Terms of Service | MerchYak

Acceptance of Terms

MerchYak is a service operated by RHR Wave, LLC, a Washington limited liability company ("MerchYak," "we," "us," or "our"). By accessing or using MerchYak ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you also agree to our Privacy Policy, which describes how we collect, use, and protect your information.

Eligibility

You must be at least 18 years of age to use MerchYak. By using the Service, you represent and warrant that:

You are at least 18 years old
You have the legal capacity to enter into these Terms
If using the Service on behalf of an organization, you have the authority to bind that organization to these Terms

Service Description

MerchYak is an AI-powered product content management service that helps users transform product images into marketing content. Our Service includes:

Image Analysis: AI-powered detection of product features and attributes from uploaded images
Product Descriptions: AI-generated marketing descriptions optimized for various platforms
Title Generation: SEO-friendly product titles for marketplace listings
Search Tags: Relevant keywords and tags for product discoverability
FAQ Generation: Common questions and answers about products
Social Media Content: Platform-ready social media posts and captions
Alt Text: Accessibility-compliant image descriptions

Important: AI-Generated Content Disclaimer

Please read this section carefully. All content generated by MerchYak is produced by artificial intelligence systems and is subject to the following important limitations:

No Guarantee of Accuracy

AI-generated content may contain errors, inaccuracies, or omissions. MerchYak does not guarantee the accuracy, completeness, reliability, or suitability of any generated content for any particular purpose.

User Responsibility to Review

You are solely responsible for reviewing, editing, and verifying all AI-generated content before publishing or using it. This includes:

Checking facts and product specifications against actual product details
Verifying measurements, materials, and technical specifications
Ensuring content complies with marketplace guidelines and regulations
Reviewing for grammar, tone, and brand consistency
Confirming all claims are accurate and not misleading

Not Professional Advice

AI-generated content is not a substitute for professional copywriting, legal review, or expert consultation. For critical content, we recommend engaging qualified professionals.

Potential for Similar Content

AI systems may generate similar or identical content for different users, especially for products with similar characteristics. Generated content is not guaranteed to be unique.

No Liability for Content Use

MerchYak is not responsible for how you use the generated content, including any consequences arising from:

Publishing inaccurate or misleading product information
Copyright or trademark issues
Regulatory non-compliance
Customer complaints or disputes
Lost sales or business opportunities

Continuous Improvement

Our AI models are continuously learning and improving. Results may vary over time, and past performance does not guarantee future results.

Third-Party AI Services

To provide our Service, your inputs — including uploaded images, product information, and questionnaire responses — are processed by third-party artificial intelligence providers. These providers have their own terms of service and data handling practices. While we select providers that meet our standards for data security and privacy, MerchYak is not responsible for the data practices of these third-party services. For more information about how your data is handled, please refer to our Privacy Policy.

User Responsibilities

When using MerchYak, you agree to:

Provide Accurate Information

Supply truthful and accurate product information in questionnaires
Not intentionally mislead the AI or provide false product details
Ensure product specifications match actual products

Image Ownership and Rights

Only upload images that you own or have legal rights to use
Not upload images that infringe on others' copyrights, trademarks, or intellectual property
Not upload images containing illegal, harmful, or offensive content

Prohibited Content

You may not use MerchYak to generate content for:

Illegal products or services
Counterfeit or infringing goods
Firearms, ammunition, and explosive devices
Illegal weapons (brass knuckles, switchblades, etc.) where prohibited by applicable law
Illegal drugs and controlled substances
Adult content or explicit material
Hate speech, harassment, or discriminatory content
Misleading or deceptive advertising
Products that violate platform-specific policies (Amazon, Etsy, etc.)

The following product categories are allowed but may trigger our automated image safety assessment:

Kitchen knives, chef's knives, and culinary tools
Craft and woodworking tools (whittling knives, carving tools, axes, hatchets)
Sporting goods (hunting knives, fishing equipment)
Decorative and collectible items (ornamental swords, historical replicas)
Garden and landscaping tools (machetes, pruning shears)

Products in the categories above that are allowed may trigger our automated image safety assessment. If flagged, you can confirm the image as a legitimate product and continue. See "Content Moderation and Safety" below for details.

