Please read these Terms of Service (“Terms”) carefully before using the Mech platform. By accessing or using Mech’s services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
These Terms constitute a legal agreement between you (“Customer,” “you,” or “your”) and Mech Software LLC, a Florida limited liability company (“Mech,” “we,” “us,” or “our”), located in Orlando, Florida, United States.
1. The Service
1.1 Overview
Mech provides a cloud-based customer support platform that enables businesses to manage customer communications through Live Chat, AI Agents, Self-Service portals, Help Centers, and related tools (collectively, the “Service”). The Service is hosted on Amazon Web Services (AWS) infrastructure located in the United States (US East region).
1.2 Provision of Service
Mech grants you a limited, non-exclusive, non-transferable right to access and use the Service during your active subscription, solely for your internal business purposes and in accordance with these Terms. You may permit your employees, agents, and authorized users (“Users”) to access the Service on your behalf, and you are fully responsible for their use of and compliance with these Terms.
1.3 Account Registration
To access the Service, you must create an account by providing accurate and complete information, including your full legal name, a valid business email address, and any other information requested during registration. You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Accounts created by automated means are not permitted.
1.4 Use Restrictions
You agree that you will not, and will not permit others to:
- Use the Service for any purpose other than as expressly permitted by these Terms
- Sell, resell, sublicense, distribute, rent, or lease the Service to any third party
- Modify, alter, tamper with, or create derivative works of the Service
- Use the Service to transmit malicious code, viruses, or harmful software
- Interfere with or disrupt the integrity or performance of the Service
- Attempt to gain unauthorized access to the Service or its related systems
- Use the Service in violation of any applicable law, regulation, or third-party rights
1.5 Third-Party Services and Integrations
The Service may integrate with third-party platforms and services, including but not limited to Shopify, Loop Returns, and others. Your use of those third-party services is governed by their respective terms and policies. Mech makes no representations or warranties regarding third-party services and is not responsible for their availability, accuracy, or content.
1.6 AI Features
Mech offers optional AI-powered features within the platform. Certain AI features require you to provide your own API credentials from third-party AI providers, which may include OpenAI, Anthropic, and Google (collectively, “AI Providers”). When you enable these features using your own API key, Mech processes requests on your behalf through your chosen AI Provider. You are responsible for compliance with your AI Provider’s terms of service. Mech does not store AI-generated conversation content beyond what is necessary to deliver the Service, and your data is processed in accordance with the applicable AI Provider’s data handling policies.
1.7 Free Trial
Mech may offer a 7-day free trial period to new customers. No credit card is required to start a free trial. Access during the trial period is provided “as-is” and Mech reserves the right to modify or terminate the trial at any time. Upon expiration of the trial, continued access to the Service requires a paid subscription.
1.8 Data Storage and Hosting
All Customer Data is stored and processed on Amazon Web Services (AWS) infrastructure located in the US East region. Mech implements commercially reasonable security measures to protect your data; however, no system is 100% secure, and Mech cannot guarantee the absolute security of data transmitted over the internet.
1.9 Unauthorized Use Notification
You must immediately notify Mech at [email protected] of any known or suspected unauthorized access to your account or any security incident related to the Service. You agree to cooperate with Mech in investigating and resolving any such incidents.
2. Data
2.1 Customer Data
You retain all ownership rights to the data you submit to or generate through the Service (“Customer Data”). You represent and warrant that you have all necessary rights to submit Customer Data to the Service and that doing so does not violate any applicable law or third-party rights.
Mech will access and use Customer Data only as necessary to provide the Service, comply with applicable law, or as otherwise permitted by these Terms. Mech may use anonymized and aggregated data derived from Customer Data to improve the Service and for internal analytics purposes.
2.2 Privacy
Mech’s collection and use of personal information is governed by our Privacy Policy, available at usemech.com/privacy-policy, which is incorporated into these Terms by reference.
2.3 Security
Mech uses Amazon Web Services (AWS) as its primary infrastructure and storage provider. AWS maintains accreditation under industry security standards including ISO 27001 and SOC 1/SOC 2. Mech implements reasonable administrative, technical, and physical safeguards to protect Customer Data. For more information, please visit the AWS Security Center at aws.amazon.com/security.
2.4 Data Retention and Deletion
You may export your Customer Data at any time during your active subscription. Upon cancellation or termination of your account, Mech will retain your Customer Data for up to 30 days, after which it will be permanently deleted from our systems. You are solely responsible for exporting any data you wish to retain before this period expires.
2.5 Mech Helpdesk SMS Policy
The Mech Helpdesk SMS solution allows customers to send a text message to their brand’s store, which will land in our helpdesk conversational area. From here, a support team member can review the content and write a response to the customer. The majority of answers will be related to their order, such as “Where is my order?” or “Can I exchange X for Y product.” All of which are transactional messages.
