Terms of Service

Merchie · Last updated 2026-07-30

These Terms of Service ("Terms") form a binding agreement between you and Herrise LLC (d/b/a Merchie) ("Merchie", "we", "us", or "our") and govern your access to and use of any mobile application powered by the Merchie platform, related websites at merchie.app, and the supporting infrastructure (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Please read Section 20 carefully. It contains a binding arbitration agreement and a class-action waiver that affect your legal rights, with a 30-day opt-out right.

1. About Merchie and the Apps We Power

Merchie is a software platform operated by Herrise LLC, a Delaware limited liability company. Merchie provides white-labeled loyalty and rewards mobile apps to local businesses (each, a "Merchant") such as med spas, salons, aesthetic clinics, and similar service providers. Each app on the Merchie platform is branded for an individual Merchant. The services, products, prices, bookings, and rewards offered through the App are controlled by the Merchant; the technology, hosting, payments infrastructure, push notifications, and account management are operated by Merchie. These Terms apply to all apps on the Merchie platform.

2. Eligibility

You must be at least 16 years old to use the Service. If you are between 16 and the age of majority where you live, you may only use the Service with the involvement and consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements and that you are not barred from using the Service under applicable law.

3. Your Account

To use most features of the Service, you must create an account using accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at herrisellc@gmail.com if you suspect unauthorized access. We may suspend or terminate accounts that we believe are fraudulent, abusive, or in violation of these Terms.

4. SMS Verification and Marketing Consent

Verification texts. When you create your account, you authorize us to send a one-time verification code by SMS to the phone number you provide, to confirm you control that number. These transactional messages are sent regardless of your marketing preferences. Standard message and data rates from your carrier may apply.

Marketing texts (optional, opt-in only). Separately, and only if you expressly opt in — by checking the “Text me deals & offers” box when you sign up, or by turning on the “Text me deals & offers” toggle under Settings → Notifications — you agree to receive recurring automated marketing text messages (such as offers, loyalty rewards, reminders, and win-back discounts) from the business whose app you opted in through, at the number on your account. This SMS marketing consent is separate from push notifications and is off by default, and is recorded per customer. Message frequency varies. Consent is not a condition of any purchase. Message and data rates may apply. You may opt out at any time by turning the toggle off in the app or replying STOP to any message; reply HELP for help. Carriers are not liable for delayed or undelivered messages. We text you only about the business whose app you opted in through — never marketing for an unaffiliated third party, advertiser, or affiliate — and we do not share, sell, or rent your mobile number or SMS opt-in data to third parties or affiliates for marketing, as described in our Privacy Policy. The complete terms of this messaging program, including the program name, supported carriers, and every opt-out keyword, are in the SMS Terms & Conditions, which are linked directly beneath the consent checkbox at the point of opt-in. This program is operated consistent with the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and applicable carrier requirements.

5. Push Notifications and Email

If you grant your device's notification permission, we send push notifications about your account and your Merchant's services — including booking confirmations, reward updates, and announcements from the Merchant whose app you use (for example, when the Merchant launches a new offer). You can stop push notifications at any time by disabling them in your device settings. We may also send you emails about your account. You can unsubscribe from promotional emails at any time using the unsubscribe link in any email; you may continue to receive transactional emails (such as receipts and booking confirmations) as long as you have an account.

