Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Marc Molina, operating as Mercanto, domiciled in Barcelona, Spain ("Mercanto", "we", "us", or "our").

By accessing or using the Mercanto website at mercantoamz.com (or any related subdomain), starting a free trial, or making a purchase, you confirm that:

• You are at least 18 years old;
• You have the legal authority to enter into this agreement on behalf of yourself or your business;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the service.

2. The service

Mercanto is an AI-powered Amazon PPC campaign optimization service. It connects to your Amazon Advertising account to analyze campaign performance data — including keyword-level metrics, bids, budgets, and ACoS/ROAS — and provides automated optimization recommendations, bid adjustments, wasted-spend detection, and campaign diagnostics.

The service includes access to: Amazon PPC campaign data dashboards, AI-generated bid and budget recommendations, keyword harvesting and negative keyword suggestions, performance analytics and reporting, and ongoing product improvements.

Mercanto is designed for Amazon sellers generating €50,000–€1,000,000 per year in revenue. It is a B2B tool and is not intended for personal, family, or household purposes.

Some features shown on the website may be in beta or listed as "coming soon." We will clearly indicate feature availability. Beta features are provided without warranty and may be modified or discontinued.

3. Accounts & eligibility

To use Mercanto, you must create an account with a valid email address. You are responsible for:

• Maintaining the confidentiality of your login credentials;
• All activity that occurs under your account;
• Promptly notifying us at mercanto@polsia.app if you suspect unauthorized account access.

One account per person or business entity. You may not create multiple accounts to circumvent access controls or payment requirements.

We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

4. Intellectual property

A. Mercanto's property

The Mercanto platform, including its software, source code, algorithms, AI models, user interface, brand, logo, and all related materials, is owned by or licensed to Mercanto and is protected by intellectual property laws of Spain and applicable international treaties.

Upon payment of the one-time lifetime access fee, Mercanto grants you a limited, non-exclusive, non-transferable, revocable license to access and use the service for your own business purposes. This license does not permit you to sublicense, copy, modify, reverse-engineer, or distribute any part of the service.

B. Your data

You retain full ownership of your Amazon PPC campaign data, advertising reports, and optimization content ("Your Content"). By using Mercanto, you grant us a limited, worldwide, royalty-free license to process and display Your Content solely to provide and improve the service.

We do not sell or share Your Content with third parties except as described in our Privacy Policy and these Terms.

C. Feedback

If you provide feedback, suggestions, or ideas about Mercanto, you grant us an unrestricted, perpetual, royalty-free right to use that feedback in any way, without compensation to you.

D. DMCA / Copyright complaints

If you believe any content on Mercanto infringes your copyright, please notify us at mercanto@polsia.app with: (i) identification of the copyrighted work; (ii) identification of the infringing material and its location; (iii) your contact information; (iv) a statement of good faith belief; and (v) a statement of accuracy under penalty of perjury. We will respond promptly to valid notices.

5. Billing, trial & auto-charge

A. Pricing

All prices are in euros (EUR) and include applicable VAT where required by law. The lifetime access fee is a one-time payment — not a subscription, not recurring. Once paid, you retain access to Mercanto for as long as the service operates, at no additional charge.

B. Payment processing

Payments are processed by Stripe, Inc. By providing your card details to start the trial, you authorize Mercanto to charge that card €149 at the end of the 3-day trial period if you have not cancelled. Your card details are stored securely by Stripe and are not held by Mercanto directly.

C. Free trial & automatic charge

The following conditions govern the trial and auto-charge:

• Trial duration: 3 calendar days from the date you start the trial.
• No upfront charge: You are not charged during the trial period.
• Auto-charge on Day 3: Unless you cancel before the trial ends, your card on file will be automatically charged €149 for lifetime access.
• After the charge: Your account upgrades to full lifetime access immediately upon successful payment.
• Cancel before Day 3: You may cancel at any time during the trial at no cost by contacting us at mercanto@polsia.app or through your account settings. Cancellation must be received before the trial expires.
• No partial refunds: Once the €149 charge has been processed, it is final. No refunds are provided after the lifetime access payment is made, except where required by applicable EU consumer protection law (see Section 5D below).
• Failed payment: If the auto-charge fails (e.g., insufficient funds or expired card), we will notify you by email. You must update your payment details within 48 hours to retain access.

D. EU right of withdrawal

If you are a consumer (not a business) located in the European Union, you ordinarily have a 14-day right of withdrawal from the date of purchase under EU Directive 2011/83/EU.

Waiver of withdrawal right upon immediate service access: By starting your 3-day trial, you explicitly request and consent to the service being made available to you immediately. You acknowledge that, once you have accessed the service (e.g., connected your Amazon account or viewed the dashboard), you expressly waive your 14-day right of withdrawal in accordance with Article 16(m) of EU Directive 2011/83/EU.

