Terms and Conditions

Mercuric (accessible at https://mercuric.ai, together with its subdomains, dashboards and client portals, the "Platform") is a proprietary software product and the services operated around it. Mercuric is operated and provided by the independent consultants who build and run it ("Mercuric", "we", "us" or the "Operators"), each acting in their independent professional capacity. Fees for any engagement are invoiced by and payable to one or more of the Operators or their designated partners as consultants, as set out in the applicable proposal or invoice.

"Client", "you" or "your" means the person or entity that accesses the Platform or engages the Services. "Engagement" means a written proposal, quotation, order form or statement of work accepted by you. "Services" means the services described in Section 3. "Deliverable" means any analysis, strategy, brief, draft or content produced for you under an Engagement. "Inputs" means the materials, data, information, access and instructions you provide to us.

These Terms, together with the Privacy Policy and any Engagement, are the entire agreement between you and us and supersede all prior oral or written understandings on the subject. If an Engagement conflicts with these Terms, the Engagement prevails for that scope, and only to the extent of the conflict. We do not accept counter offers to these Terms; any such offer is rejected unless accepted by us in writing.

The Platform is intended for business use. By using it you affirm that you are at least eighteen (18) years of age and competent to enter into a legally binding contract under applicable law. You further affirm that you access the Platform and engage the Services in the course of business, for commercial purposes, and not as a consumer for personal, family or household use, and that the Services are accordingly availed for a commercial purpose. We may suspend or restrict access where we reasonably believe a user lacks that capacity.

Where the Services include access to a dashboard or portal, you must provide true and accurate information when an account is created for you. Accounts are non-transferable. You are responsible for keeping your credentials confidential and for all activity under your account, and you agree to notify us immediately at support@mercuric.ai if you suspect unauthorised access. We are not responsible for actions taken through your account before we receive that notice.

Mercuric is an AI powered content system for organic growth, operated for the Client by the Operators through the Platform. Depending on the Engagement, the Services may include:

• analysis of the Client's visibility across search engines, AI answer surfaces and social conversations, including SEO and GEO analysis and website diagnosis;
• construction of a brand profile ("Brand Brain") from material the Client provides or has published;
• content strategy, briefs and drafts of content such as blog posts, LinkedIn posts and X posts, produced with the assistance of artificial intelligence and reviewed through our editorial gates;
• publishing support and ongoing tracking of citations, rankings and answers through the dashboard.

The Services offered may change from time to time at our discretion. The free audit offered on the website is an informational, preliminary analysis provided as a courtesy. It is not professional, legal, financial or investment advice, it is provided without any warranty or liability, and it creates no Engagement by itself.

What we take responsibility for. We operate the content system for you: running the analysis, building the strategy, producing Deliverables, applying our editorial checks and keeping the work visible to you in the dashboard. We commit to performing the Services with reasonable skill and care. Our responsibility is limited to helping you operationalise content production in this way.

What you take responsibility for. Every Deliverable, including content that has passed our internal checks, is a draft until you approve it. You are solely responsible for reviewing, editing where needed, approving and publishing any content, on your website or anywhere else. Anything you publish is published as your own content, under your editorial control and at your own risk and responsibility. Where the Engagement includes publishing support and we publish, schedule or distribute content on your behalf under your approval, a standing instruction or Section 8, that content is deemed published by you for the purposes of these Terms, as if you had published it yourself. We do not accept responsibility or liability for the accuracy, completeness, originality, legal or regulatory compliance or fitness for purpose of any individual Deliverable, or for any consequence of publishing content, whether or not you reviewed it.

The Services are not a substitute for your own editorial, legal or regulatory review, particularly in regulated categories such as healthcare or financial services. Where a Deliverable makes claims about your own products, pricing or compliance, verifying those claims is your responsibility, because you alone hold the underlying facts. The same applies to statements a Deliverable makes about competitors or any other third party, including comparisons, rankings and references to third-party names or marks: by accepting or publishing such a statement you confirm that you are prepared to stand behind it as its publisher, and any claim it attracts is yours under Section 18.

The Services rely on third-party artificial intelligence models and on data derived from the public web. AI-generated analysis and drafts can contain errors, omissions or statements that require verification, and outputs for the same input can vary over time. We make no representation as to the accuracy, completeness or reliability of third-party or public data used by the Platform, and such data remains the property of its owners. Visibility measurements reflect what AI surfaces and search engines returned at the time of measurement; they are observational and are not a representation of how any third-party platform will behave. These are further reasons the review responsibility in Section 4 sits with you.

We report movement honestly and label what is measured versus what is estimated. We do not guarantee rankings, citations, AI answer placements, traffic, leads, revenue or any other outcome, and nothing on the Platform, in any Deliverable, or in an Engagement shall be construed as such a guarantee. Any indicative forecast, checklist or suggestion on the Platform is exactly that; acting on it is your decision and we accept no liability for results. Search engines and AI platforms are third parties whose behaviour we do not control.

