Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Mercavia LLC ("Mercavia," "we," "us," or "our"), a Wyoming limited liability company (State Entity ID: 2025-001808534). By accessing our website, submitting a demo request, or purchasing any service, you agree to be bound by these Terms. If you do not agree, do not use our services.

Mercavia provides AI-powered business services including, but not limited to:

• Automated lead generation using AI agents
• CRM setup and lead tracking via Google Sheets
• Automated SMS and email outreach sequences
• AI personal assistant and task automation
• Custom AI agent development

Services are described in detail in your signed Service Agreement. The scope of services is limited to what is expressly stated therein.

You must be at least 18 years old and authorized to bind the business entity on whose behalf you are contracting. By accepting these Terms, you represent that you have the legal authority to enter into this agreement.

• A non-refundable one-time setup fee is due at the time of onboarding, payable via Stripe
• Monthly service fees are charged in advance on the same date each month
• Fees are as stated in your Service Agreement and are subject to change with 30 days' written notice
• Invoices that remain unpaid for more than 14 days may result in suspension of services
• All fees are stated in USD

Payment processing is handled by Stripe, Inc. By providing payment information, you agree to Stripe's Terms of Service and authorize recurring charges as applicable.

• Either party may terminate services with 30 days' written notice to info@mercaviallc.com
• One-time setup fees are non-refundable under any circumstances
• Monthly fees are non-refundable for the current billing period at the time of cancellation
• Upon termination, you retain access to your lead data stored in your Google Sheet
• Mercavia may terminate services immediately for breach of these Terms or non-payment

Mercavia provides AI-powered lead generation tools, automation, and outreach systems designed to identify and surface potential customers for your business. We do not guarantee any specific number of leads, conversion rates, revenue outcomes, or return on investment.

Lead generation is only one part of the sales process. Whether a lead becomes a paying customer depends entirely on factors within your control, including but not limited to:

• Your speed of response to inbound leads (industry research shows response time within 5 minutes dramatically increases conversion — delays of 30+ minutes significantly reduce it)
• The quality and professionalism of your follow-up communications
• Your pricing, service offerings, and competitive positioning in your market
• Your sales process, closing skills, and ability to handle objections
• Local market demand and seasonal factors specific to your industry
• Your business reputation, online reviews, and customer service practices
• The accuracy and completeness of the business information you provide to Mercavia
• Third-party platform availability (Google, SMS carriers, email deliverability)

Leads delivered by Mercavia are prospects — not customers. A lead represents a potential customer who has expressed some level of interest or matches a target profile. Converting that prospect into revenue is the client's responsibility. Mercavia is not liable for unconverted leads, missed follow-up opportunities, or revenue shortfalls resulting from the client's handling of leads after delivery.

Statistics, averages, and example outcomes referenced in Mercavia's marketing materials (including on landing pages, in demos, and in sales conversations) reflect potential outcomes observed across various clients and market conditions. They are illustrative examples only and are not guarantees, warranties, or representations of what any individual client will experience. Past performance of other clients does not predict your results.

By engaging Mercavia's services, you acknowledge that you have read and understood this disclaimer, that you are not relying on any projected outcome as a guarantee, and that your results will depend substantially on your own business practices and market conditions.

If your Mercavia service package includes SMS outreach to your customers or leads, you are solely responsible for:

• Obtaining express written consent from all recipients before SMS messages are sent on your behalf
• Maintaining documented records of all consents
• Ensuring all contact lists provided to Mercavia are TCPA-compliant
• Honoring opt-out requests within 10 business days
• Registering your business under the A2P 10DLC framework if required by your messaging volume or carrier

Mercavia implements industry-standard compliance practices (including STOP/HELP handling) but is not liable for TCPA violations arising from lists, consent practices, or instructions you provide. You agree to indemnify and hold Mercavia harmless from any claims arising from your non-compliance.

You may not use Mercavia services to:

• Send unsolicited communications in violation of CAN-SPAM, TCPA, or any applicable law
• Transmit false, misleading, or deceptive content
• Harass, threaten, or harm any individual or business
• Violate any federal, state, or local law or regulation
• Resell or sublicense Mercavia services without written permission
• Reverse engineer, copy, or create derivative works from our systems or software

All systems, software, workflows, scripts, and automations developed by Mercavia remain the intellectual property of Mercavia LLC unless otherwise agreed in writing. Upon full payment for services, you receive a limited, non-transferable license to use the outputs (lead data, reports, and configured sheets) for your own business purposes. Your business name, logos, and provided content remain your property.

Both parties agree to keep confidential any proprietary information shared during the course of the service relationship, including business strategies, pricing, lead data, and system configurations. This obligation survives termination of services for a period of two (2) years.

To the fullest extent permitted by law, Mercavia's total liability to you for any claim arising from or related to these Terms or our services shall not exceed the total fees paid by you to Mercavia in the three (3) months immediately preceding the claim. Mercavia shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or revenue, even if advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Mercavia LLC, its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from your use of our services, your breach of these Terms, or your violation of any applicable law.

These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be resolved first by good-faith negotiation, then, if unresolved after 30 days, by binding arbitration in Horry County, South Carolina under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees. Mercavia LLC is organized under the laws of the State of Wyoming; however, the parties expressly agree that South Carolina law governs this agreement and any disputes arising hereunder.

We reserve the right to modify these Terms at any time. We will notify active clients of material changes by email at least 14 days before the changes take effect. Continued use of our services after the effective date of any update constitutes acceptance of the revised Terms.

Mercavia LLC

30 N Gould St Ste N

Sheridan, WY 82801

Email: info@mercaviallc.com