Terms of Service

These Terms of Service (“Terms”) govern your use of merchly.io (the “Site”), which is operated by Karma Holdings LLC, a Virginia limited liability company doing business as Merchly (“Merchly,” “we,” “us,” or “our”). By using the Site, submitting a form, or opting in to our text messages, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

If you use the Site on behalf of a business, you represent that you are authorized to accept these Terms for that business.

Merchly is a registered Independent Sales Organization (ISO) of Commercial Bank of California (Irvine, CA). We are not a bank. Merchant accounts and payment processing services are provided by our sponsor bank and processing partners and are subject to their approval, underwriting, and agreements.

The Site is intended for businesses and individuals at least 18 years old who are located in the United States. You agree that the information you submit is accurate, belongs to you or your business, and that you are authorized to provide it — including any phone number you give us.

The savings calculator, sample statements, rate illustrations, and other figures on the Site are estimates for general information. They are not offers, quotes, or guarantees of pricing or savings. Your actual rates and fees depend on your business type, processing history, volume, risk profile, and underwriting.

The Site does not constitute a binding offer of services. A custom quote is not binding until your application is approved and you sign a merchant agreement. Comparisons with other providers reflect publicly available information at the time of writing and may not reflect their current terms. Guides and reference material, such as our ACH return code library, are general information and are not legal, financial, tax, or compliance advice.

Approval for a merchant account is at the sole discretion of our sponsor bank and processing partners and may require additional documentation, reserves, or other conditions. If you open an account, your merchant agreement and its incorporated terms govern the services. If those agreements conflict with these Terms, the merchant agreement controls.

When you submit a form, you ask us to contact you about your request, and we will reply by phone and email using the details you provide. We may also send you emails about Merchly's services; every marketing email includes an unsubscribe link.

To stop calls, tell us during a call or contact us using the details below, and we will add your number to our internal do-not-call list. Text messages are separate and optional — we only text you if you opt in, as described in the Text messaging terms.

These terms apply to the Merchly text messaging program. The program is registered for A2P 10DLC and follows the CTIA Messaging Principles and Best Practices and wireless carrier requirements.

• Program: Merchly sends text messages about your quote request, your merchant application and onboarding, and customer support.
• How you opt in: by checking the optional text message box on a form on the Site. The box is never pre-checked, you don't need to check it to get a quote, and consent to receive text messages is not a condition of purchase. We keep a record of your opt-in.
• Message frequency: message frequency varies based on your inquiry and account activity.
• Cost: message and data rates may apply, according to your mobile carrier plan.
• Opting out: reply STOP (or END, CANCEL, UNSUBSCRIBE, QUIT, or STOPALL) to any message. You can also opt out any other reasonable way, such as by email or phone. You will receive one confirmation message, and no further texts will be sent unless you opt in again.
• Help: reply HELP to any message, email support@merchly.io, or call (800) 492-7947.
• Carriers: mobile carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed.
• Changed numbers: if you change or give up the mobile number you provided, tell us so we stop texting it.
• Privacy: no mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Policy.

You agree not to:

• Use the Site for any unlawful, fraudulent, or deceptive purpose
• Submit false information, or information about another person or business without their authorization
• Use bots, scrapers, or other automated means to access the Site or submit forms
• Interfere with, disrupt, or attempt to gain unauthorized access to the Site, its servers, or its administration areas
• Copy, modify, or create derivative works of the Site except as these Terms allow

The Site and its content — including text, graphics, the Merchly name and logo, and the calculator — are owned by Merchly or its licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive license to view and use the Site for your own business purposes. Visa, Mastercard, American Express, Discover, and the names of other companies and platforms mentioned on the Site are trademarks of their respective owners and are used only to identify them; their use does not imply endorsement.

The Site may link to or integrate with third-party websites and services. We do not control them and are not responsible for their content, policies, or practices. Your use of them is at your own risk and subject to their terms.

The Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

To the fullest extent permitted by law, Merchly and its owners, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from or related to your use of the Site. Our total liability for any claim related to the Site will not exceed one hundred U.S. dollars ($100). Some jurisdictions do not allow these limitations, so they may not apply to you.

You agree to indemnify and hold harmless Merchly and its owners, employees, and partners from any claims, losses, and expenses, including reasonable attorneys' fees, arising from your misuse of the Site, your violation of these Terms, or information you submit.

These Terms are governed by the laws of the Commonwealth of Virginia and applicable U.S. federal law, without regard to conflict-of-law rules. Before filing a claim, you agree to contact us and try to resolve the dispute informally for at least 30 days. Any dispute that is not resolved informally will be brought only in the state or federal courts located in the Commonwealth of Virginia, and you consent to their jurisdiction.

We may update these Terms from time to time. When we do, we will change the effective date at the top of this page. Changes apply from that date, and your continued use of the Site means you accept them.

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms and our Privacy Policy are the entire agreement between you and Merchly about the Site; any merchant agreement you sign governs the services it covers.

Questions about these Terms? Our team is available 24/7/365:

• Email: support@merchly.io
• Phone: (800) 492-7947

Karma Holdings LLC, a Virginia limited liability company, doing business as Merchly