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Terms of Service

Effective date: March 30, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or an entity, referred to as "you" or "Customer") and Mercata Inc. ("Mercata," "we," "us," or "our") governing your access to and use of the Mercata platform, including our website, APIs, and all related services (collectively, the "Service").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By creating an account, accessing the Service, or clicking "I agree" (or similar affirmation), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "Customer" will refer to that organization.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Mercata is an AI-powered supplier discovery platform designed for enterprise procurement teams. The Service enables users to:

We reserve the right to modify, enhance, or discontinue any feature of the Service at any time, with reasonable notice for material changes that affect paid subscription functionality.

3. Account Registration & Security

Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate and complete. You may not create an account using false or misleading information, or on behalf of someone other than yourself without their authorization.

Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You agree to:

Mercata will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

Organization Accounts

If you create an organization account, the account administrator is responsible for managing team member access, permissions, and compliance with these Terms. All users within an organization account are bound by these Terms.

4. Subscription Plans & Billing

Plans

Mercata offers the following subscription tiers:

Billing & Payment

All paid subscriptions are billed through Stripe, our third-party payment processor. By subscribing to a paid plan, you agree to provide valid payment information and authorize Mercata (via Stripe) to charge your payment method for the applicable subscription fees. All fees are stated in U.S. dollars unless otherwise specified.

Auto-Renewal

Paid subscriptions automatically renew at the end of each billing cycle (monthly or annual) unless you cancel before the renewal date. You may cancel auto-renewal at any time through your account settings. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until the end of that period.

Refunds

Subscription fees are non-refundable except where required by applicable law. If you believe you have been charged in error, contact us at legal@mercataai.com within 30 days of the charge.

Price Changes

We may adjust subscription pricing from time to time. We will provide at least 30 days' notice of any price increase. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

We reserve the right to suspend or terminate your access to the Service, without notice, if we reasonably determine that you have violated this Acceptable Use Policy.

6. Intellectual Property

Mercata's Intellectual Property

The Service, including its design, software, algorithms, AI models, documentation, trademarks, logos, and all associated intellectual property, is owned by Mercata Inc. or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. These Terms do not grant you any ownership interest in the Service. Your right to use the Service is limited to the license expressly granted in these Terms.

Your Data

You retain all ownership rights in the data you upload to or create within the Service, including CRM data, supplier shortlists you compile, notes, and any other content you generate ("Customer Data"). By using the Service, you grant Mercata a limited, non-exclusive license to process your Customer Data solely as necessary to provide, maintain, and improve the Service.

Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant Mercata a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

7. Data & Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using the Service, you consent to the data practices described in the Privacy Policy.

Key data practices include:

For questions about data handling, contact privacy@mercataai.com.

8. API Usage Terms

If your subscription plan includes API access, the following additional terms apply:

Rate Limits

API usage is subject to rate limits that vary by subscription tier. Current rate limits are published in our API documentation. Exceeding rate limits may result in throttled requests or temporary suspension of API access. Sustained or deliberate abuse of rate limits may result in account suspension.

API Key Security

Your API keys are confidential credentials. You must:

You are responsible for all API calls made using your keys, regardless of whether you authorized them. Mercata reserves the right to revoke API keys at any time if we detect misuse or a security risk.

API Modifications

We may update, modify, or deprecate API endpoints with reasonable notice. We will make commercially reasonable efforts to maintain backward compatibility and provide migration guidance for breaking changes. Deprecation notices will be posted in our API documentation at least 90 days before removal of any endpoint.

9. Disclaimers

Supplier Data Accuracy

Supplier information available through the Service is aggregated from publicly available sources, including government databases, business registrations, industry directories, certification bodies, and corporate filings. While we make reasonable efforts to ensure that supplier data is current and accurate, we do not guarantee the accuracy, completeness, reliability, or timeliness of any supplier information provided through the Service.

You acknowledge and agree that:

Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Termination

Termination by You

You may terminate your account at any time by contacting us at legal@mercataai.com or through your account settings. If you are on a paid plan, termination takes effect at the end of your current billing period, and no refund will be issued for the remainder of that period.

Termination by Mercata

We may suspend or terminate your access to the Service at any time, with or without cause, including but not limited to violations of these Terms, the Acceptable Use Policy, non-payment of fees, or if we cease offering the Service. Where practicable, we will provide reasonable notice before termination.

Data Export

Upon termination or cancellation of your account, you will have 30 days to export your Customer Data (including supplier shortlists, search history, and CRM data) through the platform's export functionality or by contacting us at legal@mercataai.com. After the 30-day export period, we will delete your Customer Data from our active systems in accordance with our Privacy Policy. Certain data may be retained in backups for a limited period or as required by law.

Survival

Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 6 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), and 12 (Governing Law).

12. Governing Law & Dispute Resolution

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 law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at legal@mercataai.com. We will attempt to resolve the dispute through good-faith negotiation within 30 days.

13. Changes to Terms

We may update these Terms from time to time to reflect changes in our Service, business practices, or legal requirements. When we make material changes, we will:

Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and terminate your account.

14. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any applicable order form, constitute the entire agreement between you and Mercata regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Mercata may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

15. Contact Information

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