You can cancel the SMS service at any time. Just text “STOP” to the phone number. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1–3 messages depending on your question. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: usemech.com/privacy-policy.
3. Payment Terms
3.1 Subscription Fees
Access to the Service requires a paid monthly subscription. Subscription fees are charged on a monthly basis based on your selected plan. All fees are displayed on our Pricing page at usemech.com/pricing. Mech reserves the right to update pricing with reasonable advance notice.
3.2 Billing
Billing is processed through Shopify Billing (for merchants accessing Mech via the Shopify App Store) or Stripe (for direct subscriptions). By subscribing, you authorize Mech to charge your selected payment method on a recurring monthly basis. Your subscription will automatically renew each month until cancelled.
3.3 SMS Billing
If you enable SMS features within the Service, additional charges apply. SMS fees include a monthly phone number fee and a per-message charge based on usage. These charges are billed separately through Shopify Billing or Stripe, as applicable, and will appear on your monthly statement. SMS pricing is detailed on our Pricing page.
3.4 No Contracts or Termination Fees
Mech operates on a month-to-month basis only. There are no annual contracts, minimum commitments, or termination fees. You may cancel your subscription at any time.
3.5 Refund Policy
All subscription fees are non-refundable. Mech does not provide refunds or credits for partial months of service, unused features, or account cancellations. If you cancel your subscription, you will retain access to the Service through the end of your current billing period.
3.6 Delinquent Accounts
If any payment is past due, Mech reserves the right to suspend or terminate your access to the Service until all outstanding amounts are paid in full. Mech may also charge reasonable collection fees for unpaid balances.
3.7 Taxes
All fees are exclusive of applicable taxes. You are responsible for paying any sales, use, value-added, or other taxes imposed by applicable law in connection with your use of the Service, excluding taxes based on Mech’s net income.
4. Proprietary Rights
4.1 Ownership
Mech and its licensors retain all right, title, and interest in and to the Service, including all software, technology, trademarks, and intellectual property. Nothing in these Terms transfers any ownership rights in the Service to you. You retain all rights in your Customer Data.
4.2 Feedback
If you provide Mech with suggestions, ideas, or feedback regarding the Service (“Feedback”), you grant Mech a perpetual, irrevocable, worldwide license to use, incorporate, and commercialize that Feedback without compensation or attribution to you.
5. Confidentiality
5.1 Confidential Information
Each party may have access to the other party’s confidential or proprietary information (“Confidential Information”) in connection with these Terms. Confidential Information includes, but is not limited to, Customer Data, pricing, product roadmaps, technical documentation, and business plans.
5.2 Obligations
Each party agrees to: (a) protect the other’s Confidential Information with at least the same degree of care it uses for its own confidential information, but no less than reasonable care; (b) not use the other’s Confidential Information except as necessary to perform under these Terms; and (c) not disclose the other’s Confidential Information to any third party without prior written consent, except to employees or contractors who need to know and are bound by similar confidentiality obligations.
6. Warranties and Disclaimers
6.1 Mutual Warranties
Each party represents and warrants that it has full authority to enter into these Terms and that its performance hereunder does not violate any other agreement to which it is a party.
6.2 Mech Warranties
Mech warrants that the Service will perform materially in accordance with its documentation under normal use and circumstances during your active subscription period.
6.3 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.2, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MECH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MECH DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM SECURITY VULNERABILITIES.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY; AND (B) MECH’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MECH IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. Indemnification
You agree to defend, indemnify, and hold harmless Mech Software LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) your Customer Data; (c) your violation of any applicable law or third-party rights; or (d) any dispute between you and your end customers.
9. Term and Termination
9.1 Term
These Terms are effective from the date you first access the Service and remain in effect until your subscription is cancelled or terminated.
9.2 Cancellation by Customer
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds are issued for the remaining portion of any billing period.
9.3 Termination by Mech
Mech may suspend or terminate your access to the Service immediately upon written notice if: (a) you materially breach these Terms and fail to cure the breach within 10 days of written notice; (b) you fail to pay any amounts due; or (c) continued provision of the Service would violate applicable law.
9.4 Effect of Termination
Upon termination or cancellation, your right to access the Service will cease. Your Customer Data will be retained for 30 days following termination, after which it will be permanently deleted. Sections 4, 5, 6.3, 7, 8, 10, and 11 will survive termination.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Orange County, Florida. Both parties consent to the personal jurisdiction of such courts.
11. Changes to These Terms
Mech reserves the right to update or modify these Terms at any time. We will provide at least 30 days’ notice of material changes by posting the updated Terms on our website or by sending an email to the address associated with your account. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
12. General
These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and Mech regarding the Service and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. Mech’s failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. You may not assign these Terms or any of your rights hereunder without Mech’s prior written consent. Mech may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Mech Software LLC
Orlando, Florida, United States
[email protected]