Merlin Terms of Use

1. Agreement

These Terms of Use ("Terms") govern your use of Merlin, a platform operated by BookPal LLC, 3002 Dow Ave, Ste 112, Tustin, CA 92780 ("BookPal," "we," "us"). By signing in to or using Merlin, you agree to these Terms. If you use Merlin on behalf of an organization, you agree for that organization and confirm you have authority to do so.

These Terms supplement BookPal's Terms and Conditions, which continue to govern orders, quotes, pricing and delivery. If the two conflict about Merlin, these Terms apply. Our Privacy Notice explains how we handle information in Merlin.

Any written agreement between you or your organization and BookPal (for example a publishing, distribution or partner agreement) takes priority over these Terms where they conflict.

2. Access is by invitation or approval

Merlin is not open to the public. You can use it only if BookPal invites you or approves your request for access. BookPal decides, at its discretion, whether to grant access, what you can see and do, and for how long. We may change or withdraw access at any time, including when your relationship with BookPal changes.

You must be at least 18 years old and using Merlin for business purposes.

3. Your account and its security

• Your access is personal. Do not share your sign-in, codes or authenticator app with anyone, and do not let anyone else use Merlin as you.
• If two-step sign-in is offered or required for your account, keep it switched on and keep your authenticator device secure.
• Keep your email account secure, since sign-in codes and links are sent there.
• Tell us right away if you think someone else has accessed your account. You are responsible for activity under your account until you tell us.

4. Acceptable use

You agree not to:

• access information you have not been given access to, or try to get around access controls, sign-in limits or security checks;
• scrape, crawl, bulk-download or harvest data from Merlin by automated means, except through tools BookPal provides for that purpose;
• copy, modify, reverse engineer, decompile or try to extract the source code of Merlin, except where the law expressly allows it;
• use information about other people or organizations that you see in Merlin for any purpose other than your business with BookPal, or sell, publish or disclose it;
• upload anything unlawful, infringing, harmful or that you do not have the right to share, or any malware;
• interfere with Merlin's operation, test its vulnerabilities without our written permission, or overload it;
• use Merlin to build a competing product or service; or
• use Merlin in violation of any law, including privacy, anti-spam and export laws.

5. Confidential information

Information you see in Merlin that is not public, such as sales figures, order and pricing details, customer and contact information, forecasts and how Merlin works, is BookPal's confidential information (or that of our customers and partners). Use it only for your business with BookPal, protect it at least as carefully as your own confidential information, and do not disclose it to anyone else except your own colleagues and advisers who need it and are bound to keep it confidential, or as the law requires.

These obligations continue after your access ends. If you have a separate confidentiality agreement with BookPal, it also applies.

6. AI-generated content

Merlin uses artificial intelligence to summarize information, answer questions, suggest next steps and draft messages. Merlin advises and drafts; it does not make commitments for BookPal. AI output may be incomplete, out of date or wrong, and it is not professional, legal, financial or tax advice.

Check AI output before relying on it. Anything sent to a customer or other outside party is reviewed and approved by a person at BookPal; nothing Merlin drafts is an offer, quote or commitment by BookPal until a BookPal staff member confirms it.

7. Content you provide

You keep ownership of the content you submit to Merlin, such as requests, comments, files and information about your titles or organization. You give BookPal a non-exclusive, worldwide, royalty-free license to host, copy, process, display and use that content to operate Merlin, to do business with you and as described in our Privacy Notice. You confirm you have the rights needed to grant this license.

If you send us suggestions or feedback about Merlin, we may use them without any obligation to you.

8. BookPal's intellectual property

Merlin, including its software, design, text, reports, analyses and the BookPal and Merlin names and logos, belongs to BookPal or its licensors and is protected by law. We give you a limited, personal, non-transferable, revocable right to use Merlin for your business with BookPal while you have access. We reserve all other rights.

9. Early access; no warranty

Merlin is under active development. Features may change, be added or be removed, and information shown may be delayed, estimated or incomplete. Official figures for any order, payment or royalty are those in BookPal's invoices, statements and agreements.

TO THE EXTENT THE LAW ALLOWS, MERLIN IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not promise that Merlin will be uninterrupted, error-free or secure.

10. Limitation of liability

TO THE EXTENT THE LAW ALLOWS, BOOKPAL AND ITS OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE MERLIN, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

TO THE EXTENT THE LAW ALLOWS, BOOKPAL'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO MERLIN IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US $100). Merlin is provided without charge; this limit does not affect BookPal's obligations under any separate written agreement or for orders under BookPal's Terms and Conditions.

Some places do not allow these exclusions or limits, so they may not fully apply to you.

11. Your responsibility

To the extent the law allows, you will be responsible for, and will compensate BookPal for, claims and losses caused by your breach of these Terms or your misuse of Merlin or of information obtained through it.

12. Suspension and termination

You may stop using Merlin at any time and ask us to close your access. We may suspend or end your access at any time, with or without notice, including if you breach these Terms or if we need to protect Merlin, BookPal or others. When access ends, your right to use Merlin ends. The sections on confidentiality, content, intellectual property, warranties, liability, your responsibility and governing law continue to apply.

13. Governing law

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules. Any dispute will be brought only in the state or federal courts located in Orange County, California, and you and BookPal consent to those courts' jurisdiction.

14. General

If any part of these Terms cannot be enforced, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our written consent; we may transfer them as part of a reorganization, merger or sale. These Terms, together with the documents they refer to, are the entire agreement between you and BookPal about Merlin.

15. Changes to these Terms

We may update these Terms as Merlin changes. We will change the date at the top and, for significant changes, tell signed-in users in Merlin or by email before the change takes effect. If you keep using Merlin after a change takes effect, you accept the updated Terms.

16. Contact us

Questions about these Terms? Email support@bookpal.com, call 866-522-6657 (Monday–Friday, 8:30 am–5 pm Pacific) or use our contact page.