Terms of Service

Effective date: May 20, 2026

These Terms of Service are a legal agreement between you and ManorSoft, Inc. ("ManorSoft," "MerTek," "we," "us," or "our"). They govern your access to and use of MerTek, including mertek.ai, the MerTek web app, account services, downloads, the MerTek desktop app, local runtime, update services, AI gateway, billing, squads, agents, tasks, chat, support, and related features.

If you use MerTek for a company or other organization, "you" includes that organization, and you represent that you have authority to bind it. If you have a separate signed agreement with ManorSoft that expressly covers MerTek, that agreement controls where it conflicts with these Terms.

Acceptance

By creating an account, clicking to accept, downloading or installing the software, connecting a device, using the website, using the desktop app, sending a command, or otherwise using MerTek, you agree to these Terms and our Privacy Policy. If you do not agree, do not use MerTek.

Eligibility

  • You must be at least 13 years old and old enough to form a binding contract where you live. If you are under the age of majority, a parent or legal guardian must review and accept these Terms for you.
  • MerTek is not directed to children under 13, and you may not use MerTek if you are barred from doing so under applicable law.
  • You may not use MerTek if you are located in, organized under the laws of, or ordinarily resident in a country or region subject to applicable sanctions that prohibit the transaction.

Accounts and Access

  • You are responsible for your account, credentials, connected devices, workspace settings, local runtime settings, API keys, access tokens, login sessions, and all activity under your account.
  • You must provide accurate information and keep your account, billing, and contact information current when required for product operation, security, notices, or support.
  • You are responsible for ensuring that anyone you invite, authorize, or allow to use your account, organization, device, squad, automation, or Squad Member session follows these Terms.
  • We may reject, suspend, limit, or terminate access if we believe an account, device, command, integration, payment method, or usage pattern is compromised, abusive, unlawful, fraudulent, or creates risk for MerTek, users, systems, providers, or third parties.

Local Software and Updates

MerTek may include downloadable desktop apps, local runtime components, update tools, installers, release manifests, local storage, and system tray or background functionality. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to install and use the MerTek software for your own lawful use of the service.

  • You may not copy, resell, sublicense, reverse engineer, bypass technical controls, remove notices, or use MerTek to build a competing product except where applicable law gives you a non-waivable right.
  • MerTek may check for, download, verify, and install updates. Updates may change, remove, or add features and may be required for continued access.
  • You are responsible for maintaining your operating system, backups, security software, permissions, network access, and third-party tools needed for MerTek to run.
  • Uninstalling the local app may not delete cloud account records, billing records, messages, uploaded files, logs, or other records retained under our Privacy Policy or legal obligations.

Squads, Squad Members, Tasks, and Automation

MerTek lets you create or use squads, Squad Members, workflow tasks, automations, local memories, Squad Member sessions, MerTek gateway settings, and related orchestration. Squad Members are software-controlled abstractions and may use different gateway-managed models, tools, prompts, and settings over time. They are not human employees, professionals, or agents of ManorSoft.

  • You are responsible for configuring squads, prompts, persona settings, automations, task assignments, approval policies, filesystem policies, sandbox modes, and handoffs.
  • You must review and approve important commands, outputs, edits, purchases, file changes, messages, and system actions before relying on them.
  • Squad Member output may be inaccurate, incomplete, offensive, unsafe, outdated, or unsuitable. You are responsible for evaluating output and for any decision or action you take based on it.
  • MerTek is not a substitute for professional advice. Do not rely on MerTek as legal, medical, financial, tax, accounting, security, engineering, emergency, or other regulated professional advice.

Local Machine, Remote Control, and Administration Tools

The desktop app can expose tools for local and remote work, including Squad Member session control, filesystem access, screenshots, image handling, chat uploads, diagnostics, cleanup planning, process and service inspection, startup app management, OS event listeners, clipboard or active-window event detection, network diagnostics, logs, backup hints, and other machine administration workflows.

  • Use these features only on devices, accounts, files, networks, services, repositories, and systems you own or are authorized to administer.
  • Local or remote commands may read, create, upload, modify, delete, move, or disclose files or data; start or stop processes or services; change settings; use network resources; affect installed software; or alter system behavior.
  • Approvals, confirmations, sandbox settings, dry runs, and prompts are risk controls, not guarantees. You remain responsible for backups, permissions, review, and consequences.
  • Remote control features may send commands through MerTek infrastructure between your connected devices. You are responsible for confirming the target device, account, agent, task, command payload, and authority before sending a command.
  • Machine administration and security diagnostics are informational and may be incomplete or wrong. They do not replace qualified IT, security, legal, or compliance review.