Content Moderation and Safety

MerchYak uses automated systems to screen uploaded images and user-provided text for content that may violate our policies. This section explains how our content moderation works.

Image Moderation

Uploaded images are analyzed by AI for content categories including nudity, violence, hate symbols, drugs, weapons, and sexually suggestive material.

Text Filtering

Project names, descriptions, and questionnaire answers are checked against a language filter for potentially offensive terms.

How Flagging Works

Flagged content is not automatically deleted or rejected. Instead, you will receive a warning and can review the flag. If the content is a legitimate product (e.g., swimwear, anatomy models, craft knives), you can confirm and proceed. When you override a content flag, the override is logged for safety review purposes.

What Is Not Moderated

AI-generated outputs and user edits made after content generation are not subject to automated screening. You remain responsible for reviewing all generated content before publishing, as described in the "User Responsibility to Review" section above.

Our Right to Review

MerchYak reserves the right to review flagged content and user overrides, and may take action (including content removal or account suspension) if content is determined to genuinely violate our policies.

False Positives

Our automated systems may occasionally flag legitimate products. The override mechanism exists specifically to handle these cases, and we continuously work to reduce false positives.

Appeals

If you believe your content was incorrectly flagged or your account was incorrectly actioned, contact support@merchyak.com to request a review.

Account Security

Maintain the security of your account credentials
Notify us immediately of any unauthorized access
Not share your account with others

Acceptable Use

You agree to access the Service only through the interfaces and methods provided by MerchYak (i.e., the web application). You may not:

Access the Service through automated means, bots, scrapers, or any method other than the provided user interface
Attempt to reverse engineer, decompile, or extract the source code of the Service
Circumvent or attempt to circumvent any usage limits or access restrictions
Use the Service to build a competing product or service

MerchYak reserves the right to block or throttle any access that appears to be automated or abusive.

Intellectual Property

Your Content

You retain ownership of all images you upload and the product information you provide. By uploading content, you grant MerchYak a limited license to process your images for the purpose of providing the Service.

Generated Content

You own the AI-generated content created from your inputs, subject to:

Your compliance with these Terms
Any applicable third-party terms (e.g., marketplace policies)
The understanding that similar content may be generated for other users

MerchYak Rights

MerchYak retains the right to:

Use anonymized, aggregated data to improve our AI models and Service
Display your content within the application for your use
Maintain ownership of our platform, technology, branding, and service infrastructure

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by MerchYak without restriction or compensation.

Copyright / DMCA Takedown Process

MerchYak respects the intellectual property rights of others and expects users of the Service to do the same. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws.

Designated DMCA Agent

If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement on MerchYak, please send a written notification to our designated DMCA agent:

Email: dmca@merchyak.com

Takedown Notice Requirements

To be effective, a DMCA takedown notice must include the following information:

Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved
Identification of the material that is claimed to be infringing and its location on MerchYak, with enough detail to allow us to locate the material
Your contact information, including your name, mailing address, telephone number, and email address
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner
A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf

Counter-Notice Process

If you believe that material you posted on MerchYak was removed or disabled as a result of a mistaken or misidentified DMCA takedown notice, you may submit a counter-notice to our DMCA agent at dmca@merchyak.com. Your counter-notice must include:

Identification of the material that was removed or disabled, and the location where it appeared before it was removed
A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification
Your name, address, telephone number, and email address
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside the United States, any judicial district in which MerchYak may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person
Your physical or electronic signature

Upon receiving a valid counter-notice, MerchYak will forward a copy to the original complainant. If the original complainant does not file a court action seeking to restrain the allegedly infringing activity within 10 to 14 business days, MerchYak will restore the removed material.

Repeat Infringer Policy

MerchYak maintains a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyrighted works. If you repeatedly upload or use content that infringes the copyrights of others, your account may be suspended or permanently terminated at our sole discretion.

