Terms & Conditions
These terms and conditions outline the rules and regulations for the use of Merging Innovation's Website and services. By accessing this website we assume you accept these terms and conditions.
Welcome to Merging Innovation. These terms and conditions outline the rules and regulations for the use of Merging Innovation's Website, located at https://merginginnovation.com, and of the services We provide.
1. Agreement to these terms
By accessing this website we assume you accept these terms and conditions. Do not continue to use Merging Innovation if you do not agree to take all of the terms and conditions stated on this page.
If We provide services to you under a separate written proposal, statement of work, or service agreement, that document governs the work itself. Where it conflicts with these terms, that document controls for the engagement it covers; these terms continue to apply to everything else.
2. Terminology
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
4. License
Unless otherwise stated, Merging Innovation and/or its licensors own the intellectual property rights for all material on Merging Innovation. All intellectual property rights are reserved. You may access this from Merging Innovation for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from Merging Innovation
- Sell, rent or sub-license material from Merging Innovation
- Reproduce, duplicate or copy material from Merging Innovation
- Redistribute content from Merging Innovation
This Agreement shall begin on the date hereof.
5. Our services
Merging Innovation is a studio offering three lines of service:
- Web design. Custom professional websites, offered either on a monthly subscription or as a one-time build.
- Custom web applications. Portals, dashboards, internal tools, SaaS MVPs and API integrations, quoted by project.
- Business AI services. AI Voice Receptionist, Local SEO and Google Maps ranking, and Google Reviews management, each priced separately.
Prices, inclusions and timelines shown on the Website are indicative and are confirmed in the written proposal We send You before work begins. We may change our published pricing at any time; a change does not affect an engagement already quoted or underway.
6. Website subscription plans
Subscription plans are billed monthly in advance and run month to month. There is no long-term contract and no early-termination penalty.
While Your subscription is active and paid, Your plan includes the items listed for that tier — which may include design, hosting, domain registration, content edits, and search optimization. Requests outside the scope of Your tier are quoted separately before We begin.
You may cancel at any time by giving Us 30 days' written notice by email. Your subscription remains active through the end of the notice period, and We do not refund partial months. We may also cancel with 30 days' notice.
What happens when a subscription ends. You own Your content, Your domain name, and the finished design of Your site. On request at cancellation, We will transfer the domain to a registrar account You control and provide an export of Your site files and content at no charge. Hosting, edits, support and any licensed third-party components included in the plan stop at the end of the notice period, and the hosted site will be taken offline at that time.
7. Custom projects and fixed-scope work
One-time website builds and custom web application projects are performed under a written proposal that states the scope, the price, and the timeline. We do not begin work until You have approved that proposal.
Work that falls outside the approved scope is a change request. We will tell You before doing it, quote it separately, and proceed only once You approve. Timelines assume You provide content, feedback and approvals within the timeframes set out in the proposal; delays on Your side move the delivery date accordingly.
Following launch We include 30 days of complimentary refinement covering fixes and small adjustments to the delivered scope. It does not cover new features, redesigns, or changes required by third-party platforms.
8. Business AI services
Our Business AI services depend on third-party platforms — including telephony providers, language model providers, Google Business Profile, and review platforms — that We do not own or control. Their availability, pricing, policies and behavior can change, and those changes may affect the service.
AI Voice Receptionist. The voice agent is an automated system. It can misunderstand a caller, and it is not a substitute for emergency services or for professional advice. You are responsible for the disclosures and consents that call recording requires in the jurisdictions Your callers are in. We will configure the service to support those disclosures.
Local SEO and Google Maps. Search rankings are determined by Google, not by Us. We apply established optimization practices and report on results, but We cannot and do not guarantee any particular ranking, placement, traffic volume, or lead volume.
Google Reviews management. We help You solicit and respond to genuine reviews from real customers. We will not write fake reviews, incentivize reviews in violation of a platform's policy, filter or gate negative feedback, or otherwise breach the terms of any review platform. We cannot remove a review a platform declines to remove.
9. The Love It Guaranteed promise
We stand behind our work. If You are not satisfied with the design We deliver, tell Us during the design review stage and We will revise it until it is right, or part ways and refund what You have paid toward the design, at Our discretion.
The guarantee covers the design and build We are responsible for. It does not cover third-party costs already incurred on Your behalf (domain registration, licensed assets, paid platform fees), work delivered and accepted, or dissatisfaction arising from content, materials or approvals You provided. To claim it, email Us within the review window stated in Your proposal.
10. Your responsibilities as a client
To deliver on time and on budget We need You to:
- Provide content, images, logos and information promptly and in a usable format.
- Warrant that You own or are licensed to use everything You give Us, and that it does not infringe anyone's rights.
- Give consolidated feedback and approvals within the timeframes in the proposal.
- Keep the credentials We share with You secure, and tell Us promptly if they are compromised.
