Merchant agreement

Terms of service

Effective 26 August 2026 · Version 2026-08-26

Please read these terms carefully. They allocate risk between the merchant and Marvello, include important limits on liability, and require the merchant to verify order and fulfilment outcomes. By installing, approving a charge for, accessing or using Merge Me, the merchant agrees to these terms.

1. Parties and authority

These terms are an agreement between Marvello Pty Ltd (ABN 72 691 509 261), an Australian private company (Marvello, we, us), and the person or entity that owns or operates the Shopify store for which Merge Me is installed (Merchant, you). “Service” means the Merge Me app, website, support and related services.

If you install or use the Service for an entity, you warrant that you have authority to bind that entity. You must be at least 18 and capable of entering a binding contract. The Service is supplied for business use, not personal, domestic or household use.

2. What Merge Me does

Merge Me can identify potentially compatible Shopify orders and, according to enabled features, merchant settings and approvals, create or revise a combined Shopify order, apply or release fulfilment holds, preserve or update original orders, copy permitted tracking information, record merge history, and coordinate configured shipping or fulfilment actions. Features may be manual, suggested, automatic, experimental or unavailable depending on the plan, store, permissions, order state, Shopify APIs and third-party systems.

Merge Me is an automation and decision-support tool. It is not a carrier, warehouse, 3PL, payment processor, tax adviser, insurer, legal adviser, seller of the Merchant’s goods, or party to transactions between the Merchant and its customers.

3. Critical order-and-fulfilment risk allocation

To the maximum extent permitted by law, Marvello is not responsible for loss arising from or connected with:

• a failed, missed, late, incorrect, partial, duplicate, unintended or unrecoverable merge, unmerge, revision, hold, release, archive, refund, tracking update or fulfilment action;
• a free, gifted, discounted or paid item being added, omitted, duplicated, repriced, substituted, oversupplied, undersupplied, shipped accidentally or not shipped;
• incorrect quantities, products, variants, bundles, discounts, taxes, duties, shipping charges, shipping methods, addresses, customer details, inventory, analytics, revenue reporting or accounting;
• duplicate or missing Shopify orders, altered order numbering, changed order history, stock movements, overselling, chargebacks, customer complaints, refunds, reshipments, carrier costs, warehouse fees or regulatory obligations;
• a 3PL, fulfilment app, carrier, marketplace, ERP, WMS, Shopify, or another provider importing, processing, cancelling, shipping or otherwise acting on an original, combined, superseded or replacement order;
• the Merchant’s settings, selections, approvals, delay or matching window, address-matching choices, filters, delivery-method ranking, tags, workflow, staff access, failure to act on a warning, or failure to reconcile results; or
• events occurring after an order or fulfilment task has been transmitted to, imported by or acted on by Shopify or a third party.

This section does not exclude liability that the law does not permit Marvello to exclude. It is intended to make clear which operational risks the Merchant accepts when choosing to automate or approve changes to commerce and fulfilment records.

4. Merchant duties and safeguards

You must:

• use a development or test store and synthetic orders to test Merge Me before enabling it for live orders, and re-test after material changes to your store, apps, 3PL or workflow;
• configure conservative matching and timing rules appropriate to your fulfilment process;
• review previews, warnings, exceptions, history and Shopify records before approving a manual action and regularly while automation is enabled;
• confirm directly with every relevant fulfilment system or 3PL whether original or combined orders have been imported, picked, packed, labelled, manifested or shipped before revising or undoing a parcel;
• maintain independent records, reconciliation procedures, appropriate access controls, business-continuity arrangements and insurance for your business;
• promptly stop automation and contact us if results appear incorrect, ambiguous or unsafe, and take reasonable steps to prevent or reduce loss;
• ensure all store data, instructions, settings and permissions are accurate, current, lawful and authorised; and
• remain responsible for customer notices, refunds, taxes, invoices, shipping, fulfilment, product safety, consumer guarantees, privacy notices and compliance with laws applying to your business.

You must not treat a preview, status, warning, history entry or apparent successful action as proof that Shopify, a warehouse or another provider has completed or reversed the corresponding real-world action. You must independently verify consequential outcomes.

5. Shopify and third-party services

The Service depends on Shopify and may interact with services selected or configured by the Merchant. Those services are outside Marvello’s control and may change, restrict or discontinue access without notice. Your use of them is governed by your agreements with their providers. Marvello is not responsible for third-party services or for data, instructions or results they provide.

