Terms of Service

By accessing or using the Nextmerce platform, website located at https://nextmerce.app, application programming interfaces (APIs), browser extensions, mobile applications, or any associated services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”), as well as our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” and “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not access or use the Service.

These Terms constitute a legally binding agreement between you and Nextmerce (“Company,” “we,” “us,” or “our”). Your continued use of the Service following any modifications to these Terms constitutes your acceptance of such modifications. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Service. It is your responsibility to review these Terms periodically for changes.

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to create an account and use the Service. By using the Service, you represent and warrant that you meet this age requirement and that all registration information you submit is truthful and accurate.

Nextmerce is an AI-powered ecommerce intelligence platform designed to help online merchants analyze business performance, identify profit leaks, optimize advertising spend, and improve overall profitability using data-driven insights. The Service provides, among other things, the following features and capabilities:

• Business Performance Analytics: Comprehensive dashboards and reports that aggregate data from your connected ecommerce platforms and advertising accounts to provide a unified view of your business health, revenue trends, cost analysis, and key performance indicators.
• Profit Leak Detection: AI-driven anomaly detection that identifies areas where your business may be losing revenue, including underperforming products, inefficient advertising campaigns, excessive discount usage, and operational inefficiencies.
• Advertising Spend Optimization: Analysis of your advertising campaigns across connected platforms, including return on ad spend (ROAS) calculations, attribution modeling, campaign performance comparisons, and actionable recommendations for budget reallocation.
• Actionable Signals and Recommendations: AI-generated insights and prioritized recommendations tailored to your specific business context, designed to help you make informed decisions that protect and grow revenue.
• Data Integrations: Secure connections to third-party platforms, including but not limited to Shopify, TikTok Ads, Google Ads, Meta (Facebook/Instagram) Ads, and other ecommerce and marketing platforms to consolidate your business data.

The Service is provided on a software-as-a-service (SaaS) basis. We continuously develop and improve the Service, and we reserve the right to modify, update, add, or remove features at any time. We may also offer additional services, features, or products that may be subject to separate or supplemental terms.

To access certain features of the Service, you must create a Nextmerce account (“Account”). During registration, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your Account, whether or not you have authorized such activities or actions.

You agree to: (a) create only one Account; (b) provide accurate, truthful, current, and complete information when creating your Account; (c) maintain and promptly update your Account information; (d) maintain the security of your Account by not sharing your password with others and restricting access to your Account and your computer or device; (e) promptly notify Nextmerce if you discover or otherwise suspect any security breaches related to your Account; and (f) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.

Nextmerce reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete, or if Nextmerce has reasonable grounds to suspect that such information is inaccurate, not current, or incomplete, or that the Account is being used in violation of these Terms.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Nextmerce integrates with the Shopify platform via the Shopify API and operates as an application within the Shopify App Ecosystem. By connecting your Shopify store to Nextmerce, you authorize us to access, retrieve, and process certain data from your Shopify store in accordance with the permissions you grant during the OAuth authorization process and as described in our Privacy Policy.

The types of data we access from your Shopify store may include, but are not limited to: order data (including order amounts, line items, fulfillment status, and refund information), product data (including product titles, descriptions, variants, pricing, and inventory levels), customer data (aggregated and anonymized where possible, including customer counts, geographic distribution, and purchasing patterns), store configuration data, and analytics data available through Shopify’s APIs.

You represent and warrant that: (a) you are the authorized owner or administrator of the Shopify store you connect to Nextmerce; (b) you have the right and authority to grant Nextmerce access to your Shopify store data; (c) your use of the Service in connection with your Shopify store complies with Shopify’s Terms of Service, Acceptable Use Policy, and all applicable Shopify policies; and (d) you will not use the Service to violate any rights of your customers or any third parties.

Nextmerce adheres to Shopify’s API Terms of Service, Partner Program Agreement, and all applicable Shopify developer requirements. We handle data obtained through Shopify’s APIs in accordance with Shopify’s data protection requirements and our Privacy Policy. You acknowledge that Shopify may modify or discontinue its APIs at any time, which may affect the functionality of the Service. Nextmerce shall not be liable for any changes to Shopify’s platform, APIs, or policies that may impact the Service.

Upon uninstallation of the Nextmerce application from your Shopify store or upon termination of your Account, we will cease accessing your Shopify store data and will handle any previously collected data in accordance with our Privacy Policy and applicable data retention obligations. You may request deletion of your data at any time by contacting us at founder@nextmerce.app.