User Content and Local Work

You keep ownership of your files, prompts, messages, images, uploaded content, local memories, outputs, settings, workflows, squad configuration, and other content you provide or create, subject to rights owned by others. You grant ManorSoft and our service providers a worldwide, non-exclusive, royalty-free license to host, process, transmit, store, reproduce, display, create technical derivatives of, and otherwise use your content as needed to provide, secure, troubleshoot, improve, and support MerTek and to comply with law.

  • Local-only content remains under your control unless you submit, sync, upload, attach, send, share, or route it through MerTek, a provider, an integration, or another device.
  • You represent that you have all rights and permissions needed to submit, process, upload, share, or authorize MerTek to act on your content.
  • You are responsible for content you submit, including personal information, confidential information, credentials, source code, regulated data, third-party materials, and data belonging to other people or organizations.
  • We may remove, restrict, quarantine, block, or refuse to process content or commands that we believe violate these Terms, create risk, or may be unlawful.

AI Gateway, Providers, Models, and Usage

MerTek AI features run through MerTek's AI gateway. The service does not support connecting your own AI provider accounts or bypassing the gateway for AI execution. The AI gateway may route requests to third-party services such as AI model providers, search providers, hosting services, identity providers, code hosting services, payment processors, and infrastructure providers as needed to provide MerTek.

  • Provider availability, model behavior, pricing, context limits, usage reporting, safety systems, tool support, and output quality may change at any time.
  • When you use the AI gateway or an integration, prompts, attachments, temp images, request metadata, and related content may be transmitted to third-party providers as needed to perform the request.
  • Provider responses may include usage metrics that MerTek records for billing, credits, abuse prevention, troubleshooting, and squad-agent progress. We may prune provider usage blocks, secrets, headers, or metadata before returning responses to clients.
  • You must not submit API keys, passwords, tokens, secrets, payment card data, or regulated data unless you are authorized and the selected feature is appropriate for that data.
  • You are responsible for complying with these Terms, applicable third-party service terms, content policies, rate limits, licensing rules, and applicable law.

Billing, Subscriptions, Credits, and Taxes

  • Paid plans, subscriptions, credit bundles, usage-based charges, and add-ons are billed through our payment processor or another method we approve. You authorize recurring charges, taxes, and usage charges disclosed at purchase until you cancel or the plan ends.
  • Subscriptions renew automatically unless canceled before the renewal date. You can manage or cancel through the billing portal when available or by contacting support if the portal is unavailable.
  • Plan limits, included credits, daily credits, credit-back amounts, squad limits, concurrent-agent limits, model availability, and usage pricing may vary by tier and may change prospectively.
  • Credits roll over month to month while your account remains active and in good standing; MerTek does not expire unused Credits at the end of a monthly billing period for normal plan usage.
  • MerTek does not use fixed 5-hour usage windows or 7-day included-credit expiration periods, though we may still apply operational, abuse-prevention, security, provider, or legal limits as described in these Terms.
  • Credits are a limited, revocable, non-cash accounting unit for MerTek usage. Credits are not money, stored value, property, or a gift card; they are not transferable; and they may be limited or forfeited where allowed by law if your account is terminated or inactive.
  • We may correct billing errors, pricing errors, crediting errors, or usage metering errors. Except where required by law or expressly stated at purchase, fees and credits are non-refundable, including when access is suspended, terminated, or banned for violations of these Terms.
  • You are responsible for taxes, payment method validity, chargebacks, and all charges incurred by users, devices, automations, agents, or integrations associated with your account or organization.

Acceptable Use

  • Do not use MerTek to violate laws, infringe rights, invade privacy, impersonate others, mislead people, generate deceptive reviews or endorsements, manipulate elections, exploit children, create non-consensual sexual content, harass, threaten, or facilitate violence.
  • Do not attack systems, bypass security, evade rate limits, distribute malware, steal credentials, exfiltrate data, scrape without authorization, abuse third-party services, or use MerTek to gain unauthorized access.
  • Do not interfere with MerTek infrastructure, authentication, billing, update channels, telemetry, security controls, AI gateway controls, support systems, or other users.
  • Do not process, upload, share, or command actions against data, systems, or accounts you are not authorized to use.
  • Do not use MerTek for high-risk activities where failure could lead to death, personal injury, environmental harm, critical infrastructure failure, weapons use, emergency response, or other severe harm without appropriate independent safeguards and human review.