You agree to:

• provide timely Inputs, approvals and access reasonably needed for the Services; we are not liable for delay or failure to perform to the extent caused by your delay, unavailability, or incomplete or inaccurate Inputs;
• ensure that your Inputs are accurate and lawful, that you own them or have the right to share them, and that they do not infringe any third-party right; you are solely responsible for the legality, accuracy and completeness of your Inputs;
• use the Platform and Deliverables only for lawful purposes and in compliance with the terms of any platform you publish to.

You agree not to (directly or indirectly):

• request or use the Services to produce content that is unlawful, defamatory, deceptive, infringing, hateful or harmful; we may refuse any such request;
• copy, adapt, modify, translate, create derivative works from, distribute, sell, sublicense, publicly display or otherwise exploit the Platform except as these Terms expressly permit;
• decompile, disassemble, reverse engineer or otherwise attempt to extract the source code, prompts, workflows, scoring methods or underlying ideas of the Platform, except to the limited extent a law specifically prohibits this restriction;
• scrape, crawl or use any automated tool to extract data from the Platform, impose an unreasonable load on its infrastructure, bypass its security or access controls, or interfere with its proper working;
• access the Platform or the Services to build a similar or competing product or service;
• share, sell or transfer your access to the Platform to any third party.

We may suspend or terminate access, and remove any material, where we reasonably believe this Section has been breached, with or without notice.

You should review each Deliverable within seven (7) working days of it being made available (the "Review Period"). A Deliverable is deemed accepted when you approve it in writing or through the Platform, publish or otherwise use it, or let the Review Period lapse without written feedback, whichever happens first. Rejection of one Deliverable is not grounds for withholding acceptance or payment for others.

Unless the Engagement says otherwise, up to two (2) rounds of revisions per Deliverable are included when requested within the Review Period. Revisions requested after acceptance, or beyond the included rounds, are a new scope and are charged separately.

Fees are as set out in the applicable Engagement and are payable in advance unless agreed otherwise in writing. Invoices are raised by the Operators or their designated partners in their consulting capacity, and payment is due in the manner and currency stated on the invoice. A payment is received only when credited to the account stated on the invoice; we are not responsible for amounts deducted from your account that do not reach us. Fees paid for work performed are non-refundable. Each party bears its own taxes as applicable to it under law. If payment is overdue, we may suspend the Services until the account is current, and the time for our performance is extended accordingly.

Subject to your compliance with these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence, without the right to sublicense, to access and use the Platform solely to receive the Services during the Engagement. No other right or licence is granted to you by implication, estoppel or otherwise. All rights not expressly granted are reserved.

Your content. Ownership of a Deliverable remains with us until it is accepted under Section 8 and the fees due for it are paid in full, at which point all right, title and interest in that Deliverable is assigned to you. You may then use it without restriction. You may not use a Deliverable that has not been accepted and paid for; doing so is an infringement of our rights.

Our platform.We retain all right, title and interest in the Platform and everything behind it: the software, brand names, logos, designs, prompts, workflows, scoring methods, templates, documentation, know-how and trade secrets, and any general skills, know-how and improvements arising from operating the Services ("Residuals"). We are free to use Residuals for any purpose, including serving other clients, provided Residuals never include your content or your confidential information.

Your materials. You grant us a limited, non-exclusive licence to use your Inputs solely to perform the Services. You retain ownership of your Inputs. We may identify you by name and logo as a client in our marketing unless you ask us in writing not to.

If you believe any material on the Platform infringes your copyright, write to support@mercuric.ai.

Each party will keep the other's non-public information confidential, use it only for the Engagement, and limit access to those who need it for the Engagement and are bound by comparable obligations. This does not apply to information that is or becomes public without breach, was lawfully known before disclosure, is received from a third party without restriction, is independently developed, or must be disclosed by law or a competent authority (with prompt notice to the other party where lawful). On request, each party will return or destroy the other's confidential information. This obligation survives for two (2) years after the Engagement ends. Unsolicited ideas or suggestions sent to us outside an Engagement are not confidential.

Personal data is handled as described in our Privacy Policy, which is incorporated into these Terms by reference. Where you share personal data of others with us, you represent that you have the lawful basis and any consent needed to do so.

The Platform may be unavailable for periods of time for maintenance, upgrades or reasons outside our control, and we may change, suspend or discontinue features of the Platform. We keep downtime as brief as we reasonably can, but we do not guarantee uninterrupted availability and are not liable for losses resulting from interruption. Alerts, notifications and reports delivered through the Platform may be delayed or fail; you agree we are not liable for actions taken or not taken in reliance on them.

Engagements run month to month unless stated otherwise. Either party may terminate an Engagement with fifteen (15) days' written notice, or immediately if the other party materially breaches these Terms and fails to cure within fifteen (15) days of written notice, or becomes subject to insolvency, winding up or bankruptcy proceedings. We may also suspend or terminate Platform access immediately for breach of Section 7.

