Terms of Service

Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of Mergen (the local execution gateway, CLI, 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 Claude Code and Windsurf pre-execution hooks, a Cursor shell-execution hook, a Cursor/VS Code self-heal watcher for file edits, and the mergen-server exec/gate-check CLI) and evaluates them against a locally-configured policy engine, returning a pass, block, or hold decision. On pre-execution surfaces that decision is reached before the underlying handler executes; on self-heal surfaces the file edit has already been written, and a block or hold is enforced by reverting it.

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 is required on every plan: the Free plan needs a one-time sign-in (no payment), and paid plans and team features use the same account. You must be at least 16 years old to create an account; the Service is a professional developer tool and is not directed at children. If we learn that an account belongs to someone under 16, we close it and delete its personal data as described in the Privacy Policy. 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. A plan that starts with a free trial converts to that paid subscription when the trial ends unless you cancel before then. Fees are non-refundable except where required by law or expressly stated otherwise. You can cancel online at any time from Account → Billing; your plan stays active until the end of the period you paid for. You can also manage your subscription by contacting omer@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 law
• 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

On every plan, telemetry captured by the local server is processed on your own machine and is not transmitted to Mergen's servers. On a paid plan you can also connect your machines to My Organization, the hosted Governance Console, under which blocked and flagged actions, approval decisions, machine metadata, and organization metadata are stored server-side, isolated per organization. See the Privacy Policy for exactly what stays on your machine and what My Organization receives, our subprocessors, and how to request access, export, or deletion of your data.

Intellectual property

Mergen is proprietary software. The Service, including the local runtime, CLI, IDE extensions, SDKs, and their source and object code, is owned by Mergen and is licensed, not sold; its source code is not published. Mergen and its logo are trademarks of Mergen. Subject to your compliance with these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Service for your own or your organization's internal purposes. Unless a separate written agreement with Mergen allows it, you may not:

• Copy, modify, distribute, sublicense, sell, or resell the Service or any part of it
• Offer the Service, or anything built from it, as a hosted or managed service to others
• Remove, bypass, or tamper with its license checks or plan limits

Third-party components included with the Service remain under their own licenses.

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 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 omer@mergen.app.