Terms of service

These terms are a contract between RemoteAmbition, LLC, doing business as Mercateer ("Mercateer"), and the business that creates an account ("you"). By creating an account or using the service you accept them, and you confirm that you have authority to bind your business. Mercateer is a business tool and is offered for business use.

The privacy policy and, where you process personal data through the service, the data processing agreement at /legal/dpa are part of these terms. If they conflict about personal data, the data processing agreement controls.

Mercateer answers your business’s phone calls, web chats, and text messages with an AI agent, around the clock. It records and transcribes conversations, answers questions using the content you configure, generates price estimates, books jobs on your calendar, and can send missed-call text-backs on your behalf.

Conversations are handled by an AI system, not a human. Features may change as we improve the service, and we will not materially reduce the core functionality of your plan during a paid term.

Your callers and visitors interact with the service under the end user terms at /legal/end-user-terms, which describe the assistant’s role, the estimate status of quotes, and recording. Do not configure the agent or your disclosures in ways that contradict them.

You are responsible for your account, the security of your credentials, and the activity of the people you authorize to use it. Keep your account information accurate.

When you connect integrations such as a calendar or CRM, you authorize us to access them only as needed to provide the service on your instructions.

You own your data: your recordings, transcripts, messages, price book, contacts, and configurations. You grant Mercateer a limited, non-exclusive license to host and process that data to provide, secure, support, and improve the service during your subscription, including training the AI models that power the service as described in the privacy policy. This license ends when the data is deleted under the retention terms below.

Data used for model training is de-identified first, training happens in-house, and you can opt your workspace out at any time as described in the privacy policy. Our agreements with third-party AI providers prohibit them from using your data or your callers’ data to train their own models, and limit any retention by those providers to short periods needed to provide the service and for safety and abuse monitoring. We may also use aggregated, de-identified information that does not identify you, your callers, or any customer to operate and improve the service.

You are responsible for having the rights to the content you configure, including your price book, knowledge sources, and any phone numbers you direct to the service.

Calls handled by the service are recorded and transcribed by default: that is how the agent works and how you review its conversations. The agent identifies itself as an AI assistant at the start of a call, and plays a recording disclosure where you have that disclosure enabled.

Call recording and monitoring laws vary by state and country, and some require the consent of everyone on the call. You are responsible for complying with the laws that apply to your business and your callers, including keeping recording disclosures enabled where the law requires them. You must not configure the agent to claim to be human or to conceal that the call is recorded where disclosure is required.

The service sends texts on your behalf in response to contact your callers initiated, such as missed-call text-backs, follow-ups, and booking confirmations. Recipients can opt out at any time by replying STOP, which stops further texts from your number, and can reply HELP for help.

You may not use the service for telemarketing, cold outreach, or list-based campaigns. For any messaging you direct, you are responsible for complying with applicable communications laws, including the TCPA and state equivalents, and for cooperating with carrier registration requirements for business messaging.

Do not use Mercateer to break the law, infringe others’ rights, harass or defraud anyone, impersonate others or spoof caller identity, place robocalls, spread malware, or send unlawful content.

Do not attempt to disrupt the service, probe it for vulnerabilities without authorization, scrape it, use it to build a competing product, or resell it without our written agreement.

We may suspend or terminate accounts that violate these rules, with notice where practicable.

MERCATEER IS NOT AN EMERGENCY SERVICE. The agent cannot call 911 or dispatch emergency responders, and the service must not be relied on for emergency communications. The service provides emergency scripting that, when configured and enabled, directs callers reporting an emergency such as a gas leak, fire, or medical situation to hang up and call 911 or the relevant emergency line, and flags the call for your attention. You are responsible for configuring, enabling, and testing this behavior for your business.

You must maintain your own means of handling emergencies and make sure your staff and customers know the service is an AI receptionist, not an emergency line. To the extent permitted by law, Mercateer is not liable for claims arising from reliance on the service for emergency communications.

AI output can contain mistakes. Transcripts, summaries, answers, quotes, and bookings are generated automatically and may be inaccurate or incomplete, and they are not legal, financial, or other professional advice.

The agent communicates with your customers on your behalf and at your direction, using your configurations and the pricing information available to it. What the agent communicates, it communicates for you: any statement, price, quote, availability, booking, or other commitment is yours, not Mercateer’s. Mercateer is not a party to transactions between you and your customers, and as between you and Mercateer, you are responsible for reviewing, honoring, correcting, or declining what the agent communicates.

Quotes the agent gives are estimates, generated from the pricing information available to it: your price book where you provide one, and otherwise or in addition, typical rates for your region and trade and other pricing signals. Whatever the source, an estimate is not a final price, and whether and how a quote binds you to your customer is your business decision; keep your pricing, availability, and configurations accurate, configure quote ranges or disclaimers where you do not want exact prices communicated, and review the agent’s work for consequential actions. Bookings are subject to your confirmation and scheduling.

The service is not designed to collect payment card numbers or health records. Callers may volunteer sensitive details in conversation; that content is handled under the privacy policy and data processing agreement.

