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Terms of Service

Document Version: 1.0 Date: October 2026

2.1 Acceptance of Terms

By downloading, installing, accessing, or using the Mercury Device Commander desktop application (collectively, the "Software" or "Service"), you agree to be bound by these Terms of Service ("Terms") entered into with Merlin&Partners ("we", "us", "our"). If you are accepting these Terms on behalf of an entity or organization, you represent and warrant that you have full legal authority to bind that entity. If you do not agree to these Terms, do not install or use the Service.

2.2 License Grant & Scope

  1. Merlin&Partners grants you a non-exclusive, non-transferable, revocable, non-sublicensable, limited license to download, install, and execute Mercury Device Commander on macOS devices owned or legally controlled by you, solely for your internal business or personal automation purposes.
  2. All rights not expressly granted herein are reserved by Merlin&Partners and its licensors. You may not decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of the binary components, except to the extent permitted by mandatory statutory law.

2.3 Subscription, Fees, and Payment

  1. Subscription Fee: Access to Mercury is offered on a recurring paid subscription basis at 20 USD per month (billed monthly in advance), unless otherwise agreed in writing for enterprise contracts.
  2. Billing Cycle: Your subscription automatically renews each month on the calendar day corresponding to the commencement of your paid subscription, unless cancelled prior to the renewal date.
  3. Payment Processor: Payments are processed through our authorized third-party billing partner. You authorize such provider to charge your designated payment method on a recurring basis. All fees are quoted and charged in USD, exclusive of applicable taxes (VAT, GST, sales tax), which will be calculated and added where required by local tax law.
  4. Price Adjustments: Merlin&Partners reserves the right to modify subscription pricing upon providing at least thirty (30) days prior notice. Continued use following the effective date of a price change constitutes acceptance of the new fee.

2.4 Cancellation and Termination

  1. You may cancel your subscription at any time with the payment provider or by email to office@merlin-partners.com.
  2. Upon cancellation, your access remains active until the end of the current paid billing period.
  3. Merlin&Partners reserves the right to suspend or terminate your license immediately without notice if you materially breach these Terms, engage in prohibited use, or if your payment fails.

2.5 Prohibited Use & User Responsibility

Because Mercury provides low-level control over your operating system (executing shell commands, writing/deleting files, dispatching AppleScript, and capturing screen content), you bear sole and exclusive responsibility for every action executed through the tool.

You agree NOT to:

  • Use Mercury to access, modify, delete, or exfiltrate data from any computer, server, or network without authorization;
  • Bypass, disable, or circumvent client access profiles, capability restrictions, or key revocation mechanisms;
  • Use the Service for creating, distributing, or executing malware, spyware, ransomware, unauthorized surveillance tools, or botnets;
  • Interfere with or disrupt the operation of local services or configured connections;
  • Connect untrusted or unvetted AI agents or prompts without supervision if they have access to destructive file or terminal operations;
  • Violate any applicable local, national, or international law, regulation, or export control sanction.

2.6 Disclaimers of Warranties

  1. THE SERVICE, INCLUDING THE MACOS APPLICATION AND LOCAL MCP SERVER, IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERLIN&PARTNERS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
  3. MERLIN&PARTNERS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DATA LOSS OR CORRUPTION. YOU ACKNOWLEDGE THAT THIRD-PARTY AI ASSISTANTS MAY HALLUCINATE, MISINTERPRET PROMPTS, OR GENERATE ERRONEOUS SYSTEM COMMANDS, AND YOU MAINTAIN SOLE RESPONSIBILITY FOR CONFIGURED ACCESS PROFILES AND SYSTEM ACTIONS.

2.7 Limitation of Liability

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERLIN&PARTNERS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, WORK STOPPAGE, COMPUTER SYSTEM FAILURE, OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. IN ALL CIRCUMSTANCES, THE MAXIMUM AGGREGATE LIABILITY OF MERLIN&PARTNERS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MERLIN&PARTNERS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM (OR TWENTY USD ($20.00) IF NO PRIOR MONTHS HAVE ELAPSED).
  3. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES; IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY MANDATORY LAW.

2.8 Indemnification

You agree to defend, indemnify, and hold harmless Merlin&Partners, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use or misuse of Mercury; (b) any commands, scripts, or operations executed on your systems through your connected AI clients; (c) your violation of these Terms; or (d) your infringement of any third-party right or applicable law.

2.9 Governing Law and Dispute Resolution

  1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to its conflict of law principles.
  2. The parties agree to attempt in good faith to resolve any dispute or controversy informally for at least thirty (30) days prior to initiating formal legal proceedings.
  3. Any unresolved dispute arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Kazakhstan.

2.10 Severability and Entire Agreement

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms constitute the entire agreement between you and Merlin&Partners regarding Mercury Device Commander.