Illegal and Abusive Content

MerTek is built to help people do useful, lawful work. It is not a place to test the edges of taboo, abusive, or forbidden topics, and it may not be used to skirt safety rules, provider policies, or the law. Users must obey applicable United States federal, state, and local laws, as well as the laws that apply where they live, work, or use MerTek.

  • Do not use MerTek to create, request, upload, process, distribute, obtain, store, or facilitate nudity, pornography, sexually explicit content, non-consensual intimate imagery, sexual exploitation, sexual services, trafficking, or sexualized abuse.
  • Do not use MerTek for any content, request, workflow, image, message, file, or activity involving child sexual abuse material, child exploitation, grooming, sexualization of minors, abuse of minors, instructions for harming children, or any other harm against children. This prohibition applies whether the material is real, synthetic, fictionalized, edited, partially generated, or only attempted.
  • Do not use MerTek to request, generate, transform, summarize, troubleshoot, or operationalize illegal or dangerous instructions, including bomb-making, explosives, weapons construction or acquisition, evasion of law enforcement, violent extremism, terrorism, regulated substance synthesis, illegal chemistry, cyber abuse, credential theft, fraud, scams, extortion, stalking, or other conduct intended to cause harm or violate the law.
  • Do not use MerTek to bypass abuse monitoring, content filters, provider safeguards, security controls, account restrictions, legal requirements, or moderation decisions.

Safety, Illegal Activity, and Law Enforcement

We support lawful human freedom and believe people should have broad civil liberties and freedom from government overreach. Those values do not extend to unlawful activity, exploitation, abuse, or harm to children. MerTek has zero tolerance for illegal use of the service, child exploitation, child sexual abuse material, grooming, trafficking, credible threats, or other serious harm. We may investigate, preserve, restrict, remove, report, or disclose content, account information, device information, logs, prompts, outputs, uploaded files, payment information, and related records when we believe it is required by law, responsive to valid legal process, or reasonably needed to protect children, users, the public, our systems, or others from serious harm. Where lawful and appropriate, we may proactively cooperate with law enforcement, child safety organizations, regulators, government agencies, and other authorities investigating illegal activity or threats to safety.

Violations, Bans, and Legal Consequences

Violations of these Terms are taken seriously. If you violate these Terms, misuse MerTek, or use MerTek for unlawful activity, we may immediately suspend or permanently ban your account, organization, devices, and related access.

  • Violations may result in temporary restrictions, temporary suspension, permanent termination, permanent bans, blocked devices, revoked credits, removal of content, or loss of access to MerTek services.
  • Enforcement actions taken because of violations are not eligible for refunds, credits, or compensation except where required by law.
  • We may preserve evidence, place legal holds, and retain records needed for legal, security, audit, abuse-prevention, and compliance purposes.
  • Serious violations may be reported to appropriate authorities and may lead to civil liability, regulatory action, criminal referral, or prosecution.

Third-Party Services

Third-party services are not controlled by ManorSoft. Your use of integrations, AI providers, model providers, operating system services, browsers, payment processors, code hosts, cloud storage, search providers, package managers, and other third-party products may be subject to separate terms, policies, fees, rate limits, and availability. We are not responsible for third-party services, outputs, outages, pricing, security, data handling, or changes.

Security and Privacy

Our Privacy Policy explains how we collect, use, and share information. You are responsible for securing your devices, browsers, credentials, local files, local networks, backups, and users. You must promptly tell us if you believe your account, device, token, payment method, or organization has been compromised.

Intellectual Property

MerTek, MerTekPlatform, MerTekStak, MerGen, MerBuf, and related software, designs, names, logos, documentation, source code, compiled code, workflows, schemas, prompts, models of operation, systems, and other product materials are owned by ManorSoft or its licensors. These Terms do not transfer ownership of MerTek or its intellectual property to you. Feedback, suggestions, ideas, bug reports, and improvement requests may be used by us without restriction or compensation to you.

Open Source and Third-Party Components

MerTek may include open-source or third-party components governed by their own licenses. Those licenses apply to the relevant components. Nothing in these Terms limits rights you may have under those licenses.

Beta and Experimental Features

Some features may be alpha, beta, preview, experimental, incomplete, unsupported, or subject to change, including AI gateway behavior, model availability, local automation, remote control, machine administration tools, screenshots, image generation, starter squads, credits, and billing features. They may be modified, limited, suspended, or removed at any time.