Data Retention and Storage

Image Storage

Original product images you upload are stored on our cloud infrastructure for a limited period:

Active accounts: Original images are retained for up to 180 days after upload. After this period, original images are replaced with placeholder images. The AI-generated content (alt text, descriptions, and other generated data) derived from your images is retained for as long as your account or project remains active.
After project deletion: Original images and associated data are permanently deleted within 90 days.
After account deletion: All images, projects, and associated data are permanently deleted within 90 days.

Generated Content Retention

AI-generated content (descriptions, titles, tags, FAQs, social posts, and alt text) is retained for as long as your account remains active or until you delete the associated project.

Limitation of Liability

Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Guarantees

MerchYak does not warrant that:

The Service will be uninterrupted, secure, or error-free
AI-generated content will be accurate, complete, or suitable for your needs
Results will meet your expectations or requirements
Any errors in the Service will be corrected

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCHYAK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business opportunities
Loss of data or content
Business interruption
Damages arising from AI-generated content errors
Third-party claims related to your use of generated content

Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO MERCHYAK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify, and hold harmless MerchYak, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees and legal costs) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Content you upload or generate using the Service
Any claims by third parties related to your use of AI-generated content
Your failure to review or verify AI-generated content before use

This indemnification obligation survives termination of your account and these Terms.

Account Termination

Termination by You

You may delete your account at any time through your Account Settings. Upon deletion:

Your account will be immediately deactivated
Your personal data will be deleted within 30 days
Any active subscription will be cancelled
Generated content and projects will be permanently deleted

Termination by MerchYak

We reserve the right to suspend or terminate your account if you:

Violate these Terms of Service
Engage in fraudulent or illegal activities
Upload prohibited content
Abuse the Service or attempt to circumvent usage limits
Repeatedly override content moderation flags for genuinely prohibited content
Fail to pay applicable fees

Effect of Termination

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive (including intellectual property, limitations of liability, and dispute resolution) shall survive termination.

Service Modifications and Availability

Modifications to the Service

MerchYak reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. This includes changes to features, functionality, usage limits, and supported platforms. We will make reasonable efforts to notify users of significant changes, but are not obligated to do so.

No Liability for Modifications

MerchYak shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Subscription and Payments

Subscription Plans

MerchYak offers various subscription plans with different features and usage limits. Current pricing and plan details are available on our website.

Billing

Subscriptions are billed in advance on a monthly or annual basis
Payment is processed through our third-party payment provider (Stripe)
You authorize us to charge your payment method on a recurring basis

Refunds

Subscription fees are generally non-refundable. We may offer refunds at our discretion in cases of technical issues preventing service delivery.

Price Changes

We reserve the right to modify pricing. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.

Draft Projects and Credit Holds

We want to be upfront about how credits work when you start a new project.

Credit reservation. When you begin a project and upload images for analysis, 5 credits are reserved ("held") from your balance to cover the cost of resources consumed on your behalf, including cloud storage and AI image analysis.

Draft duration. Incomplete projects are preserved as drafts for 30 days from the date of creation. You can return at any time during this window to finish your project.

Completion. If you complete the project within 30 days, the held credits are applied toward your project's total cost. You are not charged twice for the same work.

Expiration and forfeiture. If a draft project is not completed within 30 days, it is automatically deleted and the 5 held credits are forfeited. Forfeited credits are non-refundable because they cover the cost of resources already consumed on your behalf (cloud storage, AI image analysis).

Warnings. We will notify you by email and in-app notification at 7 days, 2 days, and 1 day before your draft expires so you have time to complete it.

Disclosure. The credit hold is disclosed at the point of image upload before you proceed. By continuing past the upload step, you acknowledge and accept the credit hold.

Governing Law and Disputes

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Snohomish County, Washington, and the decision shall be final and binding.

Class Action Waiver

You agree to resolve any disputes with MerchYak on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

Small Claims Court Exception

Notwithstanding the arbitration provisions above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights.

Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

Posting the updated Terms on this page
Updating the "Last Updated" date
Sending an email notification for significant changes

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MerchYak regarding your use of the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.

Assignment

You may not assign or transfer your rights under these Terms. MerchYak may assign its rights to any affiliate or successor.

Force Majeure

MerchYak shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, third-party service provider failures (including AI providers), or other force majeure events.

Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: support@merchyak.com