Terms of Service

Last updated: 15 September 2026

These Terms of Service ("Terms") are an agreement between MERCHD LIMITED, a company registered in Ireland, of Unit 12 Fashion City, Ballymount, Dublin, D24 F2WR, Ireland ("Merchd", "we", "us"), and the business that creates an account or signs an order form with us ("Customer", "you").

By creating an account, starting a trial or using the Service, you agree to these Terms on behalf of your business. If you are agreeing for a company or other organisation, you confirm you have authority to bind it.

1. Who the Service is for

1.1 Merchd is a business-to-business service, intended for businesses to create images, video and text to sell or market their products.

1.2 You must be at least 18 years old to use the Service.

1.3 If you use the Service as a consumer despite 1.1, nothing in these Terms removes rights you have under consumer law that cannot be excluded by contract.

2. Definitions

• Service: the Merchd web application and its features, including image generation, video clips, the Magic Editor, product descriptions and store integrations, and related support.
• Organisation: the business account that holds your subscription, Credits and workspaces.
• Workspace: a space within an Organisation where content, models, backgrounds and settings are kept.
• User: an individual you allow to access your Organisation.
• Inputs: anything you or your Users provide to the Service, including product photos, logos, labels, inspiration images, reference images, text instructions, product data and data imported from connected stores.
• Outputs: images, video, descriptions and other content the Service generates for you.
• Customer Content: Inputs and Outputs together.
• AI Providers: third-party companies whose AI models generate or analyse content for the Service (see 7.2).
• Credits: the units used to measure use of generation features, as described on our pricing page.
• Order Form: any separate signed order or agreement with Merchd that refers to these Terms.

3. Your account, Organisation and Users

3.1 Account security. Keep login details confidential and tell us promptly at legal@merchd.io if you suspect unauthorised access. You are responsible for everything done through your Organisation's accounts.

3.2 Roles. Organisations have owners, admins and members. The owner controls billing and membership. You are responsible for your Users' compliance with these Terms.

3.3 Content belongs to the Organisation. Customer Content created in a Workspace belongs to the Organisation, not to the individual User. If a User leaves or is removed, the content stays with the Organisation and that User loses access.

3.4 Shared Credits. Credits and plan limits belong to the Organisation and are shared by its Users.

3.5 Support access. Authorised Merchd staff may access your Organisation to provide support you have asked for, to investigate a technical issue, or to enforce these Terms. We keep a record of this access.

4. The Service

4.1 We will provide the Service with reasonable skill and care, and substantially as described in our product documentation.

4.2 We continually improve the Service. We may add, change or remove features, and change which AI models we use, provided we do not materially reduce the core functionality of your paid plan during a billing period. Where a change materially affects you, we will give you reasonable notice.

4.3 Beta features. Features labelled beta, preview or experimental are provided as-is, may change or be withdrawn, and are excluded from any service commitments.

4.4 Availability. We aim to keep the Service available but do not guarantee uninterrupted access. Maintenance, AI Provider outages and rate limits can affect availability and generation times. Any service levels we commit to are set out in your Order Form.

5. Customer Content

5.1 You own your Inputs. You keep all rights you have in your Inputs.

5.2 You own your Outputs. As between you and Merchd, you own the Outputs generated for you. To the extent Merchd has any rights in an Output, we assign them to you. You may use Outputs for any lawful purpose, including commercial use in any medium, and this continues after your subscription ends. This does not give you ownership of Merchd's software, templates, background library, presets or other material we make available to all customers, which you may use within your Outputs.

5.3 Our limited licence to your content. You give Merchd a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit and display Customer Content only as needed to:

1. provide, secure and support the Service for you, including sending Inputs to AI Providers to generate Outputs;
2. deliver Outputs to you and to the stores and storage services you connect; and
3. comply with law and enforce these Terms.

This licence ends when the relevant Customer Content is deleted, except for copies we must keep by law or that remain in routine backups until they expire.

5.4 No training. Merchd does not use your Customer Content to train or fine-tune AI models, and does not use it in our marketing without your written permission. We use our AI Providers' paid services, whose terms state that they do not use this data to train their models.

