Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of Merchant Mobile Connect’s website, software platforms, and related services (“Services”). “Merchant Mobile Connect,” “we,” “us,” and “our” refer to Merchant Mobile Connect. “You” and “your” refer to the individual or organization using our Services.

By accepting these Terms when registering, purchasing, or accessing the Services, you agree to be bound by them. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, you must not use the Services.

Available features depend on your purchased plan, configuration, usage limits, and third-party availability. A feature listed on our website is not automatically included in every plan.

Your proposal, order form, or service agreement identifies the specific deliverables, fees, timelines, and responsibilities for your engagement. If it conflicts with these Terms, the signed agreement controls for that engagement.

You must be at least 18 years old and legally able to enter into a binding agreement to purchase or administer the Services.

You agree to provide accurate account and billing information, protect your login credentials, and assign access only to authorized users. Each user should use individual credentials where supported.

You are responsible for activities conducted through your account by you and your authorized users. Notify us promptly if you suspect unauthorized access or a security incident.

You are responsible for supplying accurate content, logos, photographs, videos, product information, contact lists, account access, and other materials reasonably needed to complete your project.

You represent that you have the necessary rights and permissions to provide and use those materials.

You are responsible for reviewing and approving website content, mobile app content, prices, forms, automations, AI responses, and communications before they are published or activated.

Delays in providing materials, access, feedback, or approvals may affect project timelines. Additional work outside the agreed scope may require a separate quote and written approval.

You agree to pay the setup, development, subscription, usage, and other fees disclosed in your order or service agreement.

Where recurring billing is expressly authorized, your subscription renews for the disclosed billing period until canceled according to your agreement. You authorize charges to your designated payment method for agreed fees.

Additional charges may apply for services such as text messages, telephone calls, AI usage, email delivery, domains, hosting, app store accounts, payment processing, and third-party integrations. These charges will be described in your applicable pricing or agreement.

You are responsible for applicable taxes, excluding taxes on our income. Keep your payment information current and notify us promptly of any suspected billing error.

We may suspend Services for overdue, undisputed amounts after providing notice and a reasonable opportunity to resolve the balance. Price changes will apply prospectively with advance notice, subject to your agreement and applicable law.

Cancellation procedures, minimum commitments, renewal terms, and notice requirements are stated in your order or service agreement. If no cancellation method is specified, contact info@merchantmobileconnect.com.

Unless your agreement or applicable law provides otherwise, cancellation takes effect at the end of the current paid subscription period and stops future renewals.

Refunds for prepaid subscriptions, setup fees, development work, and third-party charges are governed by your agreement and applicable law. Fees for completed and authorized work remain payable.

Canceling an agency subscription may not automatically cancel separately maintained domains, app store accounts, or other third-party services. Any transfer or transition assistance will be subject to the agreed scope and applicable provider requirements.

You must also follow applicable third-party platform policies.

You are responsible for ensuring that your campaigns, contact lists, calls, and automated communications comply with applicable laws, including the Telephone Consumer Protection Act, CAN-SPAM Act, privacy laws, and relevant carrier requirements.

Where required, you must obtain and retain valid consent before contacting recipients, provide required disclosures, and honor unsubscribe requests, consent withdrawals, and do-not-call requests.

You must not use purchased, rented, or otherwise obtained lists unless their use is lawful and permitted by the applicable service provider.

Using our Services does not itself obtain consent from your recipients. Acceptance of these Terms does not constitute consent to receive marketing calls or text messages from Merchant Mobile Connect.

We may restrict communications that violate applicable law or provider policies.

AI features may produce inaccurate, incomplete, inappropriate, or outdated information. You are responsible for configuring these features, testing them, and providing appropriate human oversight.

Review AI-generated content before relying on it or using it in customer communications. AI features do not replace qualified legal, medical, financial, insurance, or other professional advice.

You are responsible for providing any legally required AI disclosures and obtaining required consent for call recording, transcription, or automated interactions.

Do not submit sensitive or regulated information to AI features unless the specific service is approved for that use and all necessary agreements and safeguards are in place.

Our Services may rely on third-party software, AI providers, carriers, payment processors, hosting providers, social networks, and app stores.

These providers have their own terms, fees, policies, and technical requirements. Their changes, outages, restrictions, or account decisions may affect your Services.

Mobile app approval, listing, and continued availability are controlled by Apple, Google, and other applicable providers. We do not guarantee app approval, review timelines, search placement, downloads, or continued distribution.

Ownership and management of developer accounts, domains, telephone numbers, and third-party subscriptions will be specified in your agreement.