6. Loyalty Points, Cash Credits, Gift Cards, and Rewards

• Points, rewards, and promotional cash credits issued through the Service are promotional and have no cash value outside the Service.
• They are non-transferable and may not be sold, exchanged, redeemed for cash, or assigned to another person except as expressly permitted.
• Points, promotional rewards, and promotional cash credits may have expiration dates or other limitations, which will be communicated when the points, reward, or credit is granted.
• Gift cards purchased with money are subject to applicable law, including the federal CARD Act of 2009 and state unclaimed-property and gift-card laws. Purchased gift cards do not expire and are not subject to dormancy, inactivity, or service fees except as permitted by law.
• Purchased value stays purchased value. If you redeem a purchased gift card into your account balance, that redeemed value remains purchased stored value: it does not expire, it is not forfeited if your account is suspended or terminated, and it retains the state-law cash-back rights described below. Where your balance contains both purchased value and promotional credits, promotional terms (expiration, forfeiture) apply only to the promotional portion.
• State law cash-back rights. If you reside in California, Colorado, Maine, Massachusetts, Montana, New Jersey, Oregon, Rhode Island, Vermont, or Washington, state law gives you the right to request a cash refund of your remaining gift card or store-credit balance when it falls below your state's threshold (currently $10 in CA; $5 in CO, ME, MT, NJ, OR, WA; $1 in RI and VT; less than 10% of original face value in MA). To exercise this right, request the cash refund in person at the Merchant location; the Merchant operator can process the cashout from inside the Service. Other states may have additional rights — contact the Merchant or Herrisellc@gmail.com if your state is not listed.
• Referral program. Where the Merchant offers a referral program, you may earn promotional points when a new customer creates an account using your referral code and, where offered, when they complete a qualifying first purchase. Referral rewards are promotional points governed by this Section 6. You may not refer yourself, create accounts for others, or use false identities to earn referral rewards; we may reverse rewards obtained through fraud or abuse.
• Earning points for reviews and social media posts. Some Merchants let you earn points for leaving a review on Google or for following, tagging, or posting about the Merchant on social media. Points are awarded for honest reviews and posts regardless of the rating or sentiment you express. Because points are something of value, the FTC's Endorsement Guides require you to clearly disclose that you received a reward when you post — for example, by including “#ad” or “I earned rewards points for this post.” You are responsible for including that disclosure. Reviews and posts must reflect your genuine experience; we may withhold or reverse points for fake, misleading, or plagiarized content.
• We reserve the right to modify, expire, void, or terminate any points, promotional reward, promotional credit, or promotion at any time, including in cases of fraud, abuse, error, or violation of these Terms.
• If your account is terminated for cause (fraud, abuse, or violation of these Terms), any unused points, promotional rewards, and promotional cash credits are forfeited.
• Account deletion is permanent. If you delete your account, unused points, promotional rewards, promotional cash credits, and membership benefits are forfeited at deletion (purchased gift cards that have not been redeemed into a deleted account remain governed by the gift-card terms above), and any active membership subscription is cancelled. If you later create a new account — even with the same email address or phone number — it starts fresh; prior balances and history cannot be restored.

7. Bookings, Purchases, and Payments

Bookings, products, and services offered through the App are provided by the relevant Merchant and are subject to that Merchant's booking, cancellation, refund, no-show, and pricing policies. You authorize the Merchant and Merchie (as the platform that operates the Merchant's payments) to charge your payment method for confirmed bookings, purchases, memberships, and other amounts you owe.

Card payments are processed by Stripe, Inc. on Merchie's Stripe platform account and settled to the Merchant's connected Stripe account. By making a payment, you also agree to Stripe's Connected Account Agreement and Services Agreement, available at stripe.com/legal. We do not see or store your full card number or CVV; Stripe handles all card data. The descriptor on your card statement may reference the Merchant, Merchie, or both — if you don't recognize a charge, check your in-app purchase history or contact the Merchant before disputing it.

Pay-over-time financing (buy now, pay later). Some Merchants let you pay with a financing provider such as Klarna, Affirm, or Afterpay (offered through Stripe). Financing is a credit product offered by that provider — not by Merchie or the Merchant — and is subject to the provider's own terms, privacy policy, eligibility rules, and credit approval. The provider (not the Merchant) sets your repayment schedule and collects your payments; missing a payment may result in fees charged by the provider or affect your credit. When you choose financing at checkout, we share your name, email address, billing country, and transaction details with the provider so it can make its credit decision (see our Privacy Policy).

Cherry financing. Some Merchants offer financing through Cherry Technologies, Inc. and its bank partners. If you tap “Apply with Cherry,” you will leave the App and submit a credit application directly to Cherry on Cherry's website, under Cherry's own terms and privacy policy. Merchie does not receive or store your Cherry application; approval decisions and financing terms are made entirely by Cherry, and your purchase is completed separately with the Merchant.

