Terms of Service

You may use the Service only if you can legally form a binding contract with MerchXO and are at least 18 years old. If you are registering on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" in these Terms will refer to that entity.

By creating an account you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether authorized by you or not. You must notify us immediately of any unauthorized use of your account.

MerchXO operates a database-per-tenant architecture. Each Merchant store runs on its own dedicated, isolated database instance. This means that the data you upload to your store — including products, orders, customers, and settings — is stored separately from the data of every other Merchant.

Because your store data lives in an isolated environment:

• Other Merchants cannot access your store's data, and you cannot access theirs.
• Your data is never commingled with, sold as part of, or exposed through another Merchant's store.
• You retain ownership and control over the data you upload, subject to these Terms and our Privacy Policy.

You are solely responsible for the accuracy, legality, and content of all data you upload, store, process, or transmit through the Service. MerchXO is not liable for data uploaded or stored by you or your customers, nor for the consequences of any processing that occurs within your store.

The Service is offered on a subscription basis. Current plan tiers are shown below. Prices are in US Dollars and may change from time to time; we will provide reasonable notice of any price changes before they take effect. You may upgrade, downgrade, or cancel your subscription at any time from your account settings, subject to the terms below.

0% Platform Transaction Fees. MerchXO does not charge any per-transaction platform fee on sales made through your store. You keep 100% of your sale revenue, subject only to the subscription fee for your plan.

Third-Party Processing Fees. Payment processing is provided by third-party providers (such as Stripe, Paddle/Lemon Squeezy as merchant of record, local gateways, and others). Those providers charge their own transaction fees directly to you or your customers, and such fees are entirely independent of MerchXO. We do not control, and are not responsible for, the fees, terms, or practices of any third-party payment processor.

Auto-Renewal & Cancellation. Paid subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that date. Unless required by law or specified in a written refund policy provided at the point of sale, subscription fees are non-refundable, except where your first-month promotional discount is described on the signup page.

Free Trials. Eligible plans may include a free trial period. At the end of the trial period, unless you cancel, you will be charged the applicable subscription fee. Cardless trials may be offered; you will be asked for billing details at the point your trial converts to a paid subscription.

Usage-Based Metering. Certain features — including multi-channel marketplace sync and batch shipping aggregators — are subject to plan-specific usage limits described on the pricing page. If you exceed a metered limit, we may require you to upgrade to a higher plan or apply the applicable overage charge. We will provide notice before charging any overage.

You retain all rights in your store content, products, and customer data. You are solely responsible for everything you publish or sell through the Service and for ensuring compliance with all applicable laws in every jurisdiction where you operate, sell, or market.

You must not use the Service to sell, offer, or facilitate: illegal goods or services; counterfeit items; stolen property; products that infringe the intellectual property rights of others; weapons or explosive materials (where prohibited); prescription drugs without appropriate authorization; fraudulent, deceptive, or misleading products or offers; or any goods or services the sale of which would violate applicable law.

You must not: engage in or facilitate fraud, money laundering, or terrorist financing; send unsolicited commercial communications (spam); interfere with or attempt to gain unauthorized access to the Service, other stores, or any related systems; or use the Service to harm minors or to store, transmit, or process child sexual abuse material or any other unlawful content.

We may review and investigate suspected violations, and we reserve the right, in our sole discretion and without prior notice, to remove prohibited content, suspend processing, or suspend or terminate the account or tenant of any Merchant that we reasonably believe is violating applicable law, these Terms, or our safety and acceptable-use policies. Where required by law, we will cooperate with regulators and law enforcement authorities.

The Platform exposes machine-readable endpoints designed to support AI agents, including llms.txt discovery files, sitemap.xml, agent cards, MCP discovery endpoints, and x402 payment headers. These endpoints are provided so that automated systems and AI agents can discover, read, and interact with store content.

By using these endpoints or any API made available by MerchXO you agree to: (a) respect documented rate limits and API quotas; (b) not use automated access to scrape, harvest, or copy data that you are not authorized to access; (c) not use automated access to disrupt, degrade, or place undue load on the Service; and (d) comply with all x402 payment requirements when making agent-initiated purchases, including paying any amounts required by a store before receiving access to paid content.

MerchXO may throttle, limit, or block automated access that we reasonably determine to be abusive, excessive, or contrary to the Service's purpose, without liability to you.

We aim to provide a reliable Service with high availability. The Service may be temporarily unavailable during scheduled maintenance, and we will use reasonable efforts to provide advance notice of scheduled maintenance windows.

You are responsible for maintaining appropriate backups of your store data. While we operate and maintain the infrastructure on which the Service runs, our backup obligations are limited to the operational backups we perform for the Service's continuity, and we are not liable for data loss caused by your actions, your failure to export or back up your data, or events outside our reasonable control.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

To the maximum extent permitted by law, MerchXO, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or in connection with your use of, or inability to use, the Service. Our aggregate liability for all claims relating to the Service shall not exceed the greater of (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100).

In jurisdictions that do not allow the exclusion or limitation of certain warranties or damages, the above exclusions and limitations apply to the maximum extent permitted by applicable law.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions, except where local law mandatorily applies.

Informal Resolution. Before commencing any dispute, you agree to first contact us to attempt to resolve the matter informally for a period of thirty (30) days.

Arbitration. If the dispute is not resolved informally, any dispute arising out of or relating to these Terms or the Service shall be finally settled by binding arbitration administered in accordance with the rules of the American Arbitration Association. The place of arbitration shall be Delaware, United States, and the arbitration shall be conducted in English. Each party shall bear its own costs and fees, except that the arbitrator may award costs and fees to the prevailing party where required by applicable law.

Exceptions. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction, or from filing a claim in a small claims court where jurisdiction exists.

Regional Matters. Where you are a merchant in the MENA region, the European Union, or India, nothing in these Terms limits any rights you may have under the mandatory consumer-protection or data-protection laws of your country of residence.

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. For material changes, we will use reasonable efforts to notify you (for example, by email to the address on your account or through an in-product notice). Continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms? Contact us through our contact page or by email at [email protected].