5.5 Your responsibilities for Inputs. You confirm that for every Input:

1. you own it or have all rights, licences and permissions needed to use it with the Service, including the rights of any photographer, brand or other third party;
2. where it shows an identifiable person, you have that person's consent, as required by law, to use their image with the Service and for the Outputs you intend to create, and where that person is a child, the consent of their parent or guardian; and
3. it complies with the Acceptable Use Policy below.

5.6 Monitoring. We do not routinely review Customer Content. We may review it, and remove or disable access to it, where we reasonably believe it breaches these Terms or the law, or following a complaint under section 10.

6. AI-generated content: what to expect

6.1 Outputs are generated by AI and can be wrong. AI generation is probabilistic. The same Inputs produce different results each time, and Outputs can contain errors, including inaccurate colours, patterns, text, logos or construction details, or features the real product does not have.

6.2 You must review Outputs before use. You are responsible for checking each Output before you publish or rely on it, and in particular for making sure images and descriptions accurately represent the product you are selling. Merchd publishes to connected stores only when a User chooses to, and creates products as drafts where the store allows it.

6.3 Outputs may not be unique. Other customers may receive similar Outputs, particularly from similar Inputs. Your ownership of your Outputs does not extend to similar content generated for others.

6.4 Protection is not guaranteed. We do not guarantee that Outputs can be protected by copyright or other intellectual property rights, or that no third party will claim rights in similar content.

6.5 Synthetic models. Unless you supply a reference image of a real person, the people shown in Outputs are generated by AI. They are not intended to depict or resemble any real person, and any resemblance is unintended. Models may be adults or, for children's clothing and products, children. If you believe an Output resembles a real person, tell us under section 10 and stop using it until the matter is resolved.

6.6 AI-content marking. Outputs generated by some AI Providers carry an invisible watermark or other provenance information identifying them as AI-generated. You must not deliberately remove or alter this information.

6.7 Labelling. You are responsible for complying with any law that requires you to disclose that content was AI-generated, including the EU Artificial Intelligence Act where it applies to your use of Outputs.

6.8 Content filters. Merchd and our AI Providers apply safety and content filters. Legitimate requests are sometimes blocked, including some swimwear, lingerie and close-fitting garments. A blocked request is not charged. You must not try to get around these filters.

7. Third-party services

7.1 Store and storage integrations. The Service can connect to third-party platforms such as Shopify, WooCommerce, BigCommerce, Magento, Faire, Google Drive and Microsoft OneDrive. Your use of those platforms is governed by their terms. We are not responsible for them, for changes to their services, or for what you publish through them. You authorise us to access connected accounts only as needed to carry out the actions you request.

7.2 AI Providers and subprocessors. The Service uses AI models from Google (Gemini) and, where your plan allows and you choose it, OpenAI. Our list of subprocessors is on our Subprocessors page, which we keep up to date.

7.3 Payments and sign-in. Payments are processed by Stripe. Sign-in and account management are provided by Clerk.

8. Plans, Credits and payment

8.1 Plans. Plans, prices, Credit allowances, feature limits and the Credit cost of each feature (for example, higher-resolution images and video clips cost more Credits) are shown on our pricing page and in the app at the time of purchase.

8.2 How Credits are used. Credits are deducted only when an image, clip or other billable result is successfully generated. Failed or blocked generations are not charged.

8.3 Plan Credits. Your plan's Credit allowance applies to each billing period. Unused plan Credits do not carry over to the next billing period.

8.4 Credit packs. Credit packs are one-time purchases that add Credits to your Organisation. Plan Credits are used first, then pack Credits, oldest pack first. Pack Credits expire 12 months after the date of purchase. Using pack Credits requires an active subscription or trial.

8.5 Credits are not money. Credits have no cash value, cannot be transferred or sold, and are not refundable except as stated in these Terms or required by law. Credits we give free of charge may carry their own conditions.

8.6 Free trial. New Organisations can try a paid plan free for 7 days. A payment card is required, and trial usage is limited to 100 Credits. Unless you cancel before the trial ends, your subscription starts automatically and your card is charged.

8.7 Renewal. Subscriptions renew automatically at the end of each monthly or annual billing period until cancelled.

8.8 Cancellation. You can cancel at any time from your billing settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.

8.9 Refunds. The 7-day free trial lets you evaluate the Service before paying. Once the free trial has ended, all fees, including subscription fees and credit pack purchases, are non-refundable, except where we end your subscription without cause under 12.3 or where the law requires a refund.

