Terms of Service

1. Agreement & Acceptance

These Terms of Service (“Terms”) govern use of MRKT Mesh (“the Service”), provided by Language Commerce Inc (“we,” “us,” or “our”). By creating an account or installing the Service on a store, you accept these Terms on behalf of yourself and the business you represent. If you do not agree, do not use the Service.

2. The Service

MRKT Mesh is a server-side conversion tracking platform for e-commerce merchants. It ingests commerce events from your store (via platform webhooks and an optional storefront data layer script), measures conversions and attribution, and — when you explicitly configure and enable it — delivers conversion events to third-party marketing destinations you select. Delivery to any destination is off until you turn it on.

3. Accounts & Eligibility

• The Service is a business tool. You must be at least 18 years old and authorized to bind the business on whose behalf you use it.
• Registration information must be accurate and kept current.
• You are responsible for safeguarding your credentials and for activity under your account, and must notify us promptly of any unauthorized access.

4. Merchant Responsibilities

As the operator of your store, you are responsible for:

• Lawful basis and consent. You are the data controller for your customers’ data. You must have a lawful basis for the tracking you enable, disclose it in your own store’s privacy policy, and — where your jurisdiction requires prior consent — operate a consent management platform on your storefront. The Service reads and records consent state from supported consent platforms; where none is present, events are collected by default, and it is your responsibility to ensure that is lawful for your traffic.
• Destination compliance. Each destination you connect (for example Meta or TikTok) has its own platform terms and data policies; you must be entitled to send data there and remain responsible for that use.
• Accurate configuration. Credentials, pixels, and destination settings you provide must belong to you or your business.

5. Acceptable Use

• No use of the Service for unlawful purposes.
• No sending data about individuals you lack the right to process, and no use of the Service to track individuals outside your own store’s commerce activity.
• No attempts to probe, overload, or interfere with the Service’s infrastructure or other merchants’ data.
• No reverse engineering, reselling, or white-labeling of the Service without our written agreement.

6. Fees & Billing

Where the Service is offered on paid plans, fees, billing cycles, and trial terms are stated at the point of purchase and billed through the platform you installed from (for example, the Shopify billing system). We will give notice of price changes before they take effect. [COUNSEL: confirm refund policy, taxes, and late-payment terms once commercial packaging is finalized.]

7. Intellectual Property

• The Service — its code, design, and documentation — is owned by Language Commerce Inc. We grant you a limited, non-exclusive, non-transferable license to use it for your business while these Terms are in effect.
• Your data and your configurations remain yours. You grant us only the rights needed to operate the Service on your behalf.
• The storefront data layer script is licensed for use solely on stores connected to your MRKT Mesh account.

8. Data Processing & Privacy

Our Privacy Policy describes what data the Service handles and how it is protected. For your customers’ personal data we act as your processor under our Data Processing Agreement, which is incorporated into these Terms for merchants whose customers’ personal data is subject to the GDPR or similar laws. Our current subprocessors are listed at /subprocessors.

9. Third-Party Platforms & Destinations

The Service interoperates with platforms we do not control: Shopify (your store platform) and the destinations you connect (currently Meta, Google Analytics 4, TikTok, and Klaviyo). Their availability, APIs, and terms are theirs; we are not responsible for their acts, omissions, outages, or policy decisions, including how a destination uses data after you direct us to deliver it there.

10. Disclaimer of Warranties

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 warrant that tracking will be uninterrupted or error-free, or that any particular match rate, attribution result, or advertising outcome will be achieved. [COUNSEL: confirm scope of disclaimer per governing law.]

11. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or advertising performance. Our total aggregate liability arising out of the Service is capped at [COUNSEL: liability cap — e.g., fees paid in the preceding 12 months]. Nothing in these Terms limits liability that cannot be limited by law.

12. Indemnification

You will defend and indemnify Language Commerce Inc against third-party claims arising from your store’s data practices, your breach of Section 4 (including missing consent), or your violation of a destination platform’s terms. [COUNSEL: confirm mutual indemnity scope.]

13. Term, Suspension & Termination

• You may stop using the Service and uninstall at any time.
• We may suspend or terminate access for material breach of these Terms, and immediately for abuse, fraud, or unlawful activity.
• When you uninstall from your store platform, the platform’s erasure webhook triggers deletion of your store’s event, session, and delivery records and the store’s registration, as described in the Privacy Policy.

14. Governing Law & Dispute Resolution

[COUNSEL: governing law, venue, and whether disputes go to arbitration — deliberately left for counsel; we have not selected a jurisdiction in this draft.]

15. Changes to These Terms

When these Terms change we update the version number and last-updated date shown at the top of this page, and give account holders advance notice of material changes. Continued use after changes take effect constitutes acceptance.

16. Contact

Questions about these Terms: privacy@mrktmesh.com

Language Commerce Inc