Terms of Service

1.Who we are

Mercify.ai ("Mercify", "we", "us") is a service of Cogenta B.V., Bagven Park 16, 4838 EH Breda, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 42142544, VAT number NL869907438B01. You can reach us at hello@mercify.ai.

These terms apply to every visit to mercify.ai, every account, every purchase of a store or store credit, and every store we build or deliver. By creating an account or placing an order, you accept these terms. If any provision is invalid under mandatory consumer protection law in your country, that law prevails, for that provision only.

2.What Mercify provides

Mercify builds a complete Shopify store based on your intake: a product category (niche) and target market, optionally your own store name, style, colors and logo, and your business details. A store consists of:

• a brand: store name (yours or one we suggest), logo (yours or one we draw), colors and fonts;
• a starter range of 25 products (expandable in steps of 50 up to 125), each with a name, title, description, images and a suggested price, sourced from third-party suppliers;
• the Shopify setup: homepage, collection and product pages, legal pages in line with the rules of the store's country, navigation, theme settings and checkout settings;
• the transfer of the store to your own Shopify account, after which the store is yours and you manage it.

Before you pay, you see a free design of your store (name, style, logo and sample products) and approve it. After payment we source the products, put together the range and finish the store straight away. The design and the store are created with the help of artificial intelligence and checked by our system.

Mercify is not a reseller of Shopify: your Shopify subscription, payment provider and apps are arrangements between you and Shopify or those providers, under their own terms and prices. You may arrange a domain yourself or buy one from us at checkout, in which case the Domain section below applies.

3.Your account and use of the service

You need an account with a working email address, which you must verify before you can pay. Keep your login details confidential; anything done through your account is treated as done by you.

You are at least 18 years old and use Mercify only for your own business or for a business you are authorized to represent. Team members you invite act on behalf of your account.

You will not use Mercify for stores selling products or carrying out activities that are unlawful, infringe the rights of others (including counterfeits) or are prohibited under Shopify's Acceptable Use Policy. We may suspend or close an account in the event of misuse, non-payment, chargebacks or a reasonable suspicion of use in breach of these terms or the law.

4.Prices and payment

Current prices are shown on mercify.ai and in your account. At present: one store with 25 products costs €100, a bundle of 3 stores €270 and a bundle of 10 stores €800 (store credit you can use whenever you like), and every 50 additional products cost €50 (up to 125 products per store).

Prices are in euros and exclude VAT. Customers in the Netherlands pay 21% VAT. Businesses elsewhere in the EU with a valid VAT number are reverse charged; without a valid VAT number we charge Dutch VAT. No VAT applies outside the EU. You see the total including VAT before you confirm payment, and you receive an invoice by email immediately after each payment.

You pay in advance through our payment provider Mollie (iDEAL, credit card, Bancontact and any other methods shown at checkout). We never see or store your full card or bank details. We start work on your store as soon as Mollie confirms the payment. If a payment is reversed or charged back, we pause the build of that store and freeze the related credit until the matter is resolved.

Store credit (a bundle) is a prepaid number of stores held in your account for future stores. It is personal, non-transferable and cannot be exchanged for cash, except as set out in our cancellation and refund policy. Stores and store credit are one-off purchases. The only subscriptions are the optional verification number (monthly) and the optional domain (yearly), which you may cancel at any time under Billing, as set out in the Verification number and Domain sections.

5.Verification number

When you check out a store, you can buy a verification number: a phone number for verifying your own accounts (such as Google, Meta and Shopify). It costs €9.95 per month, excluding VAT. You pay for the first month at checkout; after that, we charge you automatically each month through Mollie (direct debit or credit card) until you cancel. You may cancel in any month under Billing; the number then keeps working until the end of the month you have paid for.

The number is intended solely for receiving SMS codes; it cannot be used to make calls or send messages. We obtain it from a telecom provider and it is registered in Mercify's name. We automatically forward every text message received on the number to the email address you provide; we do not store the content. Whether a service accepts a virtual number is for that service alone to decide; we cannot guarantee it.

The number is personal: you may use it only for your own business and not to circumvent the rules of any other service. It remains yours for as long as your subscription is active. If the subscription ends (because you canceled it, or because a payment still fails after repeated attempts), we hold the number for you for a further 30 days and continue to forward codes during that period; after that we close it and never reassign it to anyone else. The number cannot be ported to another provider, so if you want to stop, switch your accounts to a different number in good time.

