Home tos
by Sheena

Mercury Digital LLC Terms of  Service

Last Updated: 4 June 2025

Please read these Terms of Service (the “Terms”) carefully before using https://app.mdigi.net/ (the “Service”). By clicking “Start Free Trial,” “Sign Up,” or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Definitions

  • “Service”: the cloud‑based CRM marketing software and related support provided by Mercury Digital LLC.
  • “You” or “Customer”: the individual or legal entity accepting these Terms.
  • “User”: any natural‑person account authorised by the Customer to access the Service.

2. Eligibility Statement

You affirm that you are at least 18 years old and possess full legal capacity. If you are entering into these Terms on behalf of a legal entity, you represent that you are authorised to bind that entity.

3. Licence & Restrictions

  1. During the subscription term, Mercury grants you a non‑exclusive, non‑transferable, revocable licence to use the Service solely for your internal business purposes.
  2. Except as permitted by law, you shall not: (a) reverse‑engineer, decompile, or otherwise attempt to obtain source code; (b) sublicense, rent, sell, or otherwise provide the Service to third parties; (c) use the Service for competitive analysis, copying, or performance monitoring; (d) access or interfere with systems or networks without authorisation.

4. User Responsibilities

  • Maintain true, complete, and up‑to‑date account information.
  • Safeguard usernames and passwords; notify Mercury immediately of any unauthorised use.
  • Refrain from distributing spam, malware, or illegal content via the Service.
  • Comply with applicable data‑protection, communication, and export‑control laws.

5. Privacy & Data

  1. You retain all rights to Customer Data; Mercury processes such data only as necessary to provide the Service and in accordance with the Privacy Policy.
  2. You authorise Mercury to use de‑identified, aggregated data for analytics and publication, provided no personally identifiable information is disclosed.
  3. BigQuery Authorisation: If you authorise Mercury to read GA4 events in Google BigQuery, you confirm that you have lawful rights to do so and appoint Mercury as a data processor for the subscription term. Revoking access will disable related integrations.
  4. Member Data Protection: For CRM member data you upload, you warrant that you have provided all necessary notices and obtained consents. Mercury will process such data only under these Terms and in line with the security and deletion schedule described herein.

6. Subscription, Payment & Renewal

  • Fees are set per selected plan and usage and are billed in US dollars.
  • Subscriptions auto‑renew at then‑current prices unless cancelled in writing at least thirty (30) days before expiry.
  • Accounts more than thirty (30) days past due may be suspended or terminated, and data may be deleted.

7. Intellectual Property

The Service, its content, trademarks, technology, and derivative works are owned by Mercury or its licensors. No rights are granted except as expressly stated.

8. Service Modifications & Interruptions

Mercury may modify, upgrade, suspend, or discontinue the Service at any time, but will use reasonable efforts to notify you in advance. Mercury is not liable for data loss or lost profits resulting from such actions.

9. Disclaimer of Warranties

The Service is provided “as is” without warranty of any kind. Mercury does not warrant that the Service will be error‑free, uninterrupted, or fit for a particular purpose. Mercury disclaims all liability for direct, indirect, incidental, or consequential damages arising from your use of the Service.

10. Limitation of Liability

In no event shall Mercury’s total liability exceed the fees you paid during the current subscription period. Mercury is not liable for indirect, punitive, or incidental damages.

11. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of California, USA, without regard to conflict‑of‑law principles. The courts of San Francisco County, California shall have exclusive jurisdiction for disputes arising under these Terms.

12. Amendments

Mercury may update these Terms at any time. Significant changes will be posted on the Site or notified via email or in‑product message. Continued use of the Service constitutes acceptance of the revised Terms.

13. Contact

Questions regarding these Terms or the Privacy Policy? Email [email protected].