On termination: you pay for all Services rendered up to the effective date; we hand over accepted Deliverables that are paid for; your licence to the Platform ends; and each party returns or deletes the other's confidential information on request. Provisions that by their nature should survive termination (including Sections 4, 5, 6, 11, 12, 16, 17, 18, 19 and 22) survive.

THE PLATFORM, THE SERVICES AND ALL DELIVERABLES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR SUGGESTION FROM US CREATES A WARRANTY. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, THE SERVICES OR ANY DELIVERABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICES IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE SERVICES, INCLUDING THE FREE AUDIT, OUR TOTAL LIABILITY IS ZERO. THESE LIMITS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Without limiting the above, we are not liable for any claim or loss arising from: (a) your use of, reliance on, or publication of any Deliverable, whether or not modified by you; (b) combination of a Deliverable with material we did not provide; (c) our compliance with your specifications or instructions; (d) your Inputs; (e) your failure to cooperate, respond or provide accurate and complete information in a timely manner; or (f) any act, omission, outage, policy change or output of a third party, including AI platforms, search engines, hosting and infrastructure providers.

To the extent permitted by law, no claim arising out of or relating to these Terms, the Platform, the Services or any Deliverable may be brought by you more than twelve (12) months after you first knew, or reasonably ought to have known, of the facts giving rise to it.

You will defend, indemnify and hold harmless the Operators and their partners, contractors and representatives from all liabilities, losses, claims and expenses (including reasonable legal fees) that arise from or relate to: (a) content after you have accepted it or it has been published or deemed published under Section 4 or Section 8; (b) your Inputs; (c) your use or misuse of the Platform, the Services or any Deliverable, including any use in violation of law or third-party rights; or (d) your breach of these Terms. We reserve the right to assume the exclusive defence of any matter subject to indemnification by you, in which case you will cooperate with us.

During an Engagement and for one (1) year after it ends, you will not directly or indirectly solicit for employment or engagement any Operator, team member or contractor of Mercuric who worked on your Engagement, except with prior written consent.

You agree that electronic acceptance of these Terms or of any Engagement, and any electronic signature or symbol used with intent to accept, has the same legal validity as a handwritten signature. We may send notices, invoices and alerts electronically, through the Platform or to the email address you provide, and such notices are deemed received one (1) day after being sent. Notices to us should be sent to support@mercuric.ai. You are responsible for keeping your contact details current. We may also contact you for feedback, service updates and information about the Services; feedback you give us may be used freely and without compensation or obligation of confidence.

• Relationship. The Operators act as independent consultants. Nothing in these Terms creates a partnership, agency, joint venture or employment relationship, and neither party may bind the other. The obligations of the Operators are several and not joint: any claim in connection with an Engagement may be brought only against the Operator or Operators who contracted and invoiced that Engagement, and not against any other Operator, team member, partner or contractor in their personal capacity.
• Force majeure. Neither party is liable for delay or failure (other than payment obligations) caused by events beyond its reasonable control, including outages or policy changes of third-party AI and search platforms.
• Assignment. You may not assign these Terms or an Engagement without our written consent. We may assign or novate an Engagement to a legal entity formed to operate Mercuric, on the same terms.
• Severability. If any provision is held invalid or unenforceable, it is limited to the minimum extent necessary and the rest remains in full force.
• Waiver. A failure or delay in enforcing a provision is not a waiver of it. Waivers are valid only in writing.
• Precedence. In a conflict between these Terms and a signed Engagement, the Engagement prevails to the extent of the conflict.

These Terms are governed by the laws of India, without regard to conflict of law provisions. The parties will first attempt to resolve any dispute through good faith consultation for thirty (30) days. Failing that, the dispute shall be referred to final and binding arbitration by a sole arbitrator appointed by mutual agreement under the Arbitration and Conciliation Act, 1996, with the seat and venue at Bengaluru, India, and proceedings conducted in English. Each party bears its own costs unless the award states otherwise. Subject to the above, the courts at Bengaluru, India have exclusive jurisdiction.

To the extent permitted by law, disputes will be resolved on an individual basis only. Neither party may bring or participate in a class, collective or representative proceeding, and disputes of multiple parties may not be consolidated.

We may update these Terms from time to time by posting the revised version on this page with an updated date. It is your responsibility to review this page periodically. Continued use of the Platform or the Services after a change means you accept the revised Terms; if you do not agree, stop using the Platform. Material changes to an active Engagement will be agreed in writing.

Questions, complaints or grievances about these Terms or the Services: support@mercuric.ai. We acknowledge complaints within forty-eight (48) hours and aim to resolve them within thirty (30) days. Attempting a resolution through our standard process does not mean a complaint is unresolved merely because you disagree with the outcome.