- Ensure Your business, Your offers and Your claims comply with the laws and industry rules that apply to You.
You are responsible for the accuracy and legality of the content You publish through anything We build for You.
11. Payment terms
Subscription fees are charged monthly in advance on the anniversary of Your start date. Fixed-scope projects are invoiced 50% on approval of the proposal and the balance on delivery, unless Your proposal states a different schedule.
Invoices are due within 15 days. Overdue balances may accrue interest at 1.5% per month, or the maximum permitted by law if lower. If an account remains unpaid for 30 days past the due date, We may suspend services — including hosting and support — after giving You notice, and resume once the balance is cleared.
Fees are exclusive of any applicable taxes. Third-party costs We pay on Your behalf, such as domain registration or platform fees, are passed through to You.
12. Ownership and intellectual property
What You own. On full payment, You own the content You supplied, Your domain name, and the final deliverable We built for You — the site design, page content, and custom code written specifically for Your project. Clean code, clean handoff, no lock-in.
What We keep. We retain ownership of the underlying tools, frameworks, libraries, components and know-how We use across engagements, and We grant You a perpetual, non-exclusive license to use them as part of Your deliverable. Third-party components remain subject to their own licenses.
Portfolio rights. Unless You ask Us in writing not to, We may identify You as a client and display screenshots of the work in Our portfolio and marketing.
13. Third-party services and platforms
Our work relies on services We do not control — hosting providers, domain registrars, Google, payment processors, and API vendors. We are not responsible for their outages, policy changes, price increases, or discontinuation, and We are not liable for loss arising from them. Where a third-party service requires You to accept its own terms, those terms apply to You directly.
14. Hyperlinking to our content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Merging Innovation; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to dave@merginginnovation.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Merging Innovation's logo or other artwork will be allowed for linking absent a trademark license agreement.
15. iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
16. Content liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
17. Reservation of rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
18. Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
19. Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
20. Limitation of liability
To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, or loss of business opportunity, even if advised of the possibility.
Our total aggregate liability arising out of or relating to the services is limited to the amounts You paid Us for the services giving rise to the claim in the three months immediately preceding the event.
You agree to indemnify and hold Us harmless from claims arising out of content or materials You supplied, Your use of what We built, or Your breach of these terms.
21. Term and termination
Either party may end an engagement as set out in the applicable section above. We may suspend or terminate Your access to the Website or the services immediately if You breach these terms, fail to pay, or use the services unlawfully.
On termination, You remain responsible for amounts owed for work performed, and We will provide the handoff described in section 6 or in Your proposal. Sections covering payment, ownership, disclaimers, limitation of liability, and governing law survive termination.
22. Governing law
These terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any dispute arising under these terms will be brought exclusively in the state or federal courts located in Virginia, and both parties consent to that jurisdiction and venue.
If any provision of these terms is found unenforceable, the remaining provisions stay in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without Our written consent. Neither party is liable for delays caused by events outside its reasonable control.
23. Changes to these terms
We may revise these terms and conditions at any time by posting a revised version on this page and updating the "Last updated" date. Changes take effect when posted. Your continued use of the Website after that constitutes acceptance of the revised terms.
24. Text messaging (SMS) terms
These terms apply if You give Us Your mobile number and consent to receive text messages from Merging Innovation, whether by ticking the box on Our website, by agreeing in a signed service agreement, or verbally during onboarding.
What you are agreeing to
Conversational and customer-care messages. Merging Innovation sends text messages about an inquiry You submitted — replying to Your question, arranging a call, confirming appointments, and sharing updates on a project We are doing for You. Message frequency varies and depends on Your conversation with Us.
Lead notification alerts. If You have engaged Us for lead generation services, We send an alert to the mobile number You provided each time a new lead is generated for Your business. Each message identifies the lead type, the date and time received, the prospect's phone number, and a short note directing You to Your email for full details. One message is sent per lead. You consent to these alerts in Your service agreement and by providing Your mobile number during onboarding. Message frequency varies and depends on the volume of leads generated for Your business.
- Consent is not a condition of purchase. You can hire Us, get a quote, and work with Us without ever agreeing to texts.
- Message frequency varies and depends on Your conversation with Us. We do not send bulk promotional blasts.
- Message and data rates may apply under Your plan with Your mobile carrier.
- You must be the account holder for the number You provide, or have that person's permission.
Opting out and getting help
Reply STOP to any message to stop receiving texts from Us. You will get one confirmation message and then nothing further. You may also ask Us to remove Your number by email or phone.
Reply HELP for help, or contact Us at dave@merginginnovation.com or 571-601-4008.
Carriers and privacy
Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed and depends on Your carrier and device.
We do not sell Your personal information, and mobile opt-in data and consent are never shared with third parties for their own marketing. Data We share with the vendors who deliver messages on Our behalf is described in Our Privacy Policy.
25. Contact us
If you have any questions about these Terms and Conditions, you can contact us: