Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Merry AI website, applications, and related services (the “Services”) operated by Merry AI (“Merry,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

If you have a separate written agreement with Merry (for example, a master services agreement or order form), that agreement controls to the extent of any conflict with these Terms for the paid Services it covers.

Merry provides ambient clinical documentation, clinical intelligence features, browser extensions, and related tools intended to help healthcare professionals document and manage clinical work. Features may change over time as we improve the product.

Merry is a technology tool. It does not provide medical advice, diagnosis, or treatment, and it is not a substitute for professional clinical judgment. Clinicians remain solely responsible for reviewing outputs and for all clinical decisions.

You must provide accurate account information and keep credentials secure. You are responsible for activity under your account. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.

You agree not to:

• Use the Services in violation of law, regulation, or professional obligations
• Attempt to gain unauthorized access to systems, accounts, or data
• Interfere with or disrupt the Services or other users
• Reverse engineer, scrape, or misuse the Services except as allowed by law
• Upload malware or content you do not have rights to process
• Misrepresent Merry outputs as human-authored clinical judgment without review

You (or your organization) retain rights to content you submit to the Services (“Customer Content”), including audio, transcripts, notes, and prompts, subject to these Terms and any customer agreement. You grant Merry a limited license to host, process, transmit, and display Customer Content solely to provide and secure the Services and as otherwise permitted by your agreements with us.

You represent that you have all rights and consents needed to submit Customer Content, including any patient or clinician information, in accordance with applicable law.

Merry and its licensors own the Services, software, models (excluding Customer Content), branding, and documentation. These Terms do not transfer ownership of our intellectual property to you. Feedback you provide may be used by Merry without obligation to you.

Our collection and use of personal information is described in our Privacy Policy. For PHI processed for covered entities, customer and business associate agreements may also apply.

The Services may integrate with EHRs, browsers, authentication providers, or other third-party tools. Those services are governed by their own terms and privacy policies. Merry is not responsible for third-party services we do not control.

Paid plans, usage-based fees, and trials are described on our Pricing page or in an order form. Unless otherwise stated, fees are non-refundable except as required by law or expressly agreed in writing.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERRY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that outputs will be error-free, complete, or suitable for any clinical decision without independent professional review.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERRY AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO MERRY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100) IF YOU HAVE NOT PAID FEES. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.

You will defend and indemnify Merry against claims arising from your misuse of the Services, your Customer Content, or your violation of these Terms or applicable law, except to the extent caused by Merry’s willful misconduct.

We may suspend or terminate access if you violate these Terms, create risk or legal exposure, or fail to pay fees when due. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.

These Terms are governed by the laws of the United States and the State of Delaware, excluding conflict-of-law rules, unless a customer agreement specifies otherwise. Exclusive venue for disputes will be the state or federal courts located in Delaware, except where prohibited by law.

We may update these Terms by posting a revised version on this page. Continued use after the effective date constitutes acceptance of the updated Terms, except where a written customer agreement requires a different amendment process.

Merry AI — Legal
Email: team@merryscribe.com
Website: https://merryscribe.com