Mercateer does not currently offer a HIPAA business associate agreement. If you are a HIPAA covered entity or business associate, do not use the service to process protected health information.

Paid plans are billed in advance and renew automatically for the same term until cancelled. Usage-based charges, such as additional minutes or per-booked-call fees, are billed as incurred or against your plan’s included usage, as described on the pricing page when you subscribe.

You can cancel online at any time, with the same ease as signing up; cancellation takes effect at the end of the current billing period. Except where the law requires otherwise or we state otherwise in writing, fees are non-refundable.

We will give you advance notice of price changes, which take effect at your next renewal.

These terms apply while you have an account. Either party may terminate for material breach if the breach is not cured within 30 days of notice. We may suspend the service immediately where needed to protect the platform, other customers, or the public.

After termination or account closure you have 30 days to export your data, including recordings, transcripts, contacts, and bookings. We then delete service data within 30 days after that export window ends, and copies in encrypted backups are purged within 90 days, consistent with the privacy policy and data processing agreement.

Each party will protect the other’s confidential information with at least reasonable care, use it only as needed under these terms, and not disclose it except to people who need it and are bound to confidentiality. These obligations survive for 3 years after termination, and for trade secrets as long as they remain trade secrets.

You grant Mercateer the right to use your business name and logo to identify you as a customer on our website and in our marketing materials, consistent with any brand guidelines you provide. You can withdraw this permission at any time by emailing [email protected], and we will stop new uses and remove your name and logo from our website within a reasonable period. Case studies, testimonials, and detailed stories about your business require your prior written consent.

We warrant that the service will perform materially as described in our documentation. Otherwise, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", and to the extent permitted by law we disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the service will be uninterrupted or error-free.

If the service is unavailable, calls behave according to your telephone provider’s forwarding configuration; keep a fallback such as voicemail or an owner’s cell configured.

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

TO THE EXTENT PERMITTED BY LAW, MERCATEER IS NOT LIABLE FOR THE CONTENT, ACCURACY, OR RESULTS OF AGENT COMMUNICATIONS MADE ON YOUR BEHALF: ANYTHING THE AGENT SAYS, WRITES, OMITS, OR FAILS TO COMMUNICATE, INCLUDING ANY PRICE, QUOTE, AVAILABILITY STATEMENT, BOOKING, REPRESENTATION, ADVICE, OR OTHER COMMITMENT; ANY LOSSES THAT RESULT FROM RELYING ON, HONORING, CORRECTING, OR DECLINING THEM; AND ANY CALLS OR MESSAGES NOT ANSWERED, NOT TAKEN, OR NOT RELAYED. THIS EXCLUSION COVERS DIRECT AS WELL AS INDIRECT LOSSES. Any liability for agent communications that cannot be excluded under applicable law remains subject to the cap below.

Each party’s total liability under these terms is capped at the fees you paid for the service in the 12 months before the event giving rise to the claim. This cap does not apply to your payment obligations, either party’s indemnification obligations, breaches of confidentiality, or liability that cannot be limited under applicable law, such as gross negligence, willful misconduct, or fraud.

We will defend you against third-party claims that the service, as provided by us and used as permitted, infringes their intellectual property rights, and we will pay the resulting damages or settlement. If such a claim arises, we may modify the service, replace it with a non-infringing equivalent, or refund prepaid unused fees and terminate.

You will defend Mercateer against third-party claims arising from your content and configurations, claims by your customers or callers arising from quotes, prices, bookings, or other communications the agent made on your behalf, your failure to meet the recording-consent and disclosure obligations within your control, messaging campaigns you direct in violation of communications laws, reliance on the service for emergency communications contrary to the Emergencies section, or your misuse of the service, and you will pay the resulting damages or settlement.

We may update these terms. For material changes we will give you at least 30 days’ notice by email or in the product, and the changes will take effect at the end of the notice period. Continued use after that constitutes acceptance; changes do not apply retroactively.

These terms, the plan you purchase, and the documents they incorporate are the entire agreement about the service and supersede prior discussions. If part of these terms cannot be enforced, the rest still applies, and a failure to enforce a term is not a waiver of it.

You may not assign these terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. The parties are independent contractors. Notices to you go to your account email; notices to us go to [email protected].

Neither party is liable for delay or failure caused by events beyond its reasonable control, such as carrier outages, natural disasters, or government action, except for payment obligations. You must comply with applicable export control and sanctions laws when using the service.

Before either party starts a formal dispute, the parties will try to resolve it informally: contact us and we will work with you in good faith for 30 days.

These terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules, and the Federal Arbitration Act governs the arbitration agreement below.

Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Volusia County, Florida, with hearings conducted remotely where appropriate. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive or equitable relief for intellectual property or confidentiality violations in court. For any matter not subject to arbitration, the state and federal courts located in Volusia County, Florida have exclusive jurisdiction, and both parties consent to venue there.

BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT DISPUTES MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Nothing in these terms limits rights that consumer protection law grants you where it applies and cannot be waived.