End User Terms

These End User Terms of Service (“Terms”) govern use of the Service (as defined below) by End User to enable one or more Integrations (each as defined below) that are made available by Merge API, Inc. (“Merge”).

End User” means the entity that accepts and agrees to these Terms either by clicking a button indicating its acceptance of these Terms and/or by using the Service to enable an Integration (as defined below).

Merge reserves the right to update these Terms in its sole discretion. The effective date of each update will be (i) 30 days from the date of such update, or (ii) End User’s continued use of an Integration, whichever is earlier.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THE SERVICE TO ENABLE AN INTEGRATION. THE SERVICE IS INTENDED FOR END USER AND ITS AUTHORIZED USERS ONLY AND IS NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. IF AN INDIVIDUAL IS ENTERING INTO THESE TERMS ON BEHALF OF A LEGAL ENTITY, SUCH PERSON REPRESENTS AND WARRANTS THAT IT HAS THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND THESE TERMS APPLY TO SUCH ENTITY WHICH IS DEEMED TO BE END USER.

DEFINITIONS

Capitalized terms are as defined below:

API” means an application programming interface.

Documentation” means the written or online user manuals, help files, specification sheets, or other documentation regarding the Service made available by Merge.

End User Data means any data transferred to Merge by End User (directly or indirectly) via an Integration.

Integration(s)” means any API integration made available by Merge that enables End User to transfer End User Data between a Partner application and a Vendor application by means of the Service.

Partner” means a third-party provider of a SaaS solution used by End User (e.g., HRIS, ATS, accounting, etc.).

Service means Merge’s proprietary, Software-as-a-Service integration solution for platforms (such as for HR, payroll, recruiting and accounting), which includes the Integration(s), Software, Documentation, and all modifications, updates, and upgrades as well as derivative works of each of the foregoing.

Software means the software that Merge develops and maintains in order to provide the Service, and all modifications, updates, upgrades thereto and derivative works thereof.

Term” means the period of time commencing upon acceptance of these Terms by End User and continuing for so long as End User maintains at least one API connection between a Partner’s application and the Service.

Vendor” means End User’s vendor (Merge’s customer) that requires access to End User Data in order to deliver its products or service to End User.

  1. ACCESS TO AND USE OF THE SERVICE
  1. OBLIGATIONS
  1. TERMINATION & SURVIVAL
  1. OWNERSHIP
  1. DISCLAIMER

THE SERVICE AND THE INTEGRATIONS ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. MERGE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT. MERGE DOES NOT WARRANT THAT THE SERVICE OR ANY INTEGRATION (A) ARE ERROR-FREE, (B) WILL PERFORM UNINTERRUPTED, OR (C) WILL MEET END USER’S REQUIREMENTS.

Last updated: February 2, 2024