Terms of Service

Version & Changelog

v1.0 - adopted on January 20th, 2023

1. Introduction

These Terms of Service ("ToS") govern your use of the Mercu marketing website, the Mercu web app, and the Mercu APIs, provided by Flyp Pte Ltd, a company registered in Singapore, with a registered address at 160 Robinson Rd, #14-04 SBF Center, Singapore 068914 ("Company", "we", "us", or "our").

By registering for, accessing, or using our services, you agree to be bound by these ToS. If you do not agree to these terms, please do not access or use the Mercu website, web app, or APIs.

2. Eligibility

Our services are intended for use by businesses. By registering for and using our services, you represent that you are authorized to act on behalf of the business you represent.

3. Account Registration

You may register for our services online or through a demo, after which we will register you.

During registration, we collect information including your first name, last name, email address, mobile number, and company name.

4. Payment Terms

Pricing for our services is currently not public and is provided via custom quotes. Accepted payment methods include credit cards and electronic bank transfers.

Refunds, if any, will be handled on a case-by-case basis. There are no late fees or penalties associated with our services. In the case of non-payment, we will suspend our services.

5. Account Management

Users can have multiple accounts or users under one account. You may modify or update your account information online via the mercu web app.

We reserve the right to terminate or suspend your account if you breach these ToS, engage in fraudulent activity, or engage in any activity that may harm the Company or its users.

6. Data Privacy and Security

Please refer to our Privacy Policy for information on how we collect, use, store, and share user data, as well as the security measures in place to protect user data.

7. Intellectual Property

You retain all rights to the content you upload or generate through our services. However, by uploading content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such content in connection with providing our services.

We do not claim any ownership rights in your content, and nothing in these ToS will be deemed to restrict any rights that you may have to use and exploit your content.

8. Third-Party Integrations and Services

The Mercu web app and APIs integrate with third-party services such as Auth0 for authentication and Twilio for communication. Your use of these services is subject to their respective terms and conditions.

9. Service Availability and Support

We strive to provide a high level of service availability but do not guarantee a specific uptime percentage. Our support policies and response times will be communicated to you upon registration.

10. Limitation of Liability

To the maximum extent permitted by law, our liability for damages arising from the use of our services will be limited to the amount you have paid to us in the past 12 months.

11. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our services or your breach of these ToS.

12. Dispute Resolution and Governing Law

These ToS are governed by the laws of Singapore. Any disputes arising out of or relating to these ToS or your use of our services will be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to arbitration under the Singapore International Arbitration Centre (SIAC) Rules, with the seat of arbitration in Singapore. The language of the arbitration will be English.

13. Modifications to the ToS

We reserve the right to modify these ToS at any time. We will notify you of any changes via email. Your continued use of our services after receiving notice of changes constitutes your acceptance of the updated ToS. If you do not agree to the updated terms, you must discontinue your use of our services.

14. Contact Information

If you have any questions or concerns about these ToS or our services, please contact us at accounts@mercu.com.