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Website Terms of Use

Last updated: January 2026

1. Introduction

Welcome to mercana.co (the "Website"), operated by Mercana Corporation, a Delaware corporation ("Mercana," "we," "us," or "our"). These Website Terms of Use ("Terms") govern your access to and use of our Website.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website.

Important: These Terms govern your use of our Website only. If you are a customer of our platform services, your use of those services is governed by a separate agreement between you and Mercana.

2. Eligibility

By accessing or using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are accessing the Website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Privacy

Your privacy is important to us. Our collection, use, and disclosure of information about you is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the practices described in our Privacy Policy.

4. Website License

Subject to your compliance with these Terms, Mercana grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes.

You may not:

  • Reproduce, distribute, modify, create derivative works of, or publicly display any content from the Website without our prior written consent
  • Use the Website for any commercial purpose without our prior written consent
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Website

5. Prohibited Conduct

When using the Website, you agree not to engage in any of the following prohibited activities:

  • Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website
  • Data Collection: Using any robot, spider, scraper, or other automated means to access the Website or collect data without our express written permission
  • Harmful Code: Uploading, transmitting, or distributing any viruses, malware, or other harmful code
  • Interference: Interfering with or disrupting the Website, servers, or networks connected to the Website
  • Infringement: Violating any intellectual property rights, including copyrights, trademarks, patents, or trade secrets
  • Illegal Activities: Using the Website for any unlawful purpose or in violation of any applicable laws or regulations
  • Misrepresentation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity
  • Circumvention: Attempting to bypass or circumvent any security measures or access controls on the Website

6. Intellectual Property

The Website and all content, features, and functionality (including but not limited to text, graphics, logos, images, software, and design) are owned by Mercana or its licensors and are protected by copyright, trademark, and other intellectual property laws.

The "Mercana" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mercana or its affiliates. You may not use such marks without our prior written permission.

Nothing in these Terms grants you any right, title, or interest in or to the Website or any content therein, except for the limited license granted in Section 4.

7. Feedback

If you provide us with any feedback, suggestions, ideas, or other information about the Website or our services ("Feedback"), you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, copy, modify, create derivative works from, publicly display, and otherwise exploit such Feedback for any purpose without compensation or attribution to you.

8. Third-Party Links

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Mercana. We provide these links for your convenience only and do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites.

You acknowledge and agree that Mercana is not responsible or liable for any damage or loss caused by or in connection with your use of any third-party websites, services, or resources. We encourage you to review the terms and privacy policies of any third-party websites you visit.

9. Communications and Newsletters

By signing up for our newsletter or providing your email address through the Website, you consent to receive promotional emails, product updates, and other communications from Mercana. You may opt out of these communications at any time by following the unsubscribe instructions in any email or by contacting us at support@mercana.co.

You agree not to forward promotional emails from Mercana to others without our permission. You are responsible for ensuring that any email address you provide is accurate and that you have the right to receive emails at that address.

10. Copyright and DMCA Policy

Mercana respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that any content on the Website infringes your copyright, please send a written notice to legal@mercana.co containing:

  • A physical or electronic signature of the copyright owner or authorized agent
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing, with sufficient information for us to locate it
  • Your contact information (address, telephone number, email)
  • A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf

11. Disclaimer of Warranties

THE WEBSITE 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 LAW, MERCANA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MERCANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE.

IN NO EVENT SHALL MERCANA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF MERCANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mercana and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your access to or use of the Website
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any rights of a third party, including intellectual property rights

14. Force Majeure

Mercana shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, power failures, internet or telecommunications failures, or cyberattacks.

15. Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will update the "Last updated" date at the top of this page. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed about our terms and conditions.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Website shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language in the State of Delaware. The decision of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction.

BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

18. Entire Agreement and Waiver

These Terms constitute the entire agreement between you and Mercana regarding your use of the Website and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter hereof.

The failure of Mercana to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mercana.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Legal Inquiries: legal@mercana.co
General Support: support@mercana.co

© 2026 Mercana Corporation. All rights reserved.