Terms of Service

1. Acceptance of Terms

By installing, accessing, or using SmartMerge AI ("Service," "Add-on"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," "your") and SmartMerge AI ("SmartMerge AI," "we," "us," "our").

2. Description of Service

SmartMerge AI is a Google Workspace Add-on for Google Sheets that:

• Merges spreadsheet data with Google Doc templates to create personalized documents.
• Optionally generates AI-personalized content using Google's Gemini API.
• Exports merged documents as Google Docs or PDFs.
• Sends merged documents via email (Pro feature).
• Automates merges via form submission triggers (Pro feature).

The Service operates within Google Workspace and requires a Google account.

3. Eligibility

To use the Service, you must:

• Be at least 13 years of age (or the minimum age required in your jurisdiction).
• Have a valid Google account.
• Have the authority to agree to these Terms (if using on behalf of an organization).

If you are using the Service on behalf of an organization (such as a school, business, or employer), you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

4. Account and Access

4.1. Google Account

The Service authenticates through your Google account. You are responsible for:

• Maintaining the security of your Google account credentials.
• All activities that occur under your account.
• Complying with Google's Terms of Service.

4.2. Authorization

When you first use SmartMerge AI, you will be prompted to authorize specific permissions. By authorizing, you grant us permission to:

• Access spreadsheets where the add-on is installed.
• Access Google Drive files you explicitly select.
• Send emails on your behalf (if you enable email features).
• Connect to Google's Gemini API (if you enable AI features).

You can revoke these permissions at any time through your Google Account settings.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

5.1. Prohibited Uses

You agree NOT to:

• Use the Service to violate any applicable law or regulation.
• Use the Service to send spam, unsolicited emails, or harassing communications.
• Use the Service to process or transmit malware, viruses, or harmful code.
• Attempt to gain unauthorized access to the Service or its related systems.
• Reverse engineer, decompile, or disassemble the Service.
• Use the Service to infringe on intellectual property rights of others.
• Use the Service in a way that could damage, disable, or impair Google's services.
• Use AI Personalization to generate content that is illegal, harmful, hateful, or violates Google's Generative AI Prohibited Use Policy.

5.2. Content Responsibility

You are solely responsible for:

• The content of your spreadsheets and templates.
• The AI prompts you create and the content they generate.
• Any emails sent using the Service.
• Compliance with applicable privacy laws when processing personal data (including student data).

6. Intellectual Property

6.1. Our Intellectual Property

SmartMerge AI and its original content, features, and functionality are owned by SmartMerge AI and are protected by international copyright, trademark, and other intellectual property laws.

6.2. Your Content

You retain all rights to your spreadsheet data, document templates, and generated documents. By using the Service, you grant us a limited license to access and process your content solely for the purpose of providing the Service.

6.3. Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use this feedback without restriction or compensation to you.

7. Service Tiers and Pricing

7.1. Free Tier

The Free tier includes:

• Unlimited document merges.
• 50 AI personalizations per month.
• PDF export.
• Smart field mapping.
• Community support.

7.2. Pro Tier

The Pro tier ($9.99/month or $99/year) includes:

• Everything in Free.
• 1,000 AI personalizations per month.
• Email with attachments.
• Form submit triggers.
• Priority support (24-hour response).

7.3. Education Tier

The Education tier ($499/year) includes:

• Everything in Pro.
• Unlimited AI personalizations.
• Unlimited users within a school domain.
• Shared template library.
• Admin dashboard.
• Dedicated support.

7.4. Pricing Changes

We reserve the right to modify pricing at any time. Changes will not affect current subscription periods. We will provide 30 days' notice for price increases.

8. Payment and Billing

8.1. Subscriptions

• Pro and Education subscriptions are billed in advance on a monthly or annual basis.
• Subscriptions automatically renew unless cancelled before the renewal date.
• You may cancel your subscription at any time through your account settings.

8.2. Refunds

• Monthly subscriptions: No refunds for partial months.
• Annual subscriptions: Pro-rated refund available within the first 30 days if you are unsatisfied.
• Contact info@getsmartmerge.com for refund requests.

