Terms of service

Part I. For every account

1. Who we are

Merlin is an inventory, point-of-sale and invoicing service for shops. It is provided by to be confirmed, RIF to be confirmed, domiciled in to be confirmed, Venezuela (“we” in these terms).

Write to to be confirmed about the service and to to be confirmed about your personal data.

2. How you accept these terms

You accept these terms by ticking the acceptance box when you create your account or accept an invitation to a business. That electronic acceptance is worth the same as a signature on paper, as the Venezuelan Law on Data Messages and Electronic Signatures recognizes.

To prove what you accepted, we keep the exact version of the terms and the privacy policy, the date and time, the text of the box you saw, the IP address and the browser you accepted from. You can see that history in your profile.

You must be 18 or older. If you accept on behalf of a business, you declare you have authority to bind it.

If you do not agree with these terms, do not use the service.

3. Words we use

“Business” is the company or shop registered in Merlin, with its branches, locations and registers. “Owner” is the person who created the business or to whom it was transferred. “Team” is the people the owner invites, with the permissions they get.

“Business data” is the products, prices, stock, sales, purchases, customers, suppliers and documents the business records. “Personal data” is whatever identifies a person.

4. What Merlin is and is not

Merlin is a software tool: it helps you sell, control stock, buy, invoice and see how your business is doing, on a computer, tablet or phone.

Merlin is not an accountant, a tax adviser or a lawyer. What it shows (rates, reports, suggestions) helps you decide, but the decisions are yours.

Features marked “In progress” or “Coming soon” are not available yet and may change before release.

5. Your account and your team

Keep your details current and protect your password, your codes and your team's PINs. What is done with your account is presumed done by you, unless you tell us about unauthorized use.

The owner decides who enters the business and with what permissions, and answers for what the team does inside Merlin. You can remove anyone's access at any time.

If you suspect someone got in without permission, change your password and write to us at once.

6. When there is no internet

The register keeps selling offline. Meanwhile, sales are stored on that device and sent automatically when the internet returns.

Until they are sent, those sales exist only on the device. If the device is lost, damaged or wiped before syncing, we cannot recover them. The system shows how many sales each register still has to send.

If two registers sell the same item offline and the stock is short, no sale is deleted: the system records an incident for the business to resolve.

7. Your data

Business data belongs to the business. You let us store, process and display it only to provide the service, keep it secure and comply with the law.

How we handle personal data is in the Privacy policy. When the business records data about its customers or suppliers, the business decides about that data and we process it on its behalf (Part II).

You can export your data whenever you want. If you close your account, we delete it as described under “Suspension and closing the account”.

8. Acceptable use

Do not use Merlin for illegal activity, to sell forbidden products, to evade taxes or to deceive your customers.

Do not try to enter other people's accounts or businesses, bypass your plan's limits, copy or reverse-engineer the software, or overload the service. Security testing is allowed only with our written authorization.

Do not upload content that infringes others' rights or personal data you are not entitled to process.

9. Intellectual property

The software, brand, drawings, characters and texts of Merlin belong to us or to those who licensed them to us. We give you a personal, non-exclusive, non-transferable permission to use them while your account is active.

What you upload (photos, product names, logos) stays yours. We only use it to show it to you and your team and, if you ask, on your documents.

10. Messages we send you

We send service messages that cannot be turned off because you need them: security (a new sign-in, a password change), billing and changes to these documents.

News and offers reach you only if you accepted them, and you can stop them from your profile or with the link in every email, in one click.

11. Availability and changes to the service

We work to keep Merlin always available, but there may be maintenance and failures. We announce planned maintenance in advance.

The service is provided as is. We may improve, change or remove features; if we remove something you paid for, we tell you at least 30 days ahead.

12. Third-party services

Some features depend on others: the Central Bank of Venezuela's rate, your fiscal printer, your bank, your internet provider. We do not answer for their failures, though we will warn you when we detect them.

