TERMS OF SERVICE

Last updated: June 16, 2026

AGREEMENT TO OUR LEGAL TERMS

We are PTI Media LLC, doing business as MerchPilot™, MerchBots®, and MagiCubes® (“Company,” “we,” “us,” or “our”), a company registered in Washington, United States, at 321 High School Rd NE, Bainbridge Island, WA 98110, United States.

We operate the website https://merchpilot.ai (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

MerchPilot™ is a marketing automation platform (CRM) that supports email, SMS, voicemail, websites, and high-yield personalized funnels to help individuals and teams automate follow-up, prospecting, and client communication.

You can contact us by phone at (+1) 800-784-7654, email at [email protected], or by mail to 321 High School Rd NE, Bainbridge Island, WA 98110, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and PTI Media LLC, concerning your access to and use of the Services. BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE LEGAL TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby incorporated by reference. We may update these Legal Terms at any time for any reason by updating the “Last updated” date. It is your responsibility to review these Legal Terms periodically. Your continued use of the Services after changes are posted constitutes acceptance of the revised terms.

The Services are intended for users who are at least 18 years old. Persons under 18 may not use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

1.1 Scope of Services (What the Subscription Includes)

Your subscription to MerchPilot includes the features and usage limits associated with the plan you select at sign-up (each, a “Plan”). Plan descriptions (including current limits) are presented at purchase and may be updated for future renewal terms. Unless otherwise stated in your Plan, the Services may include:

Platform Access: MerchPilot web app (CRM, campaigns, automations, forms, basic analytics dashboards).
Messaging Tools: Email/SMS/RVM scheduling and workflows using deliverability services/accounts you connect (e.g., SMTP, SMS aggregators).
Templates & Playbooks: Standard funnels, campaign templates, and industry playbooks available within your Plan.
AI Assist Features: AI prompts, content helpers, and insights within fair-use limits (see §6.6).
Standard Support: Email/chat support during business hours (Pacific Time). Response targets are as posted in the Help Center or your Plan.

1.2 What’s Not Included (by default)

Unless your Plan or an order form/statement of work (“SOW”) says otherwise, the following are not included:

Professional Services: Custom implementation, data cleanup/migration, integration engineering, design, copywriting, media production, or managed campaign operations, done for you services, account management and strategic management of subscribers agenda.
Third-Party Costs: Fees charged by carriers and vendors (email/SMS/voice), domain/DNS, or other external platforms you use.
Regulatory & Compliance Services: Legal/compliance audits or advice (e.g., CTIA/A2P, TCPA, CAN-SPAM, CASL, HIPAA/GLBA/FISMA).
On-Site Services & Travel: Any in-person work or travel expenses.
Physical Goods: Branded merchandise, signage, QR/NFC hardware, printing, or shipping.
Custom Development: Features beyond standard configuration, or modifications to core application code.

1.3 Professional Services (Optional)

If you purchase professional services, they will be provided under a separate written SOW specifying scope, deliverables, timeline, fees (fixed or time-and-materials), dependencies, and acceptance criteria. Unless an SOW states otherwise, professional-services fees are non-refundable, billed in advance, and separate from subscription fees.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property. We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Content and Marks are protected by U.S. and international laws.

The Content and Marks are provided on an “AS IS” basis for your personal, non-commercial use or internal business purpose only.

Your use of our Services. Subject to your compliance with these Legal Terms (including §8), we grant you a non-exclusive, non-transferable, revocable license to (a) access the Services; and (b) download/print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. All rights not expressly granted are reserved.

If you wish to make any use of the Services, Content, or Marks other than as set out herein, please email [email protected] for permission.

Your submissions. By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions and acknowledge we may use and disseminate them for any lawful purpose without acknowledgment or compensation. You are solely responsible for Submissions and for complying with §8.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have legal capacity and agree to these Legal Terms; (4) you are not a minor; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use complies with applicable law.

4. USER REGISTRATION

You may be required to register to use the Services. You are responsible for safeguarding your password and all activity under your account. We may reclaim or change a username that we deem inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept: Visa, Mastercard, American Express, Discover. You agree to provide current, complete, and accurate purchase and account information, and to promptly update payment details. Sales tax may be added as required. Prices may change at any time. All payments are in U.S. dollars.

You authorize us to charge your chosen payment method for purchases at the prices then in effect. We may correct pricing errors even if payment was requested or received. We may refuse any order or limit quantities in our discretion.

5.1 Payment Terms (Supplement)

(a) Billing & Currency. Subscriptions are billed in advance in U.S. dollars. Taxes and government charges are your responsibility.
(b) Failed Payments. If a charge fails, we may retry and/or suspend the Services until payment succeeds. You remain responsible for amounts due during suspension.
(c) Chargebacks. If you initiate a chargeback, we may suspend/terminate the Services. To restore access, you must withdraw the chargeback and pay outstanding fees.
(d) Price Changes. Fee changes apply to future renewal terms and will be noticed at least 30 days in advance.

5.2 Anti-Spam & Messaging Compliance

You agree to obtain and maintain all legally required consents for messaging (including CAN-SPAM, TCPA/CTIA, CASL, as applicable). You must promptly honor unsubscribe/STOP requests. You will not send prohibited content or use the Services to harvest or purchase non-consensual lists. We may suspend messaging features for compliance violations.

6. SUBSCRIPTIONS

Billing and Renewal. Your subscription automatically renews unless cancelled. You consent to recurring charges to your payment method until you cancel. The billing cycle length depends on your selected Plan.

Free Trial. If offered, a 7-day free trial provides temporary access. At trial end, your chosen Plan is charged unless you cancel before the trial expires.

Cancellation. All purchases are non-refundable. You can cancel any time in your account portal; cancellation is effective at the end of the current paid term. If you have questions, contact [email protected].

Fee Changes. We may change subscription fees for future terms and will communicate price changes in accordance with applicable law.

6.1 Term & Auto-Renewal

Plans are monthly or annual (as selected) and auto-renew for successive terms of the same length unless cancelled under §6.3.

6.2 Free Trials

Trials (if offered) convert to paid at the end of the trial unless cancelled before expiry. One trial per organization unless we agree otherwise.

6.3 Cancellations & Refunds

Cancel any time; effective end of current paid term. Fees are non-refundable and no credits for partial periods, except where prohibited by law or expressly stated in an order form/SOW. If we materially reduce core Plan features during a paid term without a substantially equivalent alternative, you may cancel and request a pro-rata credit of prepaid fees for the unused remainder of that term.

6.4 Upgrades, Downgrades & Pauses

Upgrades: Effective immediately; pro-rated charges apply for the remainder of the current term.
Downgrades: Effective on next renewal and may reduce/remove features or limits.
Pauses (if available): Defer renewals and suspend access; storage/retention limits may apply while paused.

6.5 Usage-Based Services & Third-Party Vendors

Some features (e.g., email sends, SMS/voice, AI calls, enrichment) may incur usage-based fees charged by us or third-party vendors you connect. You are responsible for those fees and for maintaining third-party accounts in good standing. We are not liable for outages, rate limits, filtering, or policy enforcement by such third parties.

6.6 Fair Use & Limits

To protect platform stability, we may enforce reasonable fair-use limits (e.g., messages/day, API calls/minute, concurrent jobs, storage). If your usage materially exceeds typical Plan limits or degrades service for others, we may (a) throttle activity, (b) propose an upgraded Plan, or (c) suspend offending processes.

6.7 Data Export & Retention on Cancellation

Before your term ends, you may export allowed data through available tools. After cancellation/termination, we may delete or anonymize account data after 30 days, except where law requires longer retention. We are not obligated to retain or provide backups beyond this period.

6.8 Beta/Preview Features

Pre-release or beta features (“Beta”) are provided AS IS, may be modified or withdrawn at any time, and are excluded from service commitments.

6.9 Service Changes

We may improve, replace, or deprecate features. Material changes that negatively impact core Plan functionality will be noticed at least 30 days in advance and take effect on renewal (unless a security, legal, or stability issue requires faster action).

7. SOFTWARE

We may include software for use with our Services. If such software is accompanied by an end user license agreement (“EULA”), the EULA governs. Otherwise, we grant a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Legal Terms. Software and related documentation are provided “AS IS.”

7.1 Data, AI Outputs & IP

(a) Your Data. You retain all rights to content, brand assets, contacts, and other data you supply (“Customer Data”). You grant MerchPilot a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Data solely to provide and improve the Services.
(b) AI Outputs. Subject to third-party model terms, you may use AI-generated outputs for your business. You are responsible for reviewing outputs for accuracy, legality, and compliance before use or publication.
(c) Usage Analytics. We may collect and use aggregated or de-identified data to operate, secure, and improve the Services, and will not re-identify aggregated data.
(d) MerchPilot IP. The Services (software, templates, designs, know-how) are owned by PTI Media LLC and its licensors. No rights are granted except as expressly stated.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available, and not in connection with any commercial endeavors except those specifically endorsed or approved by us. Prohibited conduct includes, without limitation: scraping or compiling content without permission; attempting to bypass security; harassing others; unlawful use; uploading malware; automated use (bots/scrapers) without authorization; impersonation; reverse engineering (except as permitted by law); spamming; competing with us by exploiting the Services; and sales/marketing of illegal products or services.

9. USER GENERATED CONTRIBUTIONS

The Services do not generally offer users the ability to publish content publicly. If we enable features for you to submit, post, display, or transmit content or materials (“Contributions”), such Contributions may be viewable by other users and/or via third-party websites and are subject to our Privacy Policy. You represent and warrant that your Contributions comply with all applicable rights and laws and these Legal Terms.

10. CONTRIBUTION LICENSE

You and we agree that we may access, store, process, and use information and personal data you provide in accordance with our Privacy Policy and your settings. By submitting feedback or suggestions, you agree we may use and share such feedback for any purpose without compensation. We do not claim ownership of your Contributions; you retain your rights. You are solely responsible for your Contributions.

11. SOCIAL MEDIA

You may link accounts with third-party service providers (“Third-Party Accounts”). By doing so, you authorize us to access and store content from such accounts as permitted by those services and your settings. Your relationship with third-party providers is governed solely by your agreements with them. You may disable connections at any time via account settings or by contacting us.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites and content (“Third-Party Content”). We do not monitor or control Third-Party Content and are not responsible for it. Your use of Third-Party Content is at your own risk and subject to those third parties’ terms and policies.

13. SERVICES MANAGEMENT

We may monitor the Services for violations; take action against violators; refuse, restrict, or disable access to any content; remove files or content that are excessive or burdensome; and otherwise manage the Services to protect our rights and ensure proper functioning.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://merchpilot.ai/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States; by using the Services, you consent to transfer and processing in the United States.

15. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We may, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason, including breach of these Legal Terms or applicable law, and we may terminate or suspend your account at any time. If we terminate or suspend your account, you are prohibited from registering a new account under your name or a third party’s name.

16. MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove the contents of the Services at any time for any reason at our sole discretion, and have no obligation to update information. We are not liable for any modification, price change, suspension, or discontinuance. We do not guarantee the Services will be available at all times.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by the laws of the State of Washington, without regard to conflict of law principles.

18. DISPUTE RESOLUTION

Binding Arbitration. If the parties cannot resolve a dispute through informal negotiations, the dispute (except as excluded below) will be finally and exclusively resolved by binding arbitration under the AAA Commercial Arbitration Rules and, where appropriate, the AAA Consumer Rules. Your fees and share of arbitrator compensation are governed by the AAA rules; if deemed excessive by the arbitrator, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, by documents, by phone, or online. The arbitrator must follow applicable law. The arbitration will take place in King County, Washington.

If a dispute proceeds in court rather than arbitration, it shall be brought in the state or federal courts located in King County, Washington, and the parties consent to personal jurisdiction and venue there. The CISG and UCITA do not apply.

Limitations. No arbitration shall be joined with any other proceeding; no class actions; no representative actions on behalf of the public or others.

Exceptions. Disputes regarding intellectual property rights; allegations of theft, piracy, invasion of privacy, or unauthorized use; and claims for injunctive relief are not subject to arbitration.

One-Year Limitations Period. Any dispute related in any way to the Services must be commenced within one (1) year after the cause of action arose.

19. CORRECTIONS

Information on the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct and update information at any time without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, SECURE, OR ERROR-FREE.

21. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME OF THE ABOVE MAY NOT APPLY TO YOU.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless (including our affiliates and respective officers, agents, partners, and employees) from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) your violation of a third party’s rights; or (4) any harmful act toward another user of the Services with whom you connected. We may assume exclusive defense and control of any matter otherwise subject to indemnification, at your expense.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing performance, as well as data relating to your use of the Services. Although we perform regular routine backups, you are solely responsible for all data you transmit or that relates to activities undertaken using the Services. We have no liability for loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, emailing us, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES AND RECORDS.

25. SMS TEXT MESSAGING

Program Description. By opting into any Twilio text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Messages may include account alerts, marketing communications, appointment reminders, responses to inquiries, order updates, and special offers.
Opting Out. Reply STOP to any message to stop receiving SMS. You may receive a final confirmation SMS.
Message and Data Rates. Message and data rates may apply, per your carrier and plan.
Support. For assistance, email [email protected] or call (+1) 800-784-7654.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on or in respect of the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all rights and obligations at any time. We are not liable for any loss or failure to act caused by events beyond our reasonable control. If any provision is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Legal Terms or use of the Services. You waive any defenses based on the electronic form of these Legal Terms and the lack of signing by the parties.

28. CONTACT US

PTI Media LLC
321 High School Rd NE
Bainbridge Island, WA 98110
United States
Phone: (+1) 800-784-7654
Email: [email protected]