Effective date: March 9, 2026 ยท Last updated: March 9, 2026
These Terms of Service ("Terms") govern your access to and use of the MergeGuide platform and related services ("Services") provided by MergeGuide, Inc. ("MergeGuide," "we," or "us"). By accessing or using the Services, you agree to be bound by these Terms.
By creating an account or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
MergeGuide provides a software compliance platform that includes policy enforcement tooling, evidence generation, and compliance documentation services. The Services are provided on a subscription basis according to the tier you select.
We reserve the right to modify, suspend, or discontinue any aspect of the Services with reasonable notice. We will endeavor to provide 30 days' notice for material changes.
You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity occurring under your account. You must promptly notify us of any unauthorized use of your account.
You agree not to:
MergeGuide retains all intellectual property rights in and to the Services, including software, algorithms, detection patterns, compliance templates, and documentation. These Terms do not grant you any rights to MergeGuide's intellectual property except as necessary to use the Services as permitted under these Terms.
You retain ownership of any code, data, or content you submit to the Services ("Customer Content"). By submitting Customer Content, you grant MergeGuide a limited license to process it for the purpose of providing the Services.
We process Customer Content to provide the Services, including evaluating code against compliance policies and generating evidence artifacts. We do not use Customer Content to train machine learning models or for any purpose other than providing the Services to you.
Evidence artifacts generated from policy evaluations are your data. We store them on your behalf according to the retention policy of your tier, which is designed to exceed all supported compliance framework requirements.
Data Processing Agreement. With respect to any Customer Content that constitutes personal data under applicable data protection law, MergeGuide acts as a data processor on your behalf. Our Data Processing Agreement ("DPA") โ which incorporates Standard Contractual Clauses (SCCs) for EU/UK data transfers and is available in HIPAA BAA and DORA sub-processor variants โ is available upon request and is incorporated into these Terms by reference upon execution. Business and Enterprise customers may request a DPA at legal@mergeguide.ai.
Security obligations. MergeGuide maintains administrative, physical, and technical safeguards designed to protect Customer Content against unauthorized access, disclosure, alteration, or destruction, including AES-256 encryption at rest and TLS 1.3 in transit. In the event of a confirmed security breach affecting your Customer Content, MergeGuide will notify you without undue delay and in any event within 72 hours of becoming aware of the breach, and will provide reasonable cooperation with your incident response procedures. Our security practices are described at mergeguide.ai/security.
Subscription fees are charged in advance on a monthly or annual basis, depending on your selected billing cycle. All fees are in USD and are non-refundable except as required by law or explicitly stated in these Terms.
If your payment fails, we will provide notice and a cure period of 10 business days before suspending access. You are responsible for all taxes applicable to your use of the Services.
Current pricing is available at our pricing page.
Pricing is subject to change with 30 days' notice. Annual pricing discounts are available.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MERGEGUIDE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERGEGUIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MergeGuide does not warrant that use of the Services will satisfy any regulatory or compliance requirement. You are solely responsible for determining whether the Services are appropriate for your compliance objectives and for your compliance with applicable laws.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERGEGUIDE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MERGEGUIDE IN THE 12 MONTHS PRECEDING THE CLAIM.
IN NO EVENT WILL MERGEGUIDE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless MergeGuide and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms; (b) your violation of any third-party right; or (c) any claim that your Customer Content caused damage to a third party.
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. MergeGuide may terminate your access for material breach of these Terms, with notice and a 15-day cure period for remediable breaches.
Upon termination, you may export your evidence artifacts for 30 days. After that period, data will be deleted in accordance with our data retention policy.
Governing law: These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.
Dispute resolution: Disputes will be resolved by binding arbitration under JAMS Comprehensive Arbitration Rules, with the seat of arbitration in Austin, Texas, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. Class action and jury trial rights are waived.
Entire agreement: These Terms, together with the Privacy Policy and any enterprise agreement, constitute the entire agreement between you and MergeGuide.
Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.
Notices. Legal notices to MergeGuide must be sent by certified mail or overnight courier to MergeGuide, Inc., 251 Little Falls Drive, Wilmington, DE 19808, Attn: Legal, or by email to legal@mergeguide.ai with written confirmation of receipt. Notices to you will be sent to the email address associated with your account.
Contact: For legal inquiries, email legal@mergeguide.ai or use our contact page.