The rate Merlin shows is for information. Check it is the right one before using it in an important operation.

13. Limitation of liability

We do not answer for indirect losses, such as profits you did not make, nor for harm caused by misuse of the account, by your team or by third-party failures.

Our total liability to you for any claim is limited to the greater of: what you paid for Merlin in the 12 months before the event, or 100 US dollars (or its bolívar equivalent at the official rate on the day of payment).

Nothing here limits liability the law does not allow to limit, such as for wilful misconduct or gross negligence.

14. Indemnity

If someone claims against us for something you did in Merlin against these terms or the law, you answer for that claim and for the reasonable defense costs it causes us.

15. Suspension and closing the account

You can close your account whenever you want from your profile. We will ask for your password, offer to export your data, and give you 30 days to change your mind before anything is deleted.

We may suspend or close an account for fraud, false information, a serious breach of these terms or an authority's order. Unless urgent or legally forbidden, we will tell you first and say why.

The sections on intellectual property, limitation of liability, indemnity and governing law survive the closing of the account.

16. Changes to these terms

Each version has its date. Earlier versions stay published so you can read the one you accepted.

If a change is important (your rights, payments, liability limits or the use of your data), we tell you by email and in Merlin at least 30 days ahead and ask you to accept it again. While you decide, your register keeps selling: we never block a sale for this.

Minor changes (wording, contact details) are published with their date and a summary.

17. Governing law and claims

These terms are governed by the laws of the Bolivarian Republic of Venezuela.

Before going to court, write to us: we have 30 days to look for a solution together. If none is reached, the claim goes to the competent courts of to be confirmed, without prejudice to the consumer rights the law gives you and that cannot be waived.

18. Other provisions

If part of these terms is held invalid, the rest stays in force. Not enforcing something once does not mean we waive it.

These terms, the Privacy policy and the Cookie policy are the whole agreement between you and us about Merlin. If the Spanish text and a translation differ, the Spanish prevails.

Part II. For businesses on a plan

19. Plans, trial and payments

The plans, their prices and what they include are on the pricing page. Prices are stated in US dollars and can be paid in bolívares at the official rate on the day of payment, plus applicable taxes.

Paid plans may include a trial. When it ends you stay on the free plan unless you chose another; we never charge you without your request.

If we change your plan's price, we tell you 30 days ahead; the new price applies from your next period.

You can cancel whenever you want; the plan stays active until the end of the paid period. We do not refund the current period unless the law requires it.

20. If you stop paying

Your account is limited, not deleted: you can sign in, look up and export your data, but the plan's features pause until you pay or change plans.

21. Processing data on the business's behalf

When the business records data about its customers, suppliers or employees, the business is the controller of that data and we process it on its behalf. This section is the processing agreement between both.

We process that data only to provide the service and following the business's instructions, which are the ones it gives by using Merlin. We do not use it for our own purposes or sell it.

Our staff with access are bound by confidentiality and only enter for support or security, logged in the audit trail. The providers who help us are listed in the Privacy policy, with 30 days' notice before adding a new one.

We help you answer people's requests (access, correction, deletion) and tell you without delay, and within 72 hours of learning of it, if an incident affects that data.

When the service ends, we delete that data as described under “End of the relationship”, except what the law requires us to keep.

22. The business's tax obligations

The business answers to SENIAT and other authorities for its invoices, notes, books and returns. Merlin gives it the tools (fiscal printer, invoice book, delivery notes, sales book) but does not replace its accountant.

Fiscal documents and payment records are kept for the time the law requires, even if the business closes its account.

23. End of the relationship

Before closing, the owner can export all the business's data. After asking to close, there are 30 days to cancel, during which nothing is deleted.

After that period we delete the business's data. Fiscal and payment documents move to a restricted archive, only for legal requests, and are deleted when the legal retention period ends.

If a register of the business still has unsent sales, we wait for them to be sent before deleting, and tell you which register it is.