The Service may integrate with various third-party platforms, services, and APIs to provide comprehensive ecommerce intelligence. These integrations currently include, and may in the future expand to include, connections with advertising platforms such as TikTok for Business (via the TikTok Marketing API), Meta Platforms (Facebook and Instagram, via the Meta Marketing API), Google Ads, and other third-party services. By connecting any third-party platform to your Nextmerce account, you agree to the following:

5.1 TikTok Marketing API Integration

When you connect your TikTok for Business account to Nextmerce, you authorize us to access data from your TikTok advertising accounts through the TikTok Marketing API. This data may include campaign performance metrics, ad spend data, audience insights, conversion data, and other analytics information available through the TikTok Marketing API. You represent and warrant that you are authorized to grant such access and that your use of TikTok data through Nextmerce complies with TikTok’s Terms of Service, TikTok’s Marketing API Terms, TikTok’s Data Privacy Policy, and all applicable TikTok developer and advertising policies.

Nextmerce uses TikTok Marketing API data solely for the purpose of providing analytics, reporting, and optimization recommendations within the Service. We do not sell TikTok data to third parties, and we process all TikTok data in accordance with TikTok’s data use restrictions, our Privacy Policy, and applicable data protection laws. You acknowledge that TikTok may modify, restrict, or discontinue its Marketing API at any time, which may affect the functionality of the Service.

5.2 Meta (Facebook/Instagram) Integration

When you connect your Meta Business account to Nextmerce, you authorize us to access data from your Facebook and Instagram advertising accounts through the Meta Marketing API and related APIs. This data may include ad campaign performance metrics, ad spend and budget data, audience targeting information, conversion tracking data, creative performance analytics, and other business data accessible through Meta’s APIs. You represent and warrant that you are the authorized administrator of any Meta Business account you connect and that your use of Meta data through Nextmerce complies with Meta’s Terms of Service, Meta Platform Terms, Meta’s Developer Policies, Meta’s Advertising Policies, and all applicable Meta data use policies.

Nextmerce processes Meta platform data strictly in accordance with Meta’s Platform Terms, including but not limited to: (a) using data solely for the purpose of providing the Service to you; (b) not selling, licensing, or otherwise transferring Meta data to third parties; (c) not using Meta data for purposes unrelated to the Service; (d) implementing appropriate technical and organizational safeguards to protect Meta data; and (e) deleting Meta data when it is no longer needed for the purposes for which it was collected or upon your request or termination of access.

5.3 General Third-Party Integration Terms

For all third-party integrations, you acknowledge and agree that: (a) Nextmerce is not responsible for the availability, accuracy, or reliability of data provided by third-party platforms; (b) your use of third-party platforms is governed by the respective terms of service and policies of those platforms; (c) Nextmerce may store cached copies of third-party data to ensure Service performance, subject to applicable data retention policies; (d) you are responsible for maintaining active and authorized connections with third-party platforms; and (e) Nextmerce shall not be liable for any loss, damage, or disruption caused by changes to third-party platform APIs, policies, or availability.

You may disconnect any third-party integration at any time through your Account settings. Upon disconnection, Nextmerce will cease accessing new data from the disconnected platform and will handle previously collected data in accordance with our Privacy Policy and any applicable data retention obligations.

Access to certain features of the Service requires a paid subscription (“Subscription”). By selecting a Subscription plan, you agree to pay Nextmerce the applicable fees as described on the pricing page at the time of purchase or as otherwise communicated to you. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on the billing cycle you select) and are non-refundable except as expressly set forth in these Terms or as required by applicable law.

Payment processing for the Service may be handled through Shopify’s billing system (for merchants who install Nextmerce through the Shopify App Store) or through third-party payment processors such as Stripe. By providing your payment information, you authorize Nextmerce and the applicable payment processor to charge the payment method on file for all Subscription fees and any applicable taxes. You are responsible for providing accurate and up-to-date payment information.

Nextmerce reserves the right to change Subscription prices at any time. If we change the pricing for your Subscription, we will provide you with at least thirty (30) days’ prior written notice (via email or through the Service) before the price change takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the modified Subscription fee. If you do not agree to the price change, you may cancel your Subscription before the change takes effect.

If payment cannot be processed or is declined, we may suspend or restrict your access to the Service until payment is successfully collected. You are responsible for any fees or charges incurred by your bank or payment provider in connection with your Subscription payments. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties (excluding taxes based solely on Nextmerce’s income).

Nextmerce may offer a free trial period for certain Subscription plans (“Free Trial”). The duration and scope of the Free Trial will be specified at the time of enrollment. Free Trials are limited to one per customer, per Shopify store, and per organization. If we determine that you have previously used a Free Trial (whether directly or through affiliated accounts, stores, or entities), we reserve the right to terminate the Free Trial and charge the applicable Subscription fee.

During the Free Trial, you will have access to the features and functionality specified for the applicable Subscription plan, unless otherwise stated. At the end of the Free Trial period, your Subscription will automatically convert to a paid Subscription at the then-current rate for the plan you selected, unless you cancel your Subscription before the Free Trial expires.