If you have not accessed the service (i.e., you have not connected your Amazon account or used any Mercanto features), and you wish to exercise your withdrawal right within 14 days of the auto-charge, please contact us at mercanto@polsia.app. We will process valid withdrawal requests within 14 days.

The right of withdrawal does not apply to: (i) services fully performed before the withdrawal period ends, where performance began with your explicit prior consent and acknowledgement of loss of withdrawal right; or (ii) digital content delivered immediately where you gave explicit consent and acknowledged the waiver.

E. Price changes

Because lifetime access is a one-time purchase, there are no future price changes applicable to your access. We may change the price for new customers at any time without prior notice.

6. Acceptable use

By using Mercanto, you agree not to:

• Use the service for any unlawful purpose or in violation of any applicable laws or regulations;
• Access accounts or advertising data you do not own or have explicit authorization to manage;
• Reverse engineer, decompile, or disassemble any part of the Mercanto platform;
• Attempt to gain unauthorized access to any part of the service or its infrastructure;
• Use automated bots, scrapers, or crawlers to extract data from the platform;
• Violate Amazon's Advertising Policies, Seller Central Terms of Service, or API usage terms;
• Upload or transmit malware, spam, or any harmful code;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Interfere with or disrupt the service or servers connected to the service.

Violation of this section may result in immediate account termination without refund.

7. Your content & data

Mercanto processes your Amazon PPC campaign data, advertising reports, bid history, keyword performance, and optimization content ("Your Content") to provide the service.

You represent and warrant that: (i) you have the right to provide Your Content to Mercanto; (ii) Your Content does not infringe any third-party intellectual property rights; and (iii) you have obtained all necessary permissions from Amazon to share API data with third-party optimization tools.

Data retention: We retain your campaign data for as long as your account is active. Upon account closure, we will delete or anonymize your data within 90 days, unless required by law to retain it longer.

Aggregated data: We may use anonymized, aggregated data derived from Your Content (e.g., industry ACoS benchmarks) to improve the service and publish insights. No individually identifiable data will be shared.

8. Privacy & GDPR

Mercanto is committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and applicable Spanish data protection law (Ley Orgánica 3/2018, LOPDGDD).

Our full Privacy Policy explains how we collect, use, store, and protect your personal data. By using Mercanto, you acknowledge and agree to the terms of our Privacy Policy.

Data controller

The data controller for personal data processed through Mercanto is: Marc Molina, Barcelona, Spain. Contact: mercanto@polsia.app.

Your rights

Under GDPR, you have the right to: access your personal data; correct inaccurate data; request deletion ("right to be forgotten"); restrict or object to processing; data portability; and withdraw consent at any time. To exercise any of these rights, contact us at mercanto@polsia.app. We will respond within 30 days.

Data Processing Agreement (Annex 1)

For customers who use Mercanto to process personal data of their own customers or employees (acting as a data processor on your behalf), the terms in Annex 1 below apply and are incorporated into these Terms by reference.

International data transfers

Your data is processed primarily within the EU/EEA. Where data is transferred outside the EEA (e.g., to Stripe or Amazon infrastructure in the US), we ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission.

9. Third-party services

Mercanto integrates with third-party services to deliver the product. Your use of these integrations is subject to the respective third-party terms:

• Amazon Advertising API — Amazon's Developer Agreement and Advertising Policies govern your use of Amazon's API through Mercanto.
• Stripe — Payment processing is governed by Stripe's Terms of Service and Privacy Policy.

Mercanto is not responsible for the availability, accuracy, or content of third-party services. Outages in third-party APIs (including Amazon's Advertising API) do not constitute a breach of these Terms by Mercanto.

10. Disclaimers

Mercanto is provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by applicable law.

In particular, we do not warrant that:

• The service will be uninterrupted, error-free, or free of harmful components;
• The AI-generated bid recommendations or optimization suggestions will achieve any specific ACoS, ROAS, revenue, or profitability outcomes;
• The service will be compatible with all Amazon account types, marketplaces, or API versions;
• Data retrieved from the Amazon Advertising API will be complete, accurate, or up to date at all times.

PPC performance depends on many factors outside Mercanto's control, including Amazon's algorithm, product listing quality, competitor activity, inventory levels, and market conditions. You are responsible for reviewing all recommendations before applying them to your campaigns.

Nothing in these disclaimers limits your statutory rights as an EU consumer.

11. Limitation of liability

To the maximum extent permitted by applicable law, Mercanto's total liability to you for any claim arising from or related to your use of the service is limited to €149 (the lifetime access fee you paid).

In no event shall Mercanto be liable for:

• Indirect, incidental, special, or consequential damages;
• Lost profits, lost revenue, or lost business opportunities;
• Loss of Amazon advertising spend caused by following AI recommendations;
• Data loss, corruption, or unauthorized access to your Amazon account;
• Damages arising from third-party service outages (Amazon API, Stripe, etc.).

Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded or limited under EU consumer protection law or Spanish law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Mercanto, Marc Molina, and any affiliated persons from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of or inability to use the service;
• Your breach of these Terms;
• Your violation of any applicable law or third-party rights;
• Your Amazon PPC campaign content, including claims that it infringes third-party intellectual property.

13. Termination

You may close your Mercanto account at any time by contacting mercanto@polsia.app. Closing your account does not entitle you to a refund of the lifetime access fee, except as required by law.

Mercanto may immediately suspend or terminate your account and access to the service if you:

• Breach any provision of these Terms;
• Engage in fraudulent, illegal, or abusive activity;
• Provide false account or payment information;
• Take actions that harm the service, other users, or Mercanto's infrastructure.

Upon termination by either party: (i) your license to use the service ends immediately; (ii) your data will be handled per Section 7 and our Privacy Policy; (iii) provisions that by their nature should survive (Sections 4, 8, 10, 11, 12, 14) will survive termination.

Termination for cause (breach) does not entitle you to any refund. Termination by Mercanto for reasons other than breach, where you have not yet accessed the service, may entitle you to a pro-rated refund at our discretion.

14. Disputes & governing law

These Terms are governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.

EU consumer rights: If you are a consumer residing in the European Union, you may also bring proceedings before the courts of your country of residence, and you benefit from any mandatory protections provided by the laws of your country of residence that cannot be waived by contract.

Online dispute resolution: The European Commission provides an online dispute resolution (ODR) platform for EU consumers at ec.europa.eu/consumers/odr. Our contact for ODR purposes: mercanto@polsia.app.

No class actions: You agree that any disputes will be resolved on an individual basis. Group or class action proceedings are not applicable to the extent permitted by Spanish law. Note: EU consumer law may provide broader rights with respect to collective redress that cannot be waived.

Informal resolution first: Before initiating any formal proceedings, we ask that you contact us at mercanto@polsia.app so we can attempt to resolve the dispute informally. We aim to respond within 5 business days.

15. Changes to these terms

We may update these Terms from time to time to reflect changes in the law, our business, or the service. When we make material changes, we will:

• Update the "Last updated" date at the top of this page;
• Notify you by email at least 14 days before changes take effect;
• Display a prominent notice on the website.

Your continued use of Mercanto after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you may close your account before the effective date.

For lifetime access holders, material changes that would negatively affect your access rights will require your explicit consent.

16. Contact

Questions about these Terms, your account, or the auto-charge? Contact us:

We aim to respond to all inquiries within 5 business days. For urgent issues related to trial cancellation, please email us with subject line "CANCEL TRIAL" and we will prioritize your request.

Annex 1. Data Processing Agreement

This Data Processing Agreement ("DPA") is incorporated into and forms part of the Mercanto Terms of Service. It applies where Mercanto processes personal data on your behalf in the course of providing the service.

Definitions

• "Data Controller" — you, the customer, who determines the purposes and means of processing personal data.
• "Data Processor" — Mercanto (Marc Molina), acting on your instructions to process personal data.
• "Personal Data" — any information relating to an identified or identifiable natural person, as defined in GDPR Article 4(1).
• "Processing" — any operation performed on personal data, as defined in GDPR Article 4(2).

Processing details

• Subject matter: Amazon PPC campaign data, advertising performance metrics, and associated account information.
• Duration: For the term of your access to Mercanto.
• Nature and purpose: To provide AI-powered PPC optimization recommendations and analytics.
• Type of data: Campaign IDs, keyword data, bid data, ACoS/ROAS metrics, and Amazon seller account identifiers.
• Categories of data subjects: Amazon sellers and their advertising account data.

Processor obligations

Mercanto, as data processor, agrees to:

• Process personal data only on documented instructions from you (the controller), unless required by EU or Spanish law;
• Ensure persons authorized to process the data are bound by appropriate confidentiality obligations;
• Implement appropriate technical and organizational security measures in accordance with GDPR Article 32;
• Not engage sub-processors without your prior written authorization (general authorization is granted for Stripe and Amazon API integrations disclosed in Section 9);
• Assist you in fulfilling your obligations to respond to data subject rights requests;
• Delete or return all personal data upon termination of the service, unless required by law to retain it;
• Make available all information necessary to demonstrate compliance with GDPR Article 28 obligations.

Security measures

Mercanto implements the following technical and organizational measures to protect personal data:

• Encryption of data in transit (TLS 1.2+) and at rest;
• Access controls restricting data access to authorized personnel only;
• Regular security assessments and vulnerability monitoring;
• Secure third-party payment processing via Stripe (PCI DSS compliant).