[Legal]

Terms of Service

Last updated: January 27, 2025

Welcome to Mersel AI. These Terms of Service ("Terms") govern your access to and use of our website at mersel.ai and our AI optimization services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Definitions

  • "Mersel," "we," "us," or "our" refers to Mersel AI.
  • "You" or "Client" refers to the individual or entity accessing or using our Services.
  • "Services" refers to our AI Agent Optimization services, including website analysis, AI-readable content creation, and analytics.
  • "Your Website" refers to the website(s) you submit for our optimization services.
  • "AI-Readable Version" refers to the optimized version of your website content created by Mersel for AI agents.

2. Description of Services

Mersel provides AI Agent Optimization (AIO) services that help businesses get discovered by AI agents such as ChatGPT, Claude, Perplexity, Gemini, and others. Our Services include:

  • Analysis of your existing website content
  • Creation of AI-readable versions of your website
  • Structured data optimization for AI comprehension
  • Analytics dashboard showing AI mentions and referral traffic
  • Ongoing maintenance and updates

Our Services do not modify your existing website visible to human visitors. The AI-readable version is served separately to AI agents only.

3. Account and Registration

To use certain features of our Services, you may need to provide information about yourself and your business. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your information
  • Maintain the security and confidentiality of any credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

4. Client Responsibilities

By using our Services, you represent and warrant that:

  • You own or have the right to use all content on Your Website
  • Your Website content does not violate any applicable laws or regulations
  • Your Website does not contain illegal, harmful, or offensive content
  • You have the authority to grant us access to analyze Your Website
  • You will comply with all applicable laws in connection with your use of our Services

5. License and Access

License to Your Content: You grant Mersel a non-exclusive, worldwide, royalty-free license to access, analyze, and create AI-readable versions of Your Website content solely for the purpose of providing our Services.

Our License to You: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services during the term of your subscription.

Ownership: You retain all ownership rights to Your Website content. We retain all rights to our technology, methods, and any improvements developed through providing our Services.

6. Payment Terms

Pricing for our Services is determined on a custom basis depending on website size, traffic volume, and specific requirements. Payment terms will be outlined in your service agreement. Unless otherwise specified:

  • Fees are non-refundable except as expressly stated
  • You are responsible for all applicable taxes
  • We may modify pricing with reasonable notice
  • Failure to pay may result in suspension of Services

7. Intellectual Property

All intellectual property rights in our Services, including our website, technology, software, algorithms, trademarks, and branding, are owned by Mersel or our licensors. You may not:

  • Copy, modify, or distribute our technology or content
  • Reverse engineer or attempt to extract our source code
  • Use our trademarks without prior written consent
  • Remove any proprietary notices from our materials

8. Confidentiality

We treat your business information as confidential. We will not share your proprietary business information with third parties except as necessary to provide our Services or as required by law. Similarly, you agree to keep confidential any non-public information about our technology and methods.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • Our Services will meet your specific requirements
  • Our Services will be uninterrupted, timely, secure, or error-free
  • Any specific results or outcomes will be achieved
  • AI agents will recommend or cite your business in any particular manner

Results may vary based on factors outside our control, including AI agent algorithms and third-party platform changes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERSEL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mersel and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or related to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your Website content

12. Termination

Either party may terminate the service relationship at any time with written notice. Upon termination:

  • We will disable the AI-readable version of Your Website
  • Your access to analytics and dashboards will be revoked
  • No refunds will be provided for unused portions of prepaid services
  • Provisions that by their nature should survive will remain in effect

We reserve the right to suspend or terminate your access immediately if you violate these Terms or engage in fraudulent or illegal activities.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes your acceptance of the modified Terms.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our Services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Mersel regarding our Services.
  • Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
  • Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Force Majeure: We shall not be liable for delays or failures due to circumstances beyond our reasonable control.

16. Contact Us

If you have any questions about these Terms, please contact us: