Legal
Terms of Service & Acceptable Use Policy
These Terms of Service (“Terms”) govern your access to and use of the websites, software, applications, platforms, tools, messaging programs, and services (collectively, the “Services”) provided by Digital Merge Solutions.
Digital Merge Solutions provides a customer engagement, CRM, automation, messaging, analytics, and AI-enabled software platform.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
1.Eligibility & Account Registration
You must be at least 18 years old and legally capable of entering into a binding contract to use the Services.
When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain the security of your login credentials
- Accept responsibility for all activity conducted under your account
You are responsible for ensuring that all users, sub accounts, and end users under your account comply with these Terms.
2.Platform Role & Data Responsibility
Digital Merge Solutions operates as:
- A software platform provider
- A data processor for Client-controlled end-user data
- A data controller for its own operational, billing, and administrative data
If you are a business or organization using the platform (“Client”), you are solely responsible for:
- Lawful collection and use of personal data
- Obtaining all necessary consents (including SMS, email, and voice)
- Compliance with privacy, marketing, and communications laws
- Maintaining proper records of user consent and opt-ins
- Honoring opt-out requests and maintaining do-not-contact lists
3.License & Permitted Use
Subject to these Terms, Digital Merge Solutions grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for lawful business purposes.
Permitted uses include:
- Customer relationship management
- Marketing automation and communications
- Lead generation and contact management
- Appointment scheduling and workflow automation
- AI-powered customer engagement
4.Prohibited Uses & Acceptable Use Policy
You agree NOT to use the Services to:
- Violate any local, state, national, or international law
- Send unsolicited messages (spam) or communications without proper consent
- Engage in phishing, fraud, or deceptive practices
- Transmit malware, viruses, or harmful code
- Harass, threaten, or abuse any person
- Impersonate any person or entity
- Infringe intellectual property rights
- Collect or harvest data without authorization
- Interfere with or disrupt the Services or servers
- Attempt unauthorized access to any part of the Services
- Use automated systems to access the Services in a manner that sends more request messages than a human can reasonably produce
- Resell, sublicense, or redistribute the Services without authorization
5.Messaging & Communications Compliance
When using messaging features (SMS, MMS, email, voice, WhatsApp), you must:
- Obtain proper consent before sending messages
- Comply with TCPA, CAN-SPAM, CTIA guidelines, and all applicable laws
- Include clear opt-out mechanisms (e.g., STOP, UNSUBSCRIBE)
- Honor opt-out requests immediately
- Maintain accurate records of consent
- Not send messages to numbers on do-not-call registries without proper exemption
- Provide accurate sender identification
AI Assistant Conversations
Notice: When you interact with our AI voice assistants or live chat AI assistants, you acknowledge and agree that:
- Your conversations will be recorded and documented
- Conversation data may be used to train and improve our AI models and services
- We may use conversation data to understand your needs and identify service requirements
- We may contact you based on information gathered during AI assistant interactions if you have expressed interest in or requested our services
- Conversations may be reviewed for quality assurance and compliance purposes
By engaging with our AI assistants, you consent to these terms. If you do not agree to have your conversations recorded and used as described, please contact us through alternative methods such as direct email or phone.
Important: Violations of messaging laws may result in significant fines and penalties. You are solely responsible for ensuring your use of messaging features is compliant.
6.Payment Terms
If you subscribe to a paid plan:
- You agree to pay all fees according to the pricing plan you selected
- Fees are billed in advance on a recurring basis (monthly or annually)
- All fees are non-refundable unless otherwise stated
- You authorize us to charge your payment method automatically
- You are responsible for providing accurate billing information
- We may modify pricing with advance notice
- Failure to pay may result in suspension or termination of your account
7. Data Ownership & Backup
Your Data: You retain all rights to data you upload or create in the Services.
Our Rights: You grant us a limited license to process, store, and transmit your data solely to provide the Services.
Backups: While we implement reasonable backup procedures, you are responsible for maintaining your own backups of critical data.
8. Service Availability & Support
We strive to maintain high availability but do not guarantee uninterrupted access. The Services are provided “as is” and “as available.”
We may:
- Perform scheduled maintenance with advance notice
- Make emergency updates without notice
- Modify or discontinue features with reasonable notice
9. Termination
By You: You may terminate your account at any time through the platform settings.
By Us: We may suspend or terminate your account if:
- You violate these Terms
- You fail to pay fees
- Your use poses a security or legal risk
- We are required to do so by law
Upon termination, your access will cease and data may be deleted according to our retention policies.
10. Intellectual Property
The Services, including all software, designs, text, graphics, and trademarks, are owned by Digital Merge Solutions or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without written permission.
11. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Services will be error-free, secure, or uninterrupted.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL MERGE SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION. Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.
13. Indemnification
You agree to indemnify and hold harmless Digital Merge Solutions from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any rights of others.
14. Modifications to Terms
We may update these Terms periodically. Changes will be posted with a revised effective date. Continued use of the Services after changes constitutes acceptance of the updated Terms.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the jurisdiction in which Digital Merge Solutions operates, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.
16. Contact Information
For questions about these Terms, please contact:
Digital Merge Solutions
info@digitalmergesolutions.com
Serving businesses across Canada and all over the world
ACKNOWLEDGMENT: By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
Billing transparency
Your Subscription vs. Your Usage
Why there are two numbers on your bill, and how to predict both.
The short answer
Your bill has two parts, and they behave completely differently.
The one-line version: the subscription is the car. The usage is the gas. You bought the car once and the payment never changes. The gas depends on how far you drive. Some months you drive a lot. Some months you barely leave the driveway.
Why we do it this way
We could bundle a fixed amount of texts and calls into your subscription and charge one flat number. Most companies do. We don’t, for two reasons.
You’d pay for what you don’t use.
Bundled plans are priced for the heaviest month, so quiet months subsidize busy ones. You’d overpay most of the year.
You’d hit a wall in your best month.
Bundled plans come with caps, and caps are worst exactly when things are going well. The month you land a big campaign is the month the messages stop sending.
Splitting them means your fixed cost stays genuinely fixed, and your variable cost only moves when your business does.
Part 1. Your Subscription
What it covers
Everything that isn’t a message leaving the building:
- The full system: contacts, pipeline, calendar, website and funnels, forms, reputation, reporting
- Your AI, with no cap — answering the phone, replying to messages, responding to reviews, drafting content, answering your questions about your own business
- Unlimited users. No per-seat fee.
- Unlimited contacts. No database limit.
- All setup, configuration, and changes
- All support, questions, and training
- Every software update and new feature as it releases
Why it never moves
This is the number you can put in a budget. It doesn’t matter whether you have a record month or a dead one. The subscription is identical. No usage tiers, no automatic upgrades, no “you’ve exceeded your plan” emails.
The AI is the important part of this
Most companies in our space bill AI per message or per minute. We think that’s backwards. Metered AI gives you a reason to use it less. To shorten the conversation, to turn it off overnight, to hesitate before letting it handle a lead.
Yours is unlimited and included. Fifty conversations this month or five thousand, the price is the same. You should never have to ration your own receptionist.
Part 2. Your Usage
What it actually is
Usage is the cost of messages physically leaving your account and travelling across the phone and email networks. These are carrier costs. The same ones your phone company charges you. Passed through with our rates published up front.
Three things generate usage, and only three:
- Text messages you send or receive
- Phone minutes on connected calls
- Emails you send
That’s the entire list. Nothing else on the platform costs you per-use.
Our published rates
What a “text message” actually means
This is the one that surprises people, so here it is precisely.
A text message is 160 characters — roughly two short sentences.
Longer messages get split by the carriers, and each piece counts separately:
The emoji trap. Emojis, curly quotes, em dashes, and accented characters switch a message to a different encoding that fits only 70 characters per piece instead of 160. A short, friendly message with one emoji in it can quietly cost twice what you’d expect.
We write your templates to stay inside a single message wherever possible, and we’ll warn you before any campaign that’s going to split.
Both directions count. You send, they reply. That’s two messages, $0.04. A normal back-and-forth to confirm something runs 4 to 6 messages, so about $0.08 to $0.12 per conversation.
What a “call minute” means
$0.03 per minute of actual connected time, rounded up to the next minute, the same rate whether the call comes in or goes out.
Unanswered calls and voicemails nobody listens to aren’t charged.
What emails cost
$3.00 per 1,000 sent. Confirmations, reminders, sequences, newsletters, receipts. All the same rate.
Emails you receive are free. Only sends count.
Three months, side by side
Still not clear on something?
Ask before you commit. We’d rather spend twenty minutes now than have you surprised by a line on an invoice later.
Digital Merge Solutions
info@digitalmergesolutions.com
Serving businesses across Canada and all over the world