Terms of Service

These Terms of Service (“Terms”) govern the relationship between Mercardo Automation Solutions (“Mercardo,” “we,” or “us”) and the client purchasing or using our services (“Client” or “you”). Mercardo operates as a fully online business. By purchasing, using, or signing below, you accept these Terms.

Mercardo builds and delivers automations, integrations, and related software solutions, including workflow automation, lead management, scheduling systems, customer communication, data organization, business process optimization, custom integrations, and websites.

The exact deliverables, timeline, and pricing for a specific engagement are described in a separate proposal, invoice, or written summary provided to the Client before work begins.

• Free trials are offered at Mercardo's discretion for standard automations only.
• Trials are for evaluation. Features and duration may be limited.
• Large-scale or complex builds are not eligible for a trial and require paid implementation.
• Continued use after the trial period requires a paid arrangement.

• Billing cycle. All recurring service payments are billed on the 1st of each month.
• Invoices. Invoices are sent approximately one week prior to the 1st of the billing month.
• Due date. Payment is due on the 1st of the month the invoice covers.
• Late payment. Services may be paused if payment is not received by the 7th of the month. Reactivation resumes once the invoice is paid in full.
• Custom projects. One-time projects follow the payment schedule described in the individual proposal or invoice.
• Out-of-scope work. Work beyond the agreed scope requires separate written agreement and additional payment.
• Refunds. Paid amounts are non-refundable unless explicitly stated in a specific proposal or required by law.

Client is responsible for:

• Providing accurate information and any access required to build the automation.
• Reviewing deliverables and communicating feedback in a reasonable timeframe.
• Ensuring the Client's own business, marketing, hiring practices, and data handling comply with applicable law.
• Having permission to share any employee, applicant, or customer data provided to Mercardo.
• Making all final business decisions.
• Paying invoices on time as described in Section 4.

Mercardo is responsible for:

• Building the automation, integration, or website described in the Client's specific proposal or invoice.
• Providing the features and functionality described at the time of purchase.
• Applying reasonable security practices to protect Client data while it is in our systems.
• Communicating clearly about scope, timelines, and material changes.
• Correcting defects that fall within the scope of a paid engagement.

Mercardo is not responsible or liable for any of the following:

• Lost profits, lost revenue, or lost business opportunities.
• Downtime, outages, or business interruptions.
• Actions or mistakes made by the Client's employees, contractors, or customers.
• Inaccurate, incomplete, or misleading information the Client provides to us.
• Failures, outages, price changes, or policy changes of third-party services (see Section 9).
• Misuse of automations, systems, or deliverables built by Mercardo.
• The Client's legal or regulatory compliance in their own industry.
• Employee adoption of any system or workflow we deliver.
• Unforeseen technical failures or security incidents outside our reasonable control.
• Any indirect, incidental, consequential, or punitive damages.

Mercardo's total liability for any claim relating to these Terms or the services is limited to the total fees actually paid by the Client to Mercardo in the three (3) months immediately preceding the event.

No guarantee is made regarding revenue increases, cost savings, productivity gains, lead conversion, or business growth. Any figures, examples, or calculators shown on our site are illustrative only.

• Client owns Client's business data. Mercardo uses it only to deliver the services.
• Client confirms it has permission to share any data provided to Mercardo.
• Mercardo will apply reasonable security practices and will not sell Client data.
• Both parties agree to keep each other's confidential information private and use it only to perform under these Terms.

Automations may rely on third-party services (for example: AI providers, messaging providers, hosting, integrations, APIs, and internet providers). Mercardo is not responsible for outages, defects, price changes, policy changes, data loss, or failures caused by third-party services. Their own terms and pricing apply and may change without notice.

• Mercardo owns the templates, workflows, frameworks, prompts, code, methods, and systems it uses to build automations.
• Once fees for a specific engagement are paid in full, the Client receives a non-exclusive, non-transferable license to use the deliverables built for that engagement for the Client's internal business purposes.
• Full transfer of ownership requires separate written agreement.
• Client keeps ownership of Client's own data and any materials Client provides.

• Either party may end an engagement with reasonable written notice.
• Access to Client-facing dashboards or automations under Mercardo's control may be removed after termination.
• Termination does not cancel fees already invoiced or committed to before termination.
• Mercardo may update these Terms or its services from time to time. Material changes will be communicated by email or on our website. Continued use of the services after changes means acceptance of the updated Terms.

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-laws rules. Mercardo operates as an online business with no physical storefront. If any provision of these Terms is unenforceable, the remaining provisions stay in effect.

Clients must sign below before any paid work begins. Your signature confirms you've read and accepted these Terms. A copy is emailed to Mercardo and stored in our records.