These terms explain how you can use MerchantDesk, how billing and AI credits work, and what each of us is responsible for. We've tried to write them in plain English. If anything is unclear, just ask us.
1. About these terms
These Terms of Service are the agreement between you and MerchantDesk (“MerchantDesk”, “we”, “us”). They apply when you create an account, install our Shopify app, add our chat widget to a website, or use any part of the MerchantDesk portal.
If you sign up for a company, you confirm that you're allowed to accept these terms for that company. In that case “you” means the company.
Our Privacy Policy, Refund Policy, Acceptable Use Policy and Cookie Policy are part of these terms.
2. What MerchantDesk does
MerchantDesk is customer support software for online stores. Depending on your plan, it includes an AI Agent that answers your customers, a chat widget for your website, a shared inbox for your team, WhatsApp and email channels, order tracking, product recommendations, campaigns and reporting.
We improve the product all the time, so features can change. If we remove something important that you pay for, we'll tell you in advance.
3. Business use only
MerchantDesk is built for businesses, not for personal or household use. You need to be at least 18 years old and running, or working for, a business to open an account.
4. Your account and your team
Keep your login details safe and make sure the information on your account is accurate. You're responsible for what happens under your account, including anything your team members do with the access you give them.
If you think someone has got into your account, change your password and contact us at support@merchantdesk.ai straight away.
5. Free trial, plans and billing
- New accounts start with a free trial that includes a small number of AI credits. We don't charge you during the trial.
- Paid plans are billed in advance, monthly or yearly, and renew automatically until you cancel. You can cancel at any time and keep access until the end of the period you've paid for.
- If you pay through our website, Stripe processes the payment. If you use our Shopify app, Shopify bills you and the charge appears on your Shopify invoice.
- Prices don't include taxes unless we say so. You're responsible for any sales tax, VAT or similar taxes that apply.
- If we change our prices, we'll tell you at least 30 days before the new price applies to you.
- If a payment fails, we'll let you know and try again. If it still isn't paid, we may pause paid features until it is.
Refunds are covered in our Refund Policy.
6. AI credits
AI replies use credits. One credit covers one standard AI reply. A very long request can use more than one credit, and background work such as tagging, summaries, photo reading and voice-note transcription doesn't use credits.
- Credits included in your plan reset at the start of each billing period. Unused plan credits don't carry over.
- Credits you buy separately don't expire while your account is open, and they're used after your plan credits.
- Credits have no cash value and can't be transferred to another account.
- When you run out, the AI Agent pauses and your customers get standard replies until you add credits.
7. Using your own AI provider key
Where your plan allows it, you can connect your own OpenAI, Anthropic (Claude) or Google (Gemini) API key. Replies made with your key are billed to you by that provider, not by us, and your use of that key is also covered by the provider's own terms. We store your key encrypted and only use it to run MerchantDesk for you.
8. Shopify, WhatsApp and other connected services
MerchantDesk connects to services run by other companies, such as Shopify, Meta (WhatsApp, Facebook and Instagram), email providers and AI providers. Those companies have their own terms, and you need to follow them when you use their services through MerchantDesk. We aren't responsible for outages, changes or decisions made by those companies.
Some WhatsApp features connect to a phone number by scanning a QR code. This is not WhatsApp's official business platform. WhatsApp may limit or ban numbers it believes are automated, especially numbers that send messages people didn't ask for. If you choose to use this connection, you accept that risk, and we aren't liable if WhatsApp restricts your number.
9. Your data and your customers’ data
You own your content: your store information, the knowledge you train the AI with, and the conversations with your customers. You give us permission to store and process that content only so we can run MerchantDesk for you, keep it secure, and support you.
For your customers' personal data, you are the controller and we act as your processor. You're responsible for having a lawful basis to collect it and for telling your customers how you use it, for example in your own privacy policy. Our Privacy Policy and GDPR & EU AI Act page explain how we handle it.
10. AI-generated replies
The AI Agent writes replies based on your store information, your training content and the conversation. AI can still get things wrong, sound confident when it isn't right, or misunderstand a question.
- Keep your products, policies and training content accurate. The AI can only be as good as the information you give it.
- Check how it answers, especially about prices, delivery times, refunds and anything with legal or safety consequences.
- Make it clear to your customers that they're talking to an AI, and offer a way to reach a person. Our widget does this by default. If you rename the assistant or remove our branding, keep that disclosure.
- Don't use the AI to give medical, legal or financial advice.
You're responsible for the replies sent to your customers from your account, including AI replies.
11. Acceptable use
Don't use MerchantDesk for anything illegal, harmful or abusive, and don't send spam or messages people haven't agreed to receive. The full rules are in our Acceptable Use Policy.
12. Our software and your feedback
MerchantDesk, including the software, design, branding and documentation, belongs to us and our licensors. We give you a limited right to use it for your business while your account is active. You may not copy, resell or reverse engineer it, or use it to build a competing product.
If you send us ideas or feedback, we may use them to improve MerchantDesk without owing you anything.
13. Cancelling, suspension and closing your account
You can cancel your plan or close your account at any time from the portal, or by emailing us.
We may suspend or close an account if it breaks these terms or the Acceptable Use Policy, puts other customers or our systems at risk, or stays unpaid. Where we reasonably can, we'll warn you first and give you a chance to fix the problem.
After an account is closed, you can ask us for a copy of your data. We then delete it within a reasonable time, normally within 30 days, except records we must keep by law, such as invoices.
14. Disclaimer
We work hard to keep MerchantDesk reliable, but we provide it “as is” and “as available”. As far as the law allows, we don't promise that it will be uninterrupted or error-free, or that AI replies will always be accurate, and we disclaim implied warranties such as merchantability and fitness for a particular purpose.
15. Limitation of liability
As far as the law allows, we aren't liable for indirect or consequential losses, such as lost profits, lost sales, lost data or damage to reputation, even if we were told they might happen.
Our total liability for any claim related to MerchantDesk is limited to the amount you paid us in the 12 months before the claim arose.
Nothing in these terms limits liability that can't be limited by law, such as liability for fraud.
16. Indemnity
If someone makes a claim against us because of your content, your messages to your customers, or your breach of these terms or the law, you agree to cover our reasonable costs and losses from that claim.
17. Governing law and disputes
These terms are governed by the laws of the State of Wyoming, United States. If there's a problem, please contact us first. Most issues can be sorted out quickly that way. If we can't resolve it, disputes go to the state or federal courts located in Wyoming, unless the law where you are says otherwise.
18. Changes to these terms
We may update these terms as MerchantDesk and the law change. If a change matters, we'll tell you by email or in the portal at least 30 days before it takes effect. If you keep using MerchantDesk after that, the new terms apply. If you don't agree, you can cancel before the change takes effect.
19. Contact
Questions about these terms? Email support@merchantdesk.ai or write to us at 30 N Gould St, Ste R, Sheridan, WY 82801, United States.