These Terms of Service ("Terms") govern your access to and use of DeepMerge ("we," "us," or "our"), including our website at deepmerge.ai, our platform, and all related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms.
If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" refers to that entity.
1. Acceptance of Terms
By accessing or using the Service, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you do not agree to these Terms, you may not use the Service.
We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.
2. Service Description
DeepMerge is an AI operations platform designed for direct-to-consumer (DTC) e-commerce brands. The Service allows you to:
- Create procedures by describing business workflows in natural language
- Connect third-party tools and services (such as Shopify, Stripe, Klaviyo, Gmail, Slack, and others) via integrations
- Have AI agents execute those workflows across your connected tools
- Review, approve, and manage automated decisions through a human approval system
- Build institutional knowledge from past decisions and outcomes
- Schedule procedures to run on recurring schedules
The Service uses artificial intelligence, including large language models, to interpret your instructions and execute actions across connected integrations. AI-generated outputs are probabilistic and may not always be accurate or complete.
3. Accounts & Access
To use the Service, you must create an account. You can sign up using a magic link sent to your email address or through Google OAuth. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
Each account operates as a workspace. Account owners can invite additional users and assign roles (owner, admin, or member). You are responsible for the actions of all users you invite to your account.
You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You must notify us immediately of any unauthorized use of your account.
4. Subscriptions & Billing
The Service operates on a credit-based billing model. Each account receives a monthly credit allotment based on its subscription plan. Credits are consumed when AI agents execute tasks on your behalf.
- Free trial: New accounts receive a free trial period with a limited credit allotment. No payment information is required during the trial.
- Subscription plans: Paid plans provide monthly credit allotments. Plans renew automatically at the end of each billing period.
- Credit purchases: You may purchase additional credits at any time. Purchased credits do not expire at the end of a billing period.
- Overage: If you exhaust your plan credits and purchased credits, continued usage may result in overage charges billed through metered billing.
All payments are processed through Stripe. We do not store your credit card numbers or payment method details on our servers. By subscribing, you authorize Stripe to charge your payment method on a recurring basis.
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods or unused credits.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws. You may not:
- Use the Service to violate any applicable law, regulation, or third-party right
- Use the Service to send spam, phishing, or other unsolicited communications through connected integrations
- Attempt to gain unauthorized access to the Service, other accounts, or connected systems
- Reverse engineer, decompile, or disassemble any part of the Service
- Use the Service to process, store, or transmit information that violates export control laws
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service to automate actions that violate the terms of service of any connected third-party platform
- Submit procedures designed to circumvent the safety and approval system
We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms or are using the Service in a manner that could harm us, other users, or third parties.
6. Third-Party Integrations
The Service allows you to connect third-party accounts and tools ("Integrations"). When you connect an Integration:
- You authorize DeepMerge to access and interact with that third-party service on your behalf, within the scope of the permissions you grant
- Integration authentication is managed through Pipedream, our integration partner. Your OAuth tokens and credentials for connected services are stored and managed by Pipedream, not on DeepMerge servers
- You are responsible for ensuring that your use of Integrations complies with the terms of service of each connected third-party platform
- We are not responsible for the availability, accuracy, or performance of any third-party service
You may also configure custom integrations using the MCP (Model Context Protocol) standard. Credentials for custom integrations are encrypted at rest on our servers using AES-256 encryption.
You may disconnect any Integration at any time through your account settings. Disconnecting an Integration revokes DeepMerge's access to that service.
7. AI-Powered Features
The Service uses large language models (LLMs) provided by third-party AI providers, including Anthropic, OpenAI, and Perplexity, to power its core functionality. When you use the Service:
- Your procedure instructions, messages, and related context are sent to these AI providers for processing
- AI-generated outputs (decisions, actions, recommendations) are probabilistic and may contain errors
- You are ultimately responsible for reviewing and approving actions taken by AI agents on your behalf
- The Service includes a safety and approval system that pauses high-risk actions for your review, but this system is not infallible
DeepMerge does not use your data to train AI models. However, third-party AI providers may have their own data processing policies. We use these providers' APIs in a way that opts out of model training where such options are available.
The Service creates vector embeddings of your procedure instructions, decisions, and outcomes to enable knowledge retrieval and progressive learning within your account. These embeddings are scoped to your account and are not shared with other users.
8. Intellectual Property
The Service, including its design, code, algorithms, documentation, and branding, is owned by DeepMerge and protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service beyond the limited license to use it in accordance with these Terms.
You retain ownership of all data, content, and procedure instructions you submit to the Service ("Your Content"). By submitting Your Content, you grant DeepMerge a limited, non-exclusive license to use, process, and store Your Content solely for the purpose of providing and improving the Service.
9. Your Data
You retain all rights to the data you submit to the Service. We process your data solely to provide the Service and as described in our Privacy Policy.
All data is isolated at the account level. Users in one account cannot access data belonging to another account. We enforce strict multi-tenancy controls at the application and database level.
You may export or delete your data at any time by contacting us. Upon account deletion, we will delete your data from our active systems within 30 days. Backups may retain data for up to 90 days before automatic purging.
10. Confidentiality
Each party agrees to protect the confidential information of the other party using the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. Confidential information includes, but is not limited to, business processes, procedure instructions, customer data, and technical configurations.
This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law.
11. Disclaimers & Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) AI-generated outputs will be accurate, complete, or suitable for your purposes; (c) any defects will be corrected; or (d) the Service will meet your specific requirements.
You acknowledge that AI-powered procedure involves inherent risks, including the possibility of incorrect decisions, unintended actions, or data processing errors. You are responsible for configuring appropriate safety rules and reviewing automated decisions.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEEPMERGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify, defend, and hold harmless DeepMerge, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) actions taken by AI agents operating under your instructions or on your behalf.
14. Termination
Either party may terminate these Terms at any time. You may terminate by deleting your account or contacting us. We may terminate or suspend your access to the Service immediately, without prior notice, if we believe you have violated these Terms.
Upon termination: (a) your right to use the Service ceases immediately; (b) we will delete your data in accordance with Section 9; (c) any outstanding payment obligations survive termination; and (d) the sections of these Terms that by their nature should survive termination will survive (including Sections 8, 10, 11, 12, 13, and 16).
15. Changes to Terms
We may modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or through the Service. For non-material changes, your continued use of the Service constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service before the changes take effect.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts located in Ontario, Canada.
17. Contact
If you have questions about these Terms, contact us at:
DeepMerge
Email: legal@deepmerge.ai