You can also show the number as your store's phone number. Callers cannot reach you on it, so you remain responsible for making sure customers can contact you another way, such as by email, and for saying so in your store.

6.Domain

When you check out a store, you can buy a domain name ending in .com, .net, .nl, .de or .co.uk, choosing from the names still available at that moment. It costs €19.95 per year, excluding VAT, whatever the extension. You pay for the first year at checkout; after that, the domain renews automatically each year and we charge you through Mollie (direct debit or card, under the mandate given with your first payment) about two weeks before it expires, until you cancel.

We register the domain with Namecheap in your name: you are the registrant, with free WHOIS privacy so that your details are not published. The domain is managed in Mercify's Namecheap account, and we point its DNS to your Shopify store. You then connect the domain in Shopify yourself (Settings → Domains → Connect existing domain).

After registration, Namecheap will send you a verification email. You must confirm it within 15 days, as ICANN rules require; otherwise the domain will be suspended. You are responsible for choosing a name that does not infringe anyone else's trade mark, name or other rights. The domain is also subject to the rules of the registry for its extension and of Namecheap as registrar.

You may cancel at any time under Billing. The domain then remains yours until its expiry date, after which it lapses and anyone else may register it. Once the domain has been registered, we do not refund the year paid, because the registry costs have already been incurred; if registration fails, we refund you in full (see our cancellation and refund policy).

7.Delivery and handover

After payment we source the products, put together the range and finish the store, usually within 30 minutes. We report any delay in your account or by email. After the handover you can add, change or remove anything in Shopify.

The store is delivered as a Shopify store that you claim or receive in your own Shopify account. From the transfer onward, you own the store and are responsible for it, including your Shopify subscription, legal pages, prices, taxes, shipping and customer service.

Timeframes are estimates. We are not liable for delays caused by Shopify, suppliers, your own input or circumstances beyond our control, but we will always complete delivery or, if that proves impossible, refund the amount paid for the undelivered store.

8.Products, suppliers and content

The products in your store come from third-party suppliers (for example dropshipping platforms such as CJ Dropshipping). Mercify selects products, writes copy and creates images for your store, but does not sell, stock or ship these products and is not a party to any sale to your customers. Availability, product costs, delivery times and product conformity are determined by the supplier and may change.

Before you start selling, you are responsible for checking that products, descriptions, claims and prices are suitable and permitted in your market, and for setting up the connection with your supplier and your order fulfillment.

Once you have paid for the store, you may use the copy, images and brand assets we create for it without time limit, in and for that store and its marketing. Anything you upload yourself (such as your logo) must be material you are entitled to use; you indemnify us against third-party claims relating to your material. We do not guarantee that a suggested store name or a logo we draw is free of third-party rights; trademark clearance is your responsibility.

9.Not satisfied?

If the delivered store does not match what you approved, report it through Support within 14 days of delivery. We will fix it or, if fixing it is not reasonably possible, build a replacement store or refund the amount paid for that store. A change of taste after approval, or changes you make yourself in Shopify, are not defects. The details and your statutory rights are set out in our cancellation and refund policy.

10.Liability

Mercify provides a starting point for your business; commercial results depend on your products, prices, marketing and operations and are not guaranteed.

Our total liability for any claim relating to a store is limited to the amount you paid for that store, except in the case of willful misconduct or gross negligence on our part, or where the law does not allow this limitation. We are not liable for indirect or consequential loss, such as lost profits, lost revenue or lost data, or for the acts or omissions of Shopify, suppliers, payment providers or other third parties.

11.Privacy

How we handle personal data is described in our privacy policy. For the products and customers of your own store, you are the data controller; Mercify processes such data only on your behalf while building or supporting the store.

12.Changes, governing law and disputes

We may amend these terms; each order is governed by the version in force when you placed it, and we will notify you of material changes in the app or by email.

These terms are governed by Dutch law. Disputes will be submitted to the competent court in Breda, the Netherlands, unless mandatory law entitles you to bring proceedings before another court. We would much rather resolve things directly: please write to hello@mercify.ai first.

These terms are available in several languages. In the event of any discrepancy between language versions, the Dutch version prevails.