Terms of Service
Last updated: August 27, 2026
These Terms of Service (“Terms”) are a binding agreement between you and Gideon Trajman, an individual doing business as “Merlyn Portal” (“Merlyn Portal”, “we”, “us”, “our”), governing your use of merlynportal.com and the Merlyn Portal application (the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and accounts
You must be at least 18 and able to form a binding contract. You are responsible for all activity under your account and for keeping your credentials secure. Notify us promptly at privacy@merlynportal.com of any unauthorized use. You must provide accurate information and keep it current.
2. The Service
Merlyn Portal is a tool for digitizing and tracking jewelry “job bags,” including uploading photos, using automated image recognition to suggest field values, attaching files, tracking a manufacturing checklist, searching records, and exporting labels. The Service is provided on an “as is” and “as available” basis. We may add, change, suspend, or discontinue any part of the Service at any time.
3. Your content
You retain all rights to the data, photos, files, and other materials you submit (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to resize images and generate thumbnails and labels), transmit to our service providers, and display Your Content solely to operate and provide the Service to you and as described in the Privacy Policy. This license ends when you delete Your Content or close your account, except for residual copies in backups or provider logs that are overwritten in the ordinary course.
You represent and warrant that:
- you own or have all rights necessary to submit Your Content and grant this license;
- Your Content, and our use of it as permitted here, does not infringe or violate any third party’s intellectual property, privacy, publicity, or other rights, or any law; and
- if Your Content contains personal information about any person other than you (such as your customers), you have all rights, consents, and lawful bases required to provide it to us and to have us process it to provide the Service.
4. Automated features; accuracy not guaranteed
The Service uses automated image recognition (including Google’s Gemini API) to extract and suggest information from photos. These outputs are frequently inaccurate or incomplete. They are suggestions only. You are solely responsible for reviewing, correcting, and verifying all information before relying on it. We are not responsible for any error, omission, or misinterpretation in automatically generated content, labels, or search results, or for any decision or action you take based on the Service.
5. Acceptable use
You agree not to:
- use the Service unlawfully or to store unlawful content;
- upload content you do not have the rights to;
- upload malware or attempt to breach, probe, or disrupt the Service or its infrastructure;
- access another user’s data;
- reverse engineer or scrape the Service except as permitted by law;
- resell or provide the Service to third parties without our written permission; or
- use the Service to build a competing product.
We may investigate and take any action we consider appropriate, including removing content and suspending or terminating accounts.
6. Fees
The Service is currently offered free of charge. We may introduce fees for some or all features in the future; if we do, we will give you notice and you may choose whether to continue. Any paid features will be governed by additional terms presented at that time.
7. Intellectual property
The Service, including its software, design, text, and branding (excluding Your Content), is owned by us or our licensors and is protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms. No other rights are granted.
8. Third-party services
The Service relies on third-party providers (including Supabase, Google, Vercel, and Cloudflare). Your use of the Service may also be subject to those providers’ terms. We are not responsible for third-party services, and their acts, omissions, outages, or changes are outside our control.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF DATA LOSS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF ANYTHING IMPORTANT.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
- OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).
- THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN US.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
11. Indemnification
You will defend, indemnify, and hold harmless Merlyn Portal and its operator from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms or any law; or (d) any claim by a third party (including your customers or any person whose personal information you submitted) relating to Your Content or your handling of their information.
12. Binding arbitration; class-action waiver
Please read this section carefully. It affects how disputes are resolved.
Informal resolution first. Before starting arbitration, you agree to email privacy@merlynportal.com with a description of the dispute and give us 30 days to try to resolve it informally.
Arbitration. Any dispute, claim, or controversy arising out of or relating to the Service or these Terms that is not resolved informally will be resolved by binding individual arbitration administered by a recognized arbitration provider under its consumer or commercial rules, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be seated in New York, or conducted by video or telephone at the arbitrator’s discretion. The arbitrator decides all issues, except that a court decides the enforceability of this section. Judgment on the award may be entered in any court with jurisdiction.
Class-action and jury-trial waiver. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.
30-day opt-out. You may opt out of this Section 12 by emailing privacy@merlynportal.com within 30 days of first accepting these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
13. Governing law and venue
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and by applicable U.S. federal law (including the Federal Arbitration Act). Subject to Section 12, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in New York, and you consent to their jurisdiction.
14. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, including for violation of these Terms or to protect the Service or others. On termination, your right to use the Service ends. Sections that by their nature should survive — including Section 3 (final paragraph), and Sections 4, 7, and 9–15 — survive termination.
15. General
These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect and the unenforceable provision is modified to the minimum extent necessary. 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. We may update these Terms; if we make material changes we will update the “Last updated” date and, where appropriate, notify you, and your continued use means you accept the changes.