to the processing of your information and we encourage you to read their privacy policies.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information. The Service is offered by Merlin Media Limited, located at 82a James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE. You may contact us by sending correspondence to that address or by emailing us at insights@merlinmedia.ai.
Support. We will use commercially reasonable efforts to provide prompt and comprehensive support services to our users. If you have a question about the Service, please email us at insights@merlinmedia.ai. Third-party calendaring applications have no obligation to provide support services with respect to the Service.
Force Majeure. Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including an act of war, terrorism, act of God, earthquake, flood, epidemic, pandemic, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet. The delayed party will give the other party notice of such cause and will use its reasonable commercial efforts to correct such failure or delay in performance.
If you have any questions about these Terms, please contact us at insights@merlinmedia.ai.