8. Memberships and Auto-Renewing Subscriptions

If you purchase a membership or other recurring subscription, you authorize the Merchant (through Merchie's payments infrastructure) to charge your saved payment method on a recurring basis (for example, monthly or annually) until you cancel. The billing frequency, amount, and any free or introductory period will be disclosed to you in a clear and conspicuous manner before you complete the purchase, in compliance with state automatic-renewal laws (including California's Automatic Renewal Law, New York General Business Law § 527-a, and similar).

How to cancel. If the Merchant has enabled in-app cancellation for your membership, you can cancel at any time from your profile in the App. For all memberships, you can also cancel by contacting the Merchant directly — in person, by phone, or by email — and the Merchant will process your cancellation promptly. Unless otherwise stated at signup, cancellation takes effect at the end of the then-current billing period, and you keep your member benefits — including any unused included-treatment credits — through the end of the period you have already paid for.

Minimum commitments. Some memberships include a minimum commitment period, which will be disclosed clearly before you complete your purchase. If your membership has a minimum commitment, your cancellation takes effect at the end of the commitment period; earlier termination is available only where the Merchant agrees or applicable law requires it.

When your membership ends. Member pricing, points multipliers, and other member benefits end when your membership ends. Refunds for subscriptions, where available, are governed by the Merchant's refund policy.

9. Refunds and Cancellations

Refund, return, exchange, and cancellation requests are decided by the relevant Merchant in accordance with the Merchant's published policies, applicable law, and the terms communicated at the time of purchase. Approved refunds are processed back to your original payment method through Merchie's payments infrastructure. If you have a refund dispute with a Merchant that cannot be resolved, contact us at herrisellc@gmail.com and we will use reasonable efforts to assist.

10. User Content

If you upload photos, reviews, profile information, or other content ("User Content") to the Service, you represent and warrant that: (a) you own or have all necessary rights to that content; (b) the content does not violate any law or any third party's rights; and (c) the content is not defamatory, obscene, harassing, or otherwise objectionable. You grant Merchie and the relevant Merchant a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, modify (for technical purposes such as resizing), distribute, and use the User Content solely for the purpose of operating and improving the Service. You can remove User Content from your account at any time. We may remove User Content that violates these Terms or applicable law.

11. Acceptable Use

You agree not to:

• Use the Service for any unlawful, harmful, or fraudulent purpose.
• Attempt to access another user's account or interfere with the Service or its security.
• Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the Service, except to the limited extent that applicable law expressly permits despite this limitation.
• Use the Service to send spam, harass, defame, abuse, threaten, or harm other users.
• Probe, scan, or test the Service or any connected network for vulnerabilities without our prior written consent.
• Use bots, scrapers, or other automated means to access or extract data from the Service.
• Submit false, misleading, or fraudulent information, or impersonate another person or entity.
• Use the Service to violate any export-control or sanctions law of the United States or any other applicable jurisdiction.
• Circumvent any rate limits, fraud controls, or technical measures designed to protect the Service.

Violations may result in suspension or termination of your account, removal of User Content, and, where appropriate, referral to law enforcement.

12. Intellectual Property

The Service — including its software, code, design, look and feel, user interface, graphics, logos, trademarks, service marks, and content — is owned by Merchie, the relevant Merchant, and their respective licensors and is protected by copyright, trademark, and other intellectual property laws of the United States and other countries. The Merchie name and logo are trademarks of Herrise LLC. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for your personal, non-commercial purposes. All rights not expressly granted are reserved.

13. DMCA / Copyright Infringement Notice

If you believe that User Content on the Service infringes your copyright, please send a notice of claimed infringement to our designated agent under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. The notice must include:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it.
• Your contact information (address, telephone, email).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Send DMCA notices to herrisellc@gmail.com. We respond to valid notices in accordance with the DMCA, including by removing or disabling access to allegedly infringing material and terminating repeat infringers' accounts where appropriate.

14. App Store Terms (Apple-Specific)

If you obtained the App from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and Merchie (and the relevant Merchant), not with Apple. Apple is not responsible for the App or its content.
• Your license to use the App on an Apple device is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever.
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, or claims arising under consumer protection or similar legislation.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App or your use of the App infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

15. Google Play Terms (Android-Specific)

If you obtained the App from Google Play, you also agree to comply with the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App or for providing maintenance or support.

16. Third-Party Services

The Service relies on third-party services to operate — including Stripe (payments), Supabase (hosting and data), Twilio (text messages), Resend (email), Apple, Google, Firebase, and Expo (app distribution and notifications); financing providers such as Klarna, Affirm, Afterpay, and Cherry where the Merchant offers them; AI infrastructure providers such as OpenRouter and the AI model providers it routes to, where the Merchant enables AI features; and Apify (verification of public social posts for social rewards). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for the practices of third parties.

16A. AI Features

The App may include AI-powered features, such as an AI advisor chat and an optional AI skin analysis. These features generate responses and treatment suggestions using artificial-intelligence models operated by third-party providers. AI output is machine-generated: it may be inaccurate, incomplete, or inapplicable to you, and it is provided for informational and cosmetic-guidance purposes only. AI features do not provide medical advice, diagnosis, or treatment, and no AI output creates a provider-patient relationship. Any decision about an actual treatment or service is made between you and the Merchant's qualified personnel. If you choose to use AI skin analysis, you may submit a selfie; submit only photos of yourself. Photos are analyzed once to generate cosmetic suggestions and are not stored (see our Privacy Policy for details). We may modify, suspend, or discontinue AI features at any time.

17. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE — INCLUDING ANY AI-GENERATED CONTENT — IS NOT A MEDICAL DEVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MERCHIE, THE RELEVANT MERCHANT, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MERCHIE (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

19. Indemnification

You agree to indemnify, defend, and hold harmless Merchie, the relevant Merchant, and their respective affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any rights of another, including intellectual property rights; or (d) any User Content you submit.

20. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this Section carefully. It affects your rights.

If you are located in the United States, you and Merchie agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration, except that: (a) either party may bring an individual action in small-claims court for Disputes within its jurisdiction; and (b) either party may seek injunctive or equitable relief in court to protect intellectual property rights.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. The arbitration will be conducted in the English language. If the value of the Dispute is $10,000 or less, the arbitration will be conducted by documents only unless either party requests an in-person or telephonic hearing. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

30-Day Opt-Out. You may opt out of this arbitration provision within 30 days of first accepting these Terms by either of the following methods, both of which produce an opt-out of equal legal effect:

1. In-app / web (recommended): open the App, go to Profile → Settings → Legal → Opt out of arbitration, and confirm. We record the opt-out immediately and email you a confirmation receipt for your records.
2. By email: send written notice to herrisellc@gmail.com with the subject line "Arbitration Opt-Out" from the email address associated with your Account. We will record the opt-out and reply confirming.

If you opt out, neither party will be required to arbitrate Disputes; the rest of these Terms remain in effect.

If the class-action waiver above is held unenforceable, the entire arbitration provision will be unenforceable, and the Dispute will be resolved in the courts identified in Section 23. If any other portion of this Section is held unenforceable, the unenforceable portion will be severed and the remainder will remain in effect.

21. Termination

We may suspend or terminate your account or your access to the Service at any time, with or without notice, including for violation of these Terms, suspected fraud, non-payment, or to comply with law. You may delete your account at any time from within the App or by contacting herrisellc@gmail.com. Account deletion is permanent and cannot be undone — see Section 6 for what happens to points, credits, and memberships, and our Privacy Policy for what happens to your data. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and the general provisions in Section 24) will survive.

22. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be communicated through the App, by email, or by a prominent notice posted in the Service at least 14 days before they take effect, except where a shorter period is required by law. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service.

23. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 20 (Dispute Resolution), any action not subject to arbitration must be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and we consent to the personal jurisdiction of those courts.

24. General

• Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on the same subject matter.
• Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect.
• No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Any waiver must be in writing.
• Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or otherwise to a successor in interest.
• Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, network outages, pandemics, labor disputes, or government action.
• No agency. No agency, partnership, joint venture, or employment relationship is created between you and us as a result of these Terms.
• Notices. We may give notices to you through the Service, by email to the address on file, or by other reasonable means. Notices to us must be sent to herrisellc@gmail.com.
• Electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
• Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
• Export controls. You agree to comply with all U.S. and foreign export-control and sanctions laws applicable to your use of the Service.

25. Contact

Questions about these Terms? Contact:

• Herrise LLC (d/b/a Merchie)
• Email: herrisellc@gmail.com
• State of formation: Delaware, United States