Terms of Service

Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of Mergen — the local execution gateway, CLI, MCP server, browser extension, IDE integrations, and the mergen.app website (together, the "Service"). By installing, running, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

The Service

Mergen intercepts tool calls made by AI coding agents (via MCP, a Claude Code hook, and the mergen-server exec/gate-check CLI) and evaluates them against a locally-configured policy engine, returning a pass, block, or hold decision before the underlying handler executes.

The Service is a defensive engineering tool, not a guarantee. Mergen reduces the risk of unintended or destructive agent actions but cannot eliminate it entirely — it does not catch every possible hazardous command, and misconfigured or overly permissive policy is the responsibility of the operator who configured it. You remain solely responsible for the actions of the agents, tools, and infrastructure you operate, and for reviewing and configuring policy appropriate to your own environment.

Accounts

A Mergen account (via the website) is required only for paid plans and team features. Free/local usage of the CLI and MCP server does not require an account. When you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

Subscriptions and billing

Paid plans are billed through LemonSqueezy, our payment processor. By subscribing, you authorize recurring charges at the price and interval shown at checkout until you cancel. Fees are non-refundable except where required by law or expressly stated otherwise. You can view and manage your subscription from the Account page or by contacting hello@mergen.app.

Acceptable use

You agree not to use the Service to:

• Circumvent, disable, or interfere with the security or policy-enforcement functions of the Service
• Reverse engineer or resell the Service except as permitted by an applicable open-source license
• Use the Service to facilitate unlawful access to systems you are not authorized to access
• Misrepresent your identity or organization when creating an account or submitting an override

Data and privacy

Mergen Local is the default: telemetry captured by the browser extension and the local server is processed on your own machine and is not transmitted to Mergen's servers. Mergen Cloud is a separate, opt-in mode (enabled via cloud mode or a hosted policy-sync/fleet-audit workspace) under which gate decisions, audit events, and workspace metadata are stored server-side, tenant-isolated. See the Privacy Policy for exactly what is captured in each mode, our subprocessors, and how to request access, export, or deletion of your data.

Intellectual property

Mergen and its logo are trademarks of the Mergen project. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service. Open-source components of the Service are licensed separately under the terms accompanying that source code.

Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT IT WILL DETECT OR BLOCK EVERY HAZARDOUS ACTION, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERGEN AND ITS CONTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING DAMAGE CAUSED BY AN AGENT ACTION THE SERVICE DID NOT BLOCK. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Termination

You may stop using the Service at any time. We may suspend or terminate access to paid features for breach of these Terms, non-payment, or abuse of the Service. Sections that by their nature should survive termination (including disclaimers, limitation of liability, and intellectual property) will survive.

Changes to these terms

We may update these Terms from time to time. If we make material changes, we will update this page and increment the version number below. Continued use of the Service after an update constitutes acceptance of the revised Terms.

Contact

Questions about these Terms can be sent to hello@mergen.app.