You retain your rights in the contact records, business information, and other data you provide through the Services (“Client Data”).

You authorize us and our service providers to process Client Data as reasonably necessary to provide, secure, support, and maintain the Services, subject to applicable agreements and law.

You are responsible for the lawful collection and use of Client Data, required privacy notices and permissions, and the accuracy of information you upload.

Our Privacy Policy explains how we handle personal information in connection with our business. Where required, a separate data processing agreement will govern processing performed on your behalf.

Do not upload protected health information, payment card details, or other specially regulated data unless we have expressly agreed in writing that the relevant service supports that use and required agreements are in place.

Merchant Mobile Connect and its licensors retain ownership of their software, templates, tools, workflows, methods, trademarks, and other pre-existing intellectual property.

You retain ownership of your pre-existing branding, materials, and Client Data. You grant us permission to use those materials as necessary to perform the Services.

Ownership or licensing of custom websites, mobile apps, designs, source code, and other deliverables is governed by your service agreement. Purchasing development services does not automatically transfer ownership of the underlying SaaS platform or third-party components.

Subject to payment and these Terms, you receive permission to use the Services and applicable deliverables for the purposes described in your agreement.

We use reasonable efforts to maintain the Services, but uninterrupted or error-free operation is not guaranteed.

Services may be unavailable because of maintenance, updates, internet failures, security incidents, or third-party disruptions.

Support hours, response targets, training, maintenance, and any service-level commitments are governed by your plan or service agreement.

You should maintain copies of important materials and use available export tools. Backup and restoration obligations, if included, will be stated in your agreement.

We may suspend or terminate access for material violations of these Terms, unlawful activity, security threats, or nonpayment. Where reasonably practicable, we will provide notice and an opportunity to resolve the issue. Immediate action may be necessary to address urgent security, legal, or operational risks.

You may terminate Services according to your agreement and applicable law.

Before termination, you should request or export any data you wish to retain. Export formats, availability, retention periods, and transition assistance depend on your agreement and the capabilities of the applicable platform.

Client Data will not be retained indefinitely after termination. Deletion and retention are subject to applicable law, our disclosed retention practices, and necessary backup cycles.

We do not guarantee specific revenue, sales, leads, memberships, donations, search rankings, review ratings, app downloads, or other business outcomes.

Results depend on factors such as your content, audience, market conditions, participation, budget, and use of the Services.

Except as expressly stated in a signed agreement, and to the fullest extent permitted by law, the Services are provided “as is” and “as available.”

We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent permitted by law.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages arising from these Terms or the Services, including lost profits, revenue, or business opportunities.

Except for your payment obligations, either party’s fraud or willful misconduct, or liability that cannot legally be limited, each party’s total aggregate liability arising from these Terms will not exceed the fees paid or payable for the affected Services during the 12 months preceding the event giving rise to the claim.

A signed service agreement may establish different liability limits or exceptions.

To the extent permitted by law, you agree to defend and indemnify Merchant Mobile Connect against third-party claims arising from your unlawful use of the Services, infringement by materials you provide, or communications you direct us to send without required authorization or consent.

This obligation does not apply to the extent a claim results from our negligence, willful misconduct, or breach of these Terms. We will provide prompt notice of a covered claim and reasonable cooperation. You may not settle a claim in a manner that admits fault or imposes obligations on us without our written consent.

Unless a signed agreement provides otherwise, these Terms are governed by Illinois law, without regard to conflict-of-law rules.

The parties will first attempt in good faith to resolve disputes through written communication. Unless applicable law requires otherwise, unresolved disputes will be brought in the state or federal courts located in Cook County, Illinois.

These provisions do not limit nonwaivable consumer rights or remedies.

We may update these Terms as our Services, business practices, or legal obligations change. The revised version will identify its effective date.

We will provide reasonable advance notice of material changes to existing customers, except where faster changes are necessary for legal or security reasons. Where required, we will obtain renewed acceptance.

Changes will not retroactively alter an existing dispute or override a signed agreement without the required agreement of the parties.

These Terms, together with applicable orders, service agreements, and incorporated policies, form the agreement governing your use of the Services.

If any provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision does not waive the right to enforce it later.

Neither party is responsible for delays caused by events beyond its reasonable control, except that payment obligations for Services already provided remain due.

Merchant Mobile Connect

111 N. Wabash Ave. Ste 100

Chicago, Illinois

Phone: (855) 766-6833

Email: info@merchantmobileconnect.com

Website: www.MerchantMobileConnect.com