8.3. Payment Processing

Payments are processed through secure third-party payment processors. We do not store your credit card information.

9. AI Personalization Terms

9.1. AI Feature Description

The AI Personalization feature uses Google's Gemini API to generate personalized content based on your prompts and spreadsheet data.

9.2. AI Usage Limits

• Free tier: 50 AI personalizations per month.
• Pro tier: 1,000 AI personalizations per month.
• Education tier: Unlimited AI personalizations.
• Usage resets on the first of each calendar month.

9.3. AI Content Disclaimer

• AI-generated content is provided "as is" without warranty.
• You are responsible for reviewing AI-generated content before use.
• AI may occasionally produce inaccurate, biased, or inappropriate content.
• We are not responsible for any consequences arising from the use of AI-generated content.

9.4. Google Gemini Terms

Use of AI Personalization is subject to Google's Generative AI Terms of Service and Prohibited Use Policy.

10. Privacy

Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and protect your data.

Key points:

• We use the narrow drive.file scope (not full Drive access).
• Your spreadsheet and document data stays within Google's infrastructure.
• We do not store your Personal Data on our servers.
• AI prompts with merged data are sent to Google's Gemini API when AI is enabled.

11. Third-Party Services

The Service integrates with third-party services:

11.1. Google Workspace

• The Service operates within Google Sheets and Google Docs.
• Your use of Google Workspace is subject to Google's Terms of Service.

11.2. Google Gemini API

• AI Personalization uses Google's Gemini API.
• Use is subject to Google's Generative AI Terms.

We are not responsible for the availability, accuracy, or content of third-party services.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY.
• FITNESS FOR A PARTICULAR PURPOSE.
• NON-INFRINGEMENT.
• ACCURACY OR RELIABILITY OF RESULTS.

We do not warrant that:

• The Service will meet your requirements.
• The Service will be uninterrupted, timely, secure, or error-free.
• Results obtained from the Service will be accurate or reliable.
• Any errors in the Service will be corrected.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTMERGE AI SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, data, use, goodwill, or other intangible losses.
• Damages resulting from unauthorized access to your data.
• Damages resulting from interruption or cessation of the Service.
• Damages resulting from third-party services or content.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify and hold harmless SmartMerge AI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Content you create, process, or distribute using the Service.

15. Termination

15.1. Termination by You

You may stop using the Service at any time by:

• Uninstalling the add-on from Google Sheets.
• Revoking permissions through your Google Account settings.
• Cancelling your subscription (if applicable).

15.2. Termination by Us

We may suspend or terminate your access to the Service:

• For violation of these Terms.
• For non-payment (Pro/Education tiers).
• If required by law.
• If we discontinue the Service (with reasonable notice).

15.3. Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately.
• Documents you created remain in your Google Drive.
• We are not obligated to retain any of your data.
• Provisions that should survive termination will survive (including Sections 6, 12, 13, 14, 16).

16. Dispute Resolution

16.1. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

16.2. Informal Resolution

Before filing a formal dispute, you agree to contact us at info@getsmartmerge.com to attempt to resolve the dispute informally.

16.3. Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware or remotely at your election.

16.4. Class Action Waiver

You agree to resolve disputes with us individually and waive any right to participate in a class action lawsuit or class-wide arbitration.

16.5. Exceptions

The following disputes are not subject to arbitration:

• Claims for injunctive relief.
• Claims related to intellectual property.
• Small claims court actions (if eligible).

17. Changes to Terms

We may modify these Terms at any time. When we make changes:

• We will update the "Last Modified" date.
• For material changes, we will provide notice through the Service or via email.
• Your continued use after changes constitutes acceptance.

If you do not agree to the modified Terms, you must stop using the Service.

18. General Provisions

18.1. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and SmartMerge AI regarding the Service.

18.2. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

18.3. Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

18.4. Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

18.5. Force Majeure

We are not liable for delays or failures resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, or government actions.

19. Contact Information

For questions about these Terms of Service:

Email: info@getsmartmerge.com

For support inquiries:

Email: info@getsmartmerge.com
Help Center: getsmartmerge.com/help

Additional Resources

• Privacy Policy
• Help Center
• Google Workspace Marketplace Listing