Terms and Conditions of Use for Merlin

These Terms and Conditions of Use ("Terms") govern your use of the Merlin product ("Product") developed and provided by Foyer Tech Incorporated, a company registered in Delaware, United States ("Foyer Tech," "we," or "us"). By accessing or using the Product, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Product.

1. Acceptance of Terms

By accessing or using the Product, you represent and warrant that you are of legal age to enter into a binding agreement and have read, understood, and agree to be bound by these Terms. If you are using the Product on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

2. License and Intellectual Property

Foyer Tech grants you a limited, non-exclusive, non-transferable, and revocable license to use the Product, subject to these Terms. All intellectual property rights in the Product, including but not limited to trademarks, copyrights, patents, and trade secrets, are and will remain the exclusive property of Foyer Tech.

3. User Obligations

• You agree to use the Product only for lawful purposes and in accordance with these Terms.
• You are responsible for maintaining the confidentiality of any account credentials or login information associated with the Product.
• You agree not to use the Product to:
  • Violate any applicable law or regulation.
  • Infringe upon the rights of others.
  • Transmit any viruses, malware, or harmful code.
  • Interfere with or disrupt the Product or its associated networks and systems.
  • Attempt to gain unauthorized access to the Product or any user accounts.

4. Privacy

Your privacy is important to us. Our Privacy Policy describes the information we collect, how we use it, and your rights regarding your personal data. By using the Product, you consent to the collection and use of your information as described in the Privacy Policy.

5. Disclaimer of Warranties

• The Product is provided on an "as is" and "as available" basis. Foyer Tech makes no warranties, express or implied, regarding the Product, including but not limited to its accuracy, reliability, suitability, or availability.
• Foyer Tech does not warrant that the Product will be uninterrupted, error-free, or secure, or that any defects will be corrected.
• Your use of the Product is at your own risk, and you are solely responsible for any damage or loss resulting from such use.

6. Limitation of Liability

• To the maximum extent permitted by law, Foyer Tech and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, resulting from your use of the Product.
• Foyer Tech's total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you, if any, for accessing and using the Product during the six (6) months preceding the claim.

7. Modifications and Termination

• Foyer Tech reserves the right to modify or discontinue the Product, or any portion thereof, at any time without prior notice.
• Foyer Tech may also modify these Terms from time to time. Any changes will be effective immediately upon posting the revised Terms on the Product's website.
• If you violate these Terms, Foyer Tech may terminate your access to the Product, without prejudice to any other rights or remedies available to us.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

9. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

10. Entire Agreement

These Terms constitute the entire agreement between you and Foyer Tech regarding the use of the Product and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.

11. Excessive, Exploitative, or Harmful Usage

Merlin determines that the following attempts are liable for immediate or temporary suspension of use with no refunds:

1. Sharing accounts between multiple humans or bots/AI.
2. Uploading sexually explicit content to AI.
3. Attempting to instigate violence via AI responses.
4. Running scripts over Merlin to exploit AI.
5. Incurring usage costs to Merlin that are 2.5x or more than the monthly fees charged.
6. Engaging in any activity deemed outlier usage at the company's discretion.

12. Right to Terminate Usage Temporarily

For paid accounts, usage exceeding costs of $100 per month will lead to immediate termination of service for the remainder of the month. The costs are calculated by the Merlin team based on the token consumption of underlying AI models, plus cloud costs or other arrear costs.

This limit may be changed by our backend systems to ensure the equitable distribution of AI resources to all paid users. The limit may be increased if Merlin is able to offer higher usage.

Similarly, for paid accounts, any usage that surpasses $16 per day will also lead to the immediate termination of service for that day, according to our internal evaluation of token consumption and cloud costs.

These measures are in place to ensure that the capacity provided by Merlin is not exploited to a degree that compromises service for other customers or renders the platform unsustainable. Continuous violations of these policies may result in permanent account suspension.

For any customized offer provided by any of Merlin's partners or that is part of any promotion, the usage limits may be different to accommodate cost benchmarks.

13. User Content and Responsibility

Users are solely responsible for any content they create, upload, or share through the Product.

By using the Product, you represent and warrant that you hold all necessary rights to the content you submit and that such content does not violate any intellectual property rights, privacy rights, or any applicable laws.

Foyer Tech reserves the right to remove any content that it deems inappropriate, harmful, or in violation of these Terms.

14. Modifications and User Notification

Foyer Tech reserves the right to modify these Terms at any time; therefore, users are encouraged to review these Terms periodically for updates. Any and all modifications will be applicable to all users.

15. Third-Party Services

The Product may contain links to third-party websites or services. Foyer Tech is not responsible for the content, accuracy, or practices of these third-party services. Your use of such third-party services is governed by their respective terms and policies.

If you have any questions or concerns about these Terms, please contact us at dpo@getmerlin.in.