Last updated: April 5, 2026
By downloading, installing, accessing, or using Merlin ("the Software" or "the Service"), you ("User", "you") agree to be bound by these Terms of Service ("Terms"). Merlin is operated by Envision Media Holdings LLC ("Company", "we", "us", "our"). If you are using Merlin on behalf of a business or entity, you represent and warrant that you have authority to bind that entity to these Terms, and "you" refers to that entity.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
Merlin is an AI-powered marketing automation desktop application that uses artificial intelligence to assist with advertising campaign creation, management, optimization, content generation, and analytics across third-party platforms. Merlin requires a separate Claude subscription or API key (provided by Anthropic, PBC) to function. We are not affiliated with, endorsed by, or partnered with Anthropic. We are an independent third-party application that utilizes the Claude Agent SDK. Service availability depends on continued access to third-party AI providers. Changes to provider terms, pricing, usage policies, or API availability may affect Software functionality, and we shall have no liability for any such changes.
YOU ACKNOWLEDGE AND AGREE THAT:
CRITICAL: Merlin may create, modify, pause, duplicate, scale, or terminate advertising campaigns on connected platforms (Meta, Google, TikTok, Amazon, and others). You acknowledge and agree that:
You are responsible for maintaining the confidentiality and security of your advertising platform credentials, API keys, OAuth tokens, and Merlin license key. You must not share, transfer, or resell your license. You must be at least 18 years old and legally capable of entering into binding contracts. You are responsible for all activity that occurs under your account and connected platform accounts.
Merlin offers a 7-day free trial from first installation. After the trial period, a paid subscription is required for continued use. Your subscription will automatically renew at the end of each billing period at the then-current rate until you cancel. Payments are processed through Stripe, Inc. You may cancel at any time through the subscription management portal. Cancellation takes effect at the end of the current billing period. Refunds are available within 14 days of initial purchase only; no refunds are provided for subsequent renewal periods.
Merlin offers a referral program and an affiliate program. By participating, you agree that:
Merlin connects to third-party services including but not limited to: Meta Platforms (Facebook, Instagram), Google (Google Ads), Amazon, TikTok, Shopify, Klaviyo, Pinterest, Snapchat, X (Twitter), fal.ai, ElevenLabs, HeyGen, ArcAds, and Anthropic (Claude). We do not control and accept no responsibility for any loss, damage, account suspension, policy violation, or other adverse outcome that may arise from your use of any third-party service through Merlin. Each third-party service is governed by its own terms of service and privacy policy, which you are independently bound by.
Subject to applicable AI-generated content laws in your jurisdiction, content generated through Merlin (ad copy, images, videos, blog posts) is owned by you. The Merlin software, binary code, algorithms, brand, name, logo, documentation, command files, and all proprietary methodologies remain the exclusive property of Envision Media Holdings LLC. All rights not expressly granted are reserved.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ENVISION MEDIA HOLDINGS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or related to:
This indemnification obligation survives termination of these Terms and your use of the Software.
THE SOFTWARE, ALL AI-GENERATED OUTPUTS, ANALYTICS, RECOMMENDATIONS, AND ALL RELATED SERVICES ARE 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, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, we do not warrant that: (a) the Software will meet your requirements; (b) the Software will be uninterrupted, timely, secure, or error-free; (c) AI-generated content will be accurate, reliable, or suitable for any particular purpose; (d) advertising campaigns will produce any particular results, revenue, or return on investment; (e) budget safeguards will prevent all overspend scenarios; (f) any defects in the Software will be corrected.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENVISION MEDIA HOLDINGS LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, AD SPEND, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SOFTWARE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
You may not: (a) reverse engineer, decompile, disassemble, or otherwise reduce the Software to human-readable form, except where prohibited by applicable law; (b) use Merlin to violate any advertising platform policy, applicable law, or third-party right; (c) resell, sublicense, redistribute, or provide access to the Software to third parties; (d) use automated tools to circumvent trial, subscription, or license restrictions; (e) create derivative works based on the Software; (f) use the Software for any unlawful, fraudulent, or deceptive purpose; (g) attempt to gain unauthorized access to any systems or networks connected to the Software; (h) interfere with or disrupt the integrity or performance of the Software or related systems.
We may suspend or terminate your access to the Software at any time, with or without cause, with or without notice. Upon termination: (a) your license to use the Software immediately ceases; (b) you must uninstall the Software and delete all copies; (c) provisions that by their nature should survive termination shall survive, including but not limited to Sections 3, 4, 10, 11, 12, and 15. You may terminate by canceling your subscription and uninstalling the Software.
Effect on Automated Tasks: Upon expiration of your trial or subscription, all scheduled automated tasks (daily content generation, ad optimization, weekly digests) will immediately cease. We are not responsible for any advertising spend, content publication, or campaign modifications made by automated tasks that execute before expiration takes effect.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
BINDING ARBITRATION: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in English, by a single arbitrator, in Wilmington, Delaware or remotely via video conference at the arbitrator's discretion. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, the entirety of this arbitration provision shall be null and void (but the remaining Terms shall remain in effect).
EXCEPTIONS: Either party may bring claims in small claims court (if the claim qualifies) or seek injunctive relief in any court of competent jurisdiction for intellectual property infringement.
OPT-OUT: You may opt out of this arbitration provision by sending written notice to legal@merlingotme.com within 30 days of first accepting these Terms. If you opt out, disputes shall be resolved exclusively in the state or federal courts located in Delaware.
You may not export or provide access to the Software into any U.S. embargoed country or to anyone on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Department of Commerce's Denied Persons List, or any other restricted party list.
If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Envision Media Holdings LLC regarding the Software and supersede all prior agreements, representations, and understandings.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. Any delay or failure to enforce a provision of these Terms is not a waiver of our right to enforce it later.
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, government actions, third-party service outages (including Anthropic/Claude, Meta, Google, Amazon, TikTok, Shopify, Stripe, fal.ai, or any other provider), internet service interruptions, power failures, hardware failures, or any other event beyond our control. During a force majeure event, our obligations are suspended for the duration. If an outage affecting core Software functionality persists for more than 30 consecutive days, you may terminate your subscription and receive a pro-rata refund for the unused portion of your billing period.
In the event of a security breach that results in unauthorized access to personal information stored on our servers, we will: (a) notify affected users via email within 72 hours of confirming the breach; (b) notify applicable regulatory authorities as required by law; (c) provide a description of the breach, the types of data affected, and steps being taken to address it. This notification obligation applies only to data stored on our servers (license records, Wisdom metrics, error reports) — not to data stored locally on your device, for which you are responsible.
We reserve the right to modify, suspend, or discontinue the Software or any features at any time without notice or liability. We may update these Terms from time to time. Continued use after changes constitutes acceptance. Material changes will be communicated via the application or email. For subscription auto-renewals, we will send a renewal reminder email at least 7 days before each billing date to the email address associated with your account.
By using Merlin, you consent to receive electronic communications from us regarding your account, subscription, updates, and marketing (which you may opt out of). These electronic communications satisfy any legal requirement that communications be in writing.
Questions about these Terms? Email legal@merlingotme.com