Nextmerce reserves the right to modify, suspend, or discontinue the Free Trial offering at any time without prior notice. The Free Trial is provided “as is” without any warranties or guarantees regarding service availability, data accuracy, or feature completeness during the trial period. We may limit or restrict certain features or functionality during the Free Trial at our sole discretion.

You agree not to use the Service in any manner that is unlawful, harmful, or in violation of these Terms. Without limiting the generality of the foregoing, you agree not to:

• Use the Service for any illegal or unauthorized purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing data privacy, intellectual property, export control, and consumer protection.
• Access or use the Service to build a competitive product or service, or copy any ideas, features, functions, or graphics of the Service for competitive purposes.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying technology of the Service or any part thereof.
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other destructive or disruptive code.
• Attempt to gain unauthorized access to the Service, other user accounts, or any computer systems or networks connected to the Service through hacking, password mining, or any other means.
• Use any automated system, including but not limited to robots, spiders, scrapers, or offline readers, to access the Service in a manner that sends more request messages to the Nextmerce servers than a human can reasonably produce in the same period by using a conventional web browser, unless expressly authorized by Nextmerce in writing.
• Sell, resell, sublicense, transfer, or distribute the Service or any data obtained through the Service to any third party without Nextmerce’s prior written consent.
• Use the Service to process, store, or transmit data that infringes or violates the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, whether actual or fictitious.
• Use data obtained through the Service to engage in discriminatory practices, spam, unsolicited marketing, or any activity that violates the terms of service of connected third-party platforms.

Nextmerce reserves the right to investigate and take appropriate action against anyone who, in Nextmerce’s sole discretion, violates this Acceptable Use Policy, including without limitation removing content, suspending or terminating the violator’s Account, and reporting the violator to law enforcement authorities.

The Service, including all content, features, and functionality thereof (including but not limited to all information, software, code, algorithms, text, displays, images, video, audio, design, presentation, selection, and arrangement thereof), is owned by Nextmerce, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Nextmerce name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nextmerce or its affiliates or licensors. You must not use such marks without the prior written permission of Nextmerce. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Subject to your compliance with these Terms, Nextmerce grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes. This license does not include: (a) any resale or commercial use of the Service or its contents; (b) any derivative use of the Service or its contents; (c) any downloading, copying, or other use of Account information for the benefit of any third party; or (d) any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms are reserved and retained by Nextmerce or its licensors, suppliers, publishers, rightsholders, or other content providers. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Nextmerce.

You retain all right, title, and interest in and to any data, information, content, and materials that you submit, upload, transmit, or otherwise make available through the Service, including data imported from your Shopify store and connected third-party platforms (“User Content”). Nextmerce does not claim ownership of your User Content.

By submitting User Content to the Service, you grant Nextmerce a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content solely for the purpose of providing, maintaining, improving, and developing the Service. This license is limited to the purposes described herein and does not grant Nextmerce the right to sell your User Content or to use your User Content for purposes unrelated to the Service.

Nextmerce may generate aggregated, anonymized, and de-identified data derived from your User Content and usage of the Service (“Aggregated Data”). Such Aggregated Data will not identify you or any individual, and Nextmerce may use Aggregated Data for any lawful business purpose, including but not limited to benchmarking, analytics, research, product improvement, and the development of new features and services. You acknowledge and agree that Nextmerce owns all right, title, and interest in and to Aggregated Data.

You are solely responsible for your User Content and the consequences of submitting and publishing your User Content through the Service. You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Nextmerce to use all intellectual property and other rights in and to your User Content; and (b) your User Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person or entity.

Nextmerce strives to maintain high availability and uptime for the Service. However, you acknowledge and agree that the Service may be subject to interruptions, delays, or errors for a variety of reasons, including but not limited to scheduled maintenance, unscheduled maintenance, system failures, network outages, third-party service disruptions, force majeure events, or other circumstances beyond our reasonable control.

Nextmerce does not guarantee that: (a) the Service will be available at all times or at any particular time; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained through the Service will be accurate, reliable, or complete; or (d) any defects in the Service will be corrected within any specific timeframe.

We will make commercially reasonable efforts to provide advance notice of scheduled maintenance that may affect Service availability. However, we reserve the right to perform emergency maintenance at any time without prior notice if we determine that immediate action is necessary to protect the integrity, security, or performance of the Service.