Support and Availability

Unless we agree in a separate signed agreement, MerTek is provided without service-level commitments, uptime commitments, backup commitments, support response commitments, or guaranteed compatibility. We may limit, suspend, throttle, update, remove, or discontinue features for security, maintenance, legal, abuse-prevention, provider, business, or operational reasons.

We strive to preserve uptime and keep MerTek available, but we intend to release updates at least weekly and may release more often. Planned or emergency maintenance, deployments, migrations, security work, provider outages, local runtime updates, or other operational needs may cause service disruptions, degraded performance, unavailable features, interrupted sessions, or temporary inability to access MerTek. When practical, we will attempt to save in-progress work, checkpoint active task or agent state, notify active users, prevent new work from starting, and sign users out cleanly before maintenance or updates begin, but we cannot guarantee that every session, command, output, upload, local action, or in-progress task will be preserved or completed without interruption.

Disclaimers

To the fullest extent permitted by law, MerTek is provided "as is," "as available," and "with all faults." We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, security, and reliability. We do not guarantee that MerTek will be uninterrupted, error-free, secure, compatible, or free from data loss, or that AI outputs, diagnostics, code, commands, recommendations, screenshots, image outputs, or search results will be accurate, lawful, safe, complete, or suitable for your use case.

Limitation of Liability

To the fullest extent permitted by law, ManorSoft, its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages; lost profits; lost revenue; lost savings; loss of goodwill; business interruption; loss, corruption, disclosure, or deletion of data; device, file, process, service, or system changes; provider charges; security incidents; or third-party claims arising out of or related to MerTek or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims arising out of or related to MerTek or these Terms will not exceed the greater of (a) the amounts you paid to ManorSoft for MerTek during the three months before the event giving rise to the claim or (b) USD $100.

Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless ManorSoft, its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your content, your use of MerTek, your violation of these Terms, your violation of law or third-party rights, your use of third-party services, or your commands, automations, local machine actions, remote device actions, or organization users.

Termination

You may stop using MerTek at any time. We may suspend, limit, terminate, or permanently ban access to MerTek, accounts, devices, features, integrations, credits, or content at any time if we believe you violated these Terms, create risk, fail to pay, or if continued service is no longer practical or lawful. Enforcement actions for violations are not eligible for refunds or credits except where required by law. After termination, sections that by their nature should survive will survive, including ownership, payment obligations, disclaimers, limitations of liability, indemnity, dispute terms, and records needed for legal, security, accounting, backup, or abuse-prevention purposes.

Export, Sanctions, and Compliance

You must comply with all applicable export control, sanctions, anti-corruption, privacy, data protection, consumer protection, employment, intellectual property, cybersecurity, and other laws. You may not use MerTek to export, re-export, transfer, or provide access to software, technical data, AI outputs, or services in violation of applicable law.

Disputes and Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, except where applicable consumer protection law requires otherwise. To the fullest extent permitted by law, disputes will be handled individually, not as a class or representative action, and the parties waive any right to a jury trial. Before filing a claim, each party will try in good faith to resolve the dispute informally by written notice and a reasonable opportunity to respond.

Changes

We may update these Terms as MerTek changes. The effective date above shows when this version was published. Continued use of MerTek after changes means you accept the updated Terms. If a change materially affects your rights or obligations, we may provide notice through the website, app, account email, or other reasonable method.

Electronic Communications

You agree that we may communicate with you electronically about MerTek, including account, billing, legal, security, support, and service notices. Electronic notices satisfy legal notice requirements unless applicable law requires a different method.

SMS Notifications Program Terms

Program name: MerTek SMS Notifications. Program description: recurring SMS account, security, and system notifications related to your MerTek account and services. This program is not intended for normal promotional marketing campaigns.

  • Opt-in methods for this program include the in-product profile settings controls in the MerTek web app and the MerTek LocalClient app, where phone number entry and SMS consent are captured separately from Terms and Privacy acceptance.
  • Message frequency varies by account activity and service events.
  • Message and data rates may apply.
  • Reply STOP to opt out.
  • Reply HELP for help.
  • Customer care contact: hello@mertek.ai.
  • Carriers are not liable for delayed or undelivered messages.
  • SMS consent is optional and is not a condition of purchase.
  • See our Privacy Policy for details on how SMS consent and mobile data are handled.

Contact

Questions about these Terms can be sent to hello@mertek.ai.