MergeOS Terms of Service

Last updated: 21 July 2026

These Terms of Service ("Terms") are an agreement between you (the business engaging us, "you", "Client") and MergeOS Pty Ltd ("MergeOS", "Company", "we", "us"). They apply when you engage us to build a document automation solution, use the MergeOS platform, or both (together, the "Service").

By signing a proposal, paying an invoice, creating an account or using the Service, you agree to these Terms. If a signed proposal or statement of work contains terms that differ from these, the signed document prevails to the extent of the difference.

1. What we provide

The Service has two parts:

1. Implementation Services — a one-time professional services engagement in which we scope your document workflow, design and build your templates, configure your business logic, integrate with your website or systems, test, and take the solution live. The scope, fee and timeline for each engagement are set out in a written proposal we provide after a discovery call.
2. Platform Service — the ongoing hosted MergeOS platform on which your solution runs, including document generation, hosting, monitoring, email delivery and template storage, billed as a monthly subscription.

2. Implementation engagements

1. Each engagement is defined by a written proposal covering scope, deliverables, fees and an indicative timeline. Work begins once you accept the proposal and any agreed initial payment is received.
2. Timelines depend on you as well as us. You agree to provide the materials we reasonably need (existing documents, branding, data samples, access to relevant systems) and timely feedback and approvals. Delays in providing these may extend the timeline.
3. You are responsible for ensuring you have the right to give us any materials you provide, and that the business rules you approve are correct for your purposes. We build what is agreed; we are not providing financial, legal, medical or other professional advice about the content of your documents.
4. If you ask for work outside the agreed scope, we will quote it separately before doing it. We will not surprise you with unquoted charges.
5. Go-live occurs when the agreed workflow generates the agreed documents correctly from the agreed inputs. We will demonstrate this to you and make reasonable adjustments to meet the agreed scope before and shortly after go-live.

3. Account Terms

1. You are responsible for maintaining the security of your account, logins and API keys. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You are responsible for all content submitted and activity that occurs under your account (including content submitted by others who have their own logins under your account, and data submitted through your web forms or API integrations).
3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright, privacy and spam laws).
4. You must provide accurate business and contact information, and keep it up to date.
5. Your login may only be used by one person – a single login shared by multiple people is not permitted. We can create separate logins for as many people on your team as you need.

4. API Terms

Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

5. Fair use

1. We do not charge per document generated, and we do not impose per-plan merge counts or storage limits. In return, use of the Platform Service must be fair and consistent with the workflow scoped in your proposal.
2. If your usage grows well beyond what was scoped (for example, a substantially higher document volume, new workflows, or automated load that affects platform performance for other customers), we will contact you to agree an appropriate platform tier rather than cutting you off.
3. We reserve the right to temporarily throttle or disable processing where usage is negatively impacting the performance or security of the Service for other customers. We will always attempt to reach the account owner first, except in rare cases where immediate action is required to protect the Service.

6. Fees, payment and refunds

1. Implementation fee. A one-time fee, fixed in your proposal after discovery. Unless the proposal says otherwise, it is invoiced as set out in the proposal (which may include an agreed instalment schedule of 2–3 payments).
2. Platform fee. A recurring monthly fee at the tier set out in your proposal, billed monthly in advance from go-live (or another start date agreed in the proposal) by credit card or invoice.
3. If a payment fails or an invoice remains unpaid, we will contact you. If payment remains outstanding for 14 days after we notify you, we may suspend the Platform Service until payment is made. Suspension does not remove your data.
4. All fees are exclusive of taxes, levies or duties imposed by taxing authorities (including GST, which will be added where applicable). You are responsible for all such amounts other than taxes on our income. Where required, the Company will collect those taxes and remit them to the relevant authority.
5. Platform fees for a given tier are subject to change upon 30 days notice. Changes to your tier itself (up or down) are agreed with you, not imposed, except as described in the Fair use section.
6. Refunds are handled under our fair refund policy: fees for implementation work already performed are generally not refundable, but if you're ever unhappy with MergeOS, for any reason, contact our support team and we'll work with you to make sure you're happy. Nothing in this clause limits your rights under the Australian Consumer Law.

7. Content ownership and intellectual property

1. Your data is yours. We claim no intellectual property rights over the data, documents, branding or other materials you provide, the templates built from your materials for your use, or the documents the Service generates for you.
2. You grant us a licence to host, copy, process and transmit your materials and data solely as needed to provide the Service.
3. The MergeOS platform — the software, generation engine, tooling, know-how, and the look and feel of the Service — is and remains the property of the Company. Nothing in an engagement transfers ownership of the platform, and general techniques or improvements we develop while building your solution may be used for other clients (never your confidential information or materials).
4. All content processed through the Service must comply with applicable law, including Australian copyright, privacy and spam law. You are responsible for having the necessary rights and consents for the data and materials you (or your customers, through your forms) submit.
5. The Company does not pre-screen content, but reserves the right (not the obligation) to refuse or remove content that is unlawful or violates these Terms.

8. Confidentiality

1. During an engagement each party may learn confidential information about the other — your business rules, pricing and data; our platform and methods. Each party agrees to use the other's confidential information only for the engagement and not to disclose it, except as required by law.
2. We may identify you as a client (name and logo) in our marketing. We will not publish details of your workflow, results or a testimonial without your consent. Tell us if you'd rather not be named at all and we'll respect that.

9. Cancellation and termination

1. The Platform Service continues month to month. You can cancel at any time by emailing support@mergeos.com or using the cancellation option in your Account screen. Cancellation takes effect at the end of the current billing period, and you will not be charged again. There is no prorating of unused time in the final billing cycle.
2. Cancelling the Platform Service ends document generation and any integrations connected to it. Before your access ends we will provide, on request, an export of your templates and data in a standard format.
3. After the end of your final billing period your content becomes inaccessible from the Service. Within 30 days it is permanently deleted from active systems and logs, and within 90 days from our backups. Deleted information cannot be recovered.
4. Either party may terminate an implementation engagement if the other materially breaches these Terms or the proposal and does not remedy the breach within 14 days of written notice. If an engagement ends early, you pay for work performed up to the end date, and we hand over the work completed to that point.
5. The Company may suspend or terminate the Service for material breach of these Terms, unlawful use, or non-payment as described above. Except where immediate action is required (unlawful use, or risk to the Service or other customers), we will give you notice and a chance to remedy the issue first.

10. Modifications to the Service

1. We continuously improve the platform and may modify features of the Service, provided the changes do not materially reduce the functionality of the workflow we have agreed to run for you.
2. If we ever discontinue the Platform Service or a part of it that your workflow depends on, we will give you at least 90 days notice and provide an export of your templates and data.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided via email.
3. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service.
5. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
7. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
11. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that the Company 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, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
13. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
14. Questions about the Terms of Service should be sent to support@mergeos.com.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Adapted from the Basecamp open-source policies / CC BY 4.0