8.10 Price changes. We may change prices by giving at least 30 days' notice. The new price applies from your next renewal. If you do not agree, you can cancel before it takes effect.

8.11 Failed payments. If a payment fails, we will notify you. Generation remains available for 7 days while you update your payment details, after which we may suspend generation until payment is made.

8.12 Taxes. Prices exclude VAT and other taxes, which are added at checkout where applicable. Business customers elsewhere in the EU may be subject to the reverse charge.

9. Acceptable use

9.1 You must comply with the Acceptable Use Policy below, which forms part of these Terms.

9.2 You must not:

1. copy, resell, sublicense or provide the Service to third parties except as your plan allows;
2. reverse engineer the Service or try to extract its prompts, source code or models;
3. access the Service by automated means except through features or APIs we provide;
4. interfere with the Service's security or other customers' use of it;
5. use the Service or its Outputs to build a competing product, or to train or improve any AI model; or
6. get around plan limits, Credit controls or content filters.

10. Complaints, takedowns and lookalike claims

10.1 Anyone may report content generated or hosted through the Service that they believe infringes intellectual property, depicts them or another real person without consent, or is otherwise unlawful, by emailing legal@merchd.io with: their contact details; the content concerned (an image link or description); the right they believe is affected and why; and, for a likeness claim, enough information to confirm it relates to them.

10.2 We will acknowledge reports promptly and act on valid reports without undue delay. Where appropriate, we will remove or disable access to the content and notify the Customer concerned.

10.3 We may suspend or terminate Users or Organisations that repeatedly infringe the rights of others.

11. Confidentiality and data protection

11.1 Confidentiality. Each party will keep the other's non-public business information confidential and use it only for the purposes of these Terms. This does not apply to information that is public, already known to the recipient, independently developed, or required to be disclosed by law.

11.2 Privacy. Our Privacy Policy explains how we handle personal data about you and your Users.

11.3 Processing on your behalf. Where we process personal data on your behalf, for example an identifiable person in an Input, we act as your processor and will process that data only on your instructions and to provide the Service. Our standard Data Processing Agreement is being finalised. Business customers who need one now can request it at legal@merchd.io.

11.4 Where data is processed. Our infrastructure and AI Providers process data in the European Union, the United Kingdom and the United States, as set out on our Subprocessors page. Where personal data is transferred outside the European Economic Area, we rely on the safeguards our providers offer, such as the EU Standard Contractual Clauses or the EU-US Data Privacy Framework.

11.5 Security. We use appropriate technical and organisational measures to protect Customer Content, including encryption in transit and encryption of stored integration credentials.

12. Term, suspension and termination

12.1 These Terms apply from when you first use the Service until your Organisation is closed.

12.2 Suspension. We may suspend all or part of the Service immediately if you breach the Acceptable Use Policy, if your use presents a security risk or could create legal liability for us or others, or if payment is overdue as described in 8.11. We will tell you why and restore access once the issue is resolved.

12.3 Termination. Either party may terminate for a material breach that is not fixed within 30 days of written notice. We may also terminate without cause on 30 days' notice, in which case we will refund prepaid fees for the period after termination and any unused paid pack Credits.

12.4 After termination. Download any Outputs you want to keep before your access ends. Once your Organisation is closed, you can ask us to delete your Customer Content by emailing privacy@merchd.io, and we will do so except where the law requires us to keep it. Sections 5.2, 6, 11, 13, 14, 15 and 17 continue after termination.

13. Warranties and disclaimers

13.1 Each party confirms it has the authority to enter into these Terms.

13.2 Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service and Outputs are provided "as is". We do not warrant that the Service will be error-free or uninterrupted, or that Outputs will be accurate, unique, fit for a particular purpose, or free from third-party claims.

14. Indemnities

14.1 Your indemnity. You will defend Merchd against any third-party claim, and pay the resulting damages, costs and reasonable legal fees, to the extent the claim arises from:

1. your Inputs, including a claim that an Input infringes someone's rights or was used without a depicted person's consent;
2. Outputs you have modified, or your use of Outputs in breach of these Terms or the law, including publishing an Output that misrepresents your product; or
3. your breach of the Acceptable Use Policy.

This does not apply to the extent the claim is caused by Merchd's breach of these Terms.

14.2 Merchd's indemnity. Merchd does not give an indemnity under these standard Terms. Enterprise customers may agree an indemnity with us in an Order Form.

14.3 Process. The indemnified party must promptly notify the other of the claim, let the indemnifying party control its defence and settlement, and give reasonable help. The indemnifying party may not settle in a way that admits fault on the other party's behalf without its consent.

15. Limitation of liability

15.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be limited by law.

15.2 Neither party is liable for loss of profits, revenue, business, goodwill or data, or for any indirect or consequential loss.

15.3 Each party's total liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of €500 and the fees you paid to Merchd in the 12 months before the event giving rise to the claim. This cap does not apply to your payment obligations or to your indemnity under 14.1.

16. Changes to these Terms

16.1 We may update these Terms. We will give at least 30 days' notice of material changes by email or in the app. If you keep using the Service after the changes take effect, you accept them. If you do not agree, you can cancel before they take effect.

16.2 Changes needed for legal or security reasons may take effect sooner.

17. General

17.1 Order of precedence. If there is a conflict, this order applies: an Order Form, then any Data Processing Agreement (for personal data), then these Terms, then the Acceptable Use Policy.

17.2 Entire agreement. These Terms, any Order Form and the documents they refer to are the entire agreement between us on their subject. Terms in any purchase order you issue do not apply.

17.3 Assignment. You may not transfer these Terms without our written consent. We may transfer them to a group company or as part of a merger or sale of our business, and will tell you if we do.

17.4 Events beyond our control. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages at AI Providers or infrastructure providers.

17.5 Publicity. We will not name you as a customer without your permission.

17.6 Feedback. If you give us suggestions, we may use them without any obligation to you.

17.7 Notices. We send notices to the email address of your Organisation's owner. You can send notices to legal@merchd.io.

17.8 Severability and waiver. If any part of these Terms is found unenforceable, the rest continues. Not enforcing a right is not a waiver of it.

17.9 Governing law and courts. These Terms are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction, except that either party may seek urgent relief in any court.

Acceptable Use Policy

You and your Users must not use the Service to create, upload or share content that breaks any of the rules below.

Real people

1. Do not depict or imitate an identifiable real person, including a public figure, celebrity, employee or customer, without their consent, or in a way that could mislead anyone into thinking the content is a genuine image of them.
2. Do not use a real person's photograph as a reference (for example in the Magic Editor or as a model reference) without that person's consent.
3. Do not name a real person in text instructions with the aim of reproducing their likeness.

Children

4. Only generate images of children to present children's clothing, footwear or accessories.
5. Images of children must be age-appropriate and non-suggestive in pose, styling, expression and setting, including for swimwear, underwear and nightwear.
6. Do not upload photographs of a real child unless you have the written consent of their parent or guardian, and then only for product imagery.
7. Never create or attempt to create content that sexualises or exploits children. We will terminate the accounts involved and report suspected child sexual abuse material to the relevant authorities.

Intellectual property and brands

8. Do not infringe copyright, trademarks, design rights or other rights, including by uploading photographs you do not have the right to use, or reproducing another brand's logo, products or campaign imagery without permission.
9. Do not present a product as being from a brand it is not from, or as genuine when it is counterfeit.

Misleading content

10. Do not misrepresent a product you sell, for example by showing features, materials, colours or quality it does not have, in a way that could mislead buyers.
11. Do not use the Service to deceive people about whether content is real, including presenting AI-generated images of people as genuine photographs where that would be misleading or where disclosure is required.
12. Do not use the Service for political campaigning or elections.

Harmful content

13. Do not create sexually explicit or pornographic content, or content that sexualises anyone.
14. Do not create hateful, harassing, violent or threatening content, or content that promotes self-harm.
15. Do not create unlawful or defamatory content, or content that violates anyone's privacy.

Misuse of the Service

16. Do not try to bypass Merchd's or our AI Providers' safety filters or controls.
17. Do not remove or alter AI watermarks or provenance information.
18. Do not use Outputs to train or improve AI models.

We may remove content, and suspend or terminate accounts, that breach this policy. Report breaches to legal@merchd.io.

Contact

MERCHD LIMITED, Unit 12 Fashion City, Ballymount, Dublin, D24 F2WR, Ireland.
Legal: legal@merchd.io. Privacy: privacy@merchd.io.