Terms of Service

1. The Service

GMerge helps you create personalized mail-merge campaigns from Gmail, track opens and clicks, and schedule follow-ups. Emails are sent through your Gmail account via Google's APIs after you connect your account. We provide software and infrastructure; we are not the sender of record for your campaigns.

2. Eligibility

You must be able to form a binding contract and be at least 13 years old (or the age of digital consent in your country). If you use GMerge for an organization, you represent that you have authority to bind that organization to these Terms.

3. Accounts and Google access

• You sign in by connecting a Google account and granting Gmail permissions needed to send and detect replies. Drive/Sheets permissions are requested separately only if you import a spreadsheet from Google Drive.
• You are responsible for keeping access to your Google account secure and for all activity that occurs through your connected account.
• You may disconnect GMerge in your Google Account permissions or by signing out and requesting account deletion via Support.

4. Acceptable use

You agree not to use GMerge to:

• Send spam, unsolicited bulk email, phishing, malware, or any content that violates applicable law (including CAN-SPAM, GDPR, and similar rules where they apply)
• Email people who have not consented to receive messages from you, or ignore unsubscribe / opt-out requests
• Impersonate others, misrepresent your identity, or abuse Google, Gmail, or third-party services
• Attempt to reverse engineer, disrupt, or overload the Service, or bypass plan limits and security controls
• Upload or process content you do not have the right to use

You are solely responsible for your recipient lists, email content, merge data, and compliance with Gmail's and Google's policies. We may suspend or terminate accounts that we reasonably believe violate these Terms or create risk for us or others.

5. Plans, billing, and limits

• Free and paid (Pro) plans may include different daily send limits and features. Limits are described on the billing page and may change with notice.
• Paid subscriptions are billed through Stripe. By subscribing you authorize recurring charges according to the plan you select until you cancel.
• You can manage or cancel via the Billing page / Stripe customer portal. Fees already paid are generally non-refundable except where required by law or expressly stated by us.
• Gmail itself also enforces sending quotas. Hitting Google's limits may block sending even if you are within your GMerge plan allowance.

6. Your content

You retain ownership of campaigns, templates, recipient data, and other content you submit ("Your Content"). You grant us a limited license to host, process, and transmit Your Content solely to operate and improve the Service (for example, sending mail merges and showing tracking in your dashboard). You represent that you have all rights needed to use Your Content with GMerge.

7. Intellectual property

GMerge, including its software, branding, and documentation, is owned by us or our licensors. These Terms do not grant you any right to use our name or marks except as needed to identify that you use the Service.

8. Third-party services

The Service depends on third parties such as Google (OAuth and Gmail API), Stripe (payments), and our hosting/database providers. Their terms and availability apply to your use. We are not responsible for outages, policy changes, or actions by those providers.

9. Privacy

Our Privacy Policy explains how we collect and use personal data. Use of information received from Google APIs complies with the Google API Services User Data Policy, including Limited Use.

10. Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee uninterrupted operation, deliverability of your email, or that tracking will be complete (clients may block pixels or images).

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GMERGE AND ITS OPERATORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR FIFTY US DOLLARS IF YOU HAVE PAID NOTHING).

12. Indemnity

You will defend and indemnify us against claims, damages, and expenses (including reasonable attorneys' fees) arising from Your Content, your campaigns, your violation of these Terms, or your violation of law or third-party rights.

13. Suspension and termination

You may stop using GMerge at any time. We may suspend or terminate access if you breach these Terms, if required by law or a provider (including Google), or if we discontinue the Service. Upon termination, your right to use GMerge ends; sections that by nature should survive (including ownership, disclaimers, liability limits, and indemnity) will survive.

14. Changes

We may update these Terms from time to time. The "Last updated" date will change when we do. Continued use after changes means you accept the revised Terms. If you disagree, stop using the Service.

15. Contact

Questions about these Terms: see Support or email support@gmerge.co.