Terms of Use

1. Scope and client agreements

This website and the MERCHED platform are provided by MERCHED Golf LLC. These Terms describe permitted website use and general service rules. Access to paid client services is governed by the Client Services Agreement accepted by the client, together with applicable order forms and other expressly incorporated terms.

If these Terms or a website summary conflict with a signed or otherwise validly accepted client agreement, that agreement controls the client relationship, subject to applicable law. Browsing the website, viewing a demo, or scheduling a consultation does not enroll you in a paid subscription or constitute acceptance of a client agreement. Additional paid features require agreement to their pricing and terms.

2. Planning support and client decisions

MERCHED provides merchandise planning and decision-support tools, including analysis, forecasts, category and brand allocations, style and size recommendations, budgets, seasonal buying plans, and reports. Features may change over time.

Recommendations support your judgment; they are not purchase instructions or guarantees. MERCHED does not purchase merchandise, place orders, or enter vendor commitments on your behalf. You retain responsibility and final authority for inventory, purchasing, vendor, product, pricing, budgeting, and other business decisions.

Historical results, forecasts, examples, and projections do not guarantee future sales, revenue, profitability, margins, sell-through, turnover, or other outcomes. AI-assisted and automated outputs can be inaccurate or incomplete and must be reviewed before use.

3. Authorized access and client information

Only authorized users may access a club workspace. Keep credentials secure, use only accounts you are authorized to use, and report suspected unauthorized access promptly. A person accepting an agreement for a club must have authority to bind that organization.

You are responsible for having the rights, permissions, and authority needed to supply information and permit its processing. Clients remain responsible for the accuracy, completeness, validity, and quality of their data. Validation or normalization by MERCHED does not independently verify that data. Missing or unreliable information can delay services or affect recommendations.

4. Acceptable use

You may not use the website or platform to:

• Access or attempt to access accounts, systems, or information without authorization, including another client’s confidential information.
• Bypass authentication, permissions, security, or other access controls.
• Introduce malware or harmful material, or disrupt, damage, or misuse the service or third-party systems.
• Engage in unlawful or fraudulent activity or violate others’ intellectual property, privacy, or other rights.
• Improperly copy, extract, reverse engineer, sell, license, distribute, modify, or create derivative works from MERCHED’s proprietary technology, except where a restriction is prohibited by applicable law.
• Use MERCHED, its client outputs, or access to the platform to develop, train, or assist the development of a competing software product or service in violation of the client agreement.

5. Ownership and permitted output use

Clients retain ownership of their Client Data. MERCHED retains its rights in the platform, underlying software, algorithms, analytical methods, recommendation systems, workflows, models, interfaces, designs, templates, documentation, trademarks, and branding. A subscription grants access for its term, not ownership of MERCHED technology.

Under the client agreement, client-specific plans, reports, analyses, recommendations, and exports may be downloaded, reproduced, and shared as reasonably needed for the client’s own business and merchandising purposes, including with employees, management, vendors, representatives, and consultants. This permission does not transfer the underlying technology or methods.

Third-party names and logos identify their respective owners. Displaying a brand in a plan or illustrative demo does not itself represent an endorsement, agency relationship, or promise of product availability.

6. Privacy, confidentiality, and AI

The Privacy Policy explains personal information handling and the treatment of Client Data. The Cookie Notice describes cookies and browser storage. The client agreement separately protects confidential Client Data and addresses authorized provider access and AI processing.

Do not use the public demo to submit real confidential client records. Its displayed plans and brand allocations are illustrative, and its local interactions do not place orders or update your club’s account.

7. Subscriptions and cancellation

MERCHED’s client agreement provides for a flat annual subscription, with fees stated in the applicable pricing documentation. The Subscription & Cancellation Policy summarizes annual renewal, written non-renewal notice, refunds, and data exports. The accepted client agreement and applicable law govern each subscription. Website browsing creates no payment obligation.

8. Availability, third parties, and service changes

We use commercially reasonable efforts to provide and maintain MERCHED. Software may experience errors, delays, interruptions, maintenance, or temporary unavailability. To the extent permitted by law, the website and services are provided as is and as available. We do not promise uninterrupted or error-free operation or compatibility with every system, file format, or technology.

Links to third-party websites and separately used services are governed by those providers’ terms. Client-agreement commitments about core functionality, service changes, suspension, and termination remain applicable.

9. Contract protections and disputes

For paid client services, the accepted Client Services Agreement contains the applicable warranty disclaimers, liability limitations, indemnification obligations, suspension and termination provisions, and dispute terms. These website Terms do not create a broader waiver or replace those negotiated protections.

The standard client agreement selects North Carolina law, calls for good-faith direct discussion before formal proceedings, and identifies North Carolina state or federal courts for unresolved disputes, to the extent permitted by law. It preserves access to urgent legal or equitable relief. Your accepted agreement controls; nothing here limits rights or liability that cannot legally be limited.

10. Changes and contact

We may update website Terms and identify the updated version by date. Changes to an existing client agreement remain subject to its notice and amendment provisions; publishing a website update alone does not replace those provisions.

Contact MERCHED Golf LLC at contact@merchedgolf.com with website-use or agreement questions. For account-access help, email support@merchedgolf.com.