Merge Me is provided by Marvello, not Shopify. Marvello is solely responsible for the app and its support. Shopify is not liable for faults in Merge Me or harm resulting from its installation or use and, except where Shopify expressly says otherwise, Shopify cannot provide Merge Me installation or support assistance.

6. Accounts, permissions and security

You are responsible for controlling Shopify staff access and permissions, protecting credentials, reviewing app scopes, and promptly removing access that is no longer needed. Do not share passwords, access codes, API credentials, payment-card data or unnecessary customer data with support. Notify us promptly at help@mergeme.app if you reasonably suspect unauthorised use or a security incident involving the Service.

7. Plans, usage, trials, charges and refunds

Plan terms, currency, billing interval, included usage, trial and any usage or overage charges are shown in Shopify before approval or in the Service. App charges are authorised and collected through Shopify. You are responsible for applicable taxes and for reviewing the charge presented before approval.

Unless the Shopify billing interface, our published refund policy, or applicable law states otherwise, fees and usage charges already incurred are non-refundable. You may ask us to consider a full or partial refund at help@mergeme.app; any discretionary refund does not create an obligation to grant another. Uninstalling or disabling the Service does not reverse charges already incurred.

8. Merchant data and privacy

The Privacy Policy explains how Marvello handles personal information. Where Marvello processes customer personal data on the Merchant’s behalf, the Data Processing Addendum forms part of these terms. The Merchant instructs Marvello to process Merchant Data only as needed to provide, secure and support the Service, comply with documented Merchant instructions and applicable law, and enforce these terms.

The Merchant represents that it has provided all required notices and has a valid legal basis for Marvello, Shopify and authorised providers to process Merchant Data as contemplated by the Service. The Merchant must not submit sensitive information or data not required for the Service.

9. Acceptable use

You must not use the Service to break the law; violate another person’s rights; access a store or data without authority; conceal fraud; manipulate payments, taxes, analytics or evidence; send malware; probe or bypass security or usage controls; overload the Service or Shopify; scrape or resell the Service; reverse engineer it except where law expressly permits; or build a competing service from non-public aspects of Merge Me. You must comply with the Acceptable Use Policy.

10. Intellectual property and feedback

Marvello and its licensors own the Service, software, designs, documentation, trademarks and related intellectual property. While these terms remain in force, Marvello grants the Merchant a limited, revocable, non-exclusive, non-transferable right to use the Service for its own Shopify business. The Merchant retains its rights in Merchant Data. If you provide feedback, you grant Marvello a perpetual, worldwide, royalty-free right to use it without identifying you or disclosing confidential information.

11. Confidentiality

Each party must protect the other’s non-public information using reasonable care and use it only for this agreement. This duty does not cover information already lawfully known, independently developed, public through no breach, or lawfully received without restriction. A party may disclose information where legally required after giving notice where permitted.

12. Service changes, suspension and availability

We may maintain, improve or change the Service. If a material change substantially reduces paid core functionality, we will provide reasonable notice where practicable and the Merchant may stop using the affected Service before the change takes effect. We may immediately limit or suspend an unsafe feature or account where reasonably necessary to protect customers, stores, Marvello, Shopify, third parties or the Service; comply with law or a platform requirement; respond to an incident; or prevent abuse. We will use reasonable efforts to give notice and restore service when the reason is resolved.

No uptime, response-time, recovery-time or support service level applies unless Marvello signs a separate written service-level agreement.

13. Warranties and statutory rights

Except for any guarantee, warranty or right that cannot lawfully be excluded, the Service is provided “as is” and “as available.” Marvello excludes all implied conditions, representations and warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation, data accuracy, and any guarantee that use will produce savings, profit, successful merges or regulatory compliance.

Nothing in these terms excludes, restricts or modifies the Australian Consumer Law or another mandatory right where doing so would be unlawful. Where a statutory guarantee applies to business services not ordinarily acquired for personal, domestic or household use, and the law permits limitation, Marvello’s liability is limited, at Marvello’s option, to supplying the affected Service again or paying the reasonable cost of having the affected Service supplied again.

14. Limitation of liability

To the maximum extent permitted by law:

• neither party is liable to the other for indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profit, revenue, savings, goodwill, opportunity, business, data or anticipated benefit, whether direct or indirect;
• Marvello is not liable for the operational events and third-party circumstances described in sections 3 and 5 except to the extent directly caused by Marvello’s breach of a non-excludable obligation; and
• Marvello’s total aggregate liability arising out of or relating to the Service or these terms, across all claims and legal theