Terms of Service

1. The service

MergeCast lets business teams record and merge short personal video clips and send them as branded, no-download links by SMS or email, with real-time engagement tracking and a two-way messaging inbox. We may update, add, or remove features over time.

2. Accounts and eligibility

You must provide accurate account information, keep your credentials secure, and be authorized to act for the organization you represent. You are responsible for activity under your account.

3. Acceptable use

You agree not to use MergeCast to:

• send messages to anyone who has not given the required consent, or after they opt out;
• violate any applicable law, including the TCPA, CAN-SPAM, and carrier requirements;
• send unlawful, deceptive, harassing, or infringing content;
• attempt to access another tenant’s data or disrupt the service.

4. Messaging consent and your responsibilities

You are responsible for obtaining and maintaining valid consent from every recipient before messaging them, and for honoring opt-outs. MergeCast provides consent-gating and STOP/START/ HELP handling as described in our SMS & TCPA disclosure, but you remain responsible for how you use the platform and for the content you send.

5. SMS / text messaging terms

These terms apply to the MergeCast personal-video messaging program — the text-message program operated through MergeCast on behalf of the businesses that use it.

• Program description — one-to-one messages sent by a sales representative at a business you agreed to hear from. Each message carries a private link to a short video recorded for you, and you can reply to that representative in the same conversation.
• Consent — Messages are sent only after your express opt-in. You give your mobile number to the business and agree to receive texts. Your opt-in is confirmed by replying YES to a single confirmation text, and no other message is sent until you do. Consent to receive texts is never a condition of any purchase.
• Frequency — Message frequency varies with how the sending business uses the program and how you reply. There is no fixed number of messages.
• Cost — Message and data rates may apply. Neither MergeCast nor the sending business charges you to receive texts.
• Opting out and help — Reply STOP to any message to opt out; you will receive one confirmation and no further messages from that program. Reply HELP for help and support contact details.
• Support — questions about a messaging program? Contact support@merge-cast.com.
• Carriers — Carriers are not liable for any delayed or undelivered messages. Delivery is best-effort and depends on your carrier and device.

We do not share, sell, or provide your mobile phone number or messaging consent data to third parties or affiliates for marketing or promotional purposes. See our Privacy Policy. The full messaging-program disclosure is our SMS & TCPA disclosure.

6. Customer content

You retain ownership of the videos, messages, and contact data you provide. You grant us the rights needed to host, process, and deliver that content to operate the service on your behalf.

7. Third-party services

MergeCast runs on Amazon Web Services (AWS) and delivers text messages through Twilio. Your use of the service is also subject to those providers’ applicable terms where relevant.

8. Fees

Fees, billing terms, and plan details are as set out in your order form or subscription plan. We may change pricing on at least thirty days’ notice to you, with the change taking effect at the start of your next billing period.

9. Disclaimers

The service is provided “as is” and “as available,” without warranties of any kind, express or implied, to the maximum extent permitted by law. We do not warrant that the service will be uninterrupted or error-free, or that every message will be delivered — delivery depends on carriers and devices we do not control.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data. Our aggregate liability for any claim arising out of or relating to these Terms is limited to the fees you paid us in the twelve months preceding the claim.

11. Termination

You may stop using the service at any time. We may suspend or terminate access for violation of these Terms or as needed to protect the service and its users.

12. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The state and federal courts located in the State of Florida have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and both parties consent to venue in those courts.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above and, where appropriate, additional notice.

14. Contact us

Questions about these Terms? Contact CHARLOTTE X CUSTOM SOFTWARE SOLUTIONS LLC at support@merge-cast.com.