Nextmerce shall not be liable to you or any third party for any interruption, suspension, or termination of the Service, whether or not such interruption, suspension, or termination was foreseeable or within Nextmerce’s control. In the event of an extended outage, Nextmerce may, at its sole discretion, provide affected users with service credits or other remedies as it deems appropriate.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTMERCE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NEXTMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON INFORMATION, INSIGHTS, RECOMMENDATIONS, OR ANALYTICS PROVIDED BY THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXTMERCE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO NEXTMERCE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDES DATA ANALYTICS, INSIGHTS, AND RECOMMENDATIONS FOR INFORMATIONAL PURPOSES ONLY. NEXTMERCE DOES NOT PROVIDE FINANCIAL, INVESTMENT, TAX, LEGAL, OR ACCOUNTING ADVICE. ANY BUSINESS DECISIONS YOU MAKE BASED ON DATA OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICE ARE MADE AT YOUR OWN RISK AND DISCRETION. NEXTMERCE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR ADVERSE OUTCOMES RESULTING FROM BUSINESS DECISIONS MADE BASED ON SERVICE DATA OR RECOMMENDATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTMERCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEXTMERCE DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OR INSIGHTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (F) THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT THE AI-POWERED FEATURES OF THE SERVICE, INCLUDING ANOMALY DETECTION, PREDICTIVE ANALYTICS, AND AUTOMATED RECOMMENDATIONS, ARE BASED ON STATISTICAL MODELS AND MACHINE LEARNING ALGORITHMS THAT MAY PRODUCE INACCURATE, INCOMPLETE, OR MISLEADING RESULTS. NEXTMERCE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED INSIGHTS OR RECOMMENDATIONS. YOU SHOULD INDEPENDENTLY VERIFY ALL INFORMATION AND EXERCISE YOUR OWN JUDGMENT BEFORE MAKING ANY BUSINESS DECISIONS BASED ON SERVICE DATA.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

You agree to defend, indemnify, and hold harmless Nextmerce, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service, including but not limited to any data or content you transmit or receive through the Service; (c) your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights; (d) your violation of any applicable law, rule, or regulation; (e) any content or data you submit to or through the Service; (f) any business decisions you make based on information, insights, or recommendations provided through the Service; or (g) any other party’s access and use of the Service with your Account credentials.

Nextmerce reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nextmerce in asserting any available defenses. You agree not to settle any claim or matter without the prior written consent of Nextmerce. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.

You may terminate your Account and stop using the Service at any time by contacting us at founder@nextmerce.app or by using the account termination functionality within the Service, if available. If you are a Shopify merchant, you may also uninstall the Nextmerce application from your Shopify store to initiate the termination process.

Nextmerce may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Grounds for termination may include, but are not limited to: (a) violations of these Terms or any applicable law or regulation; (b) requests by law enforcement or other government agencies; (c) a request by you for self-termination; (d) discontinuance or material modification of the Service; (e) unexpected technical or security issues; (f) extended periods of inactivity; (g) non-payment of any fees owed by you; or (h) engagement in fraudulent or illegal activities.

Upon termination of your Account: (a) your right to access and use the Service will immediately cease; (b) Nextmerce will cease accessing data from your connected third-party platforms; (c) you will remain liable for all amounts due up to and including the date of termination; (d) any Subscription fees already paid are non-refundable, except as required by applicable law; and (e) Nextmerce will handle your data in accordance with our Privacy Policy and applicable data retention obligations.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, you may request deletion of your data by contacting us at founder@nextmerce.app, and we will comply with such requests within a reasonable timeframe, subject to applicable legal requirements.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction and venue of such courts.

Before filing any claim or legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through informal negotiation by contacting us at founder@nextmerce.app. Both parties agree to negotiate in good faith for a period of at least thirty (30) days from the date the dispute is first raised. If the parties are unable to resolve the dispute through informal negotiation, either party may pursue the remedies available under applicable law.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NEXTMERCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND NEXTMERCE AGREE OTHERWISE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Nextmerce reserves the right to modify, amend, or update these Terms at any time in its sole discretion. If we make material changes to these Terms, we will provide you with notice of such changes by: (a) posting the revised Terms on the Service with a new “Last Updated” date; (b) sending an email notification to the email address associated with your Account; or (c) displaying a prominent notice within the Service. We will provide at least thirty (30) days’ notice before material changes take effect.

Your continued use of the Service after the effective date of any modified Terms constitutes your acceptance of and agreement to the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service and terminate your Account before the effective date of the modified Terms. It is your responsibility to review these Terms periodically for changes. Non-material changes or clarifications will take effect immediately upon posting.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The remaining provisions of these Terms shall continue in full force and effect.

In the event that any provision is found to be invalid, illegal, or unenforceable, the parties shall negotiate in good faith to replace such provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the economic, business, and other purposes of the invalid, illegal, or unenforceable provision.

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein or applicable to specific features of the Service, constitute the sole and entire agreement between you and Nextmerce with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.

No waiver by Nextmerce of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nextmerce to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

If you have any questions, concerns, or feedback about these Terms of Service or the Nextmerce platform, please contact us at:

We will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters related to account security or data privacy, please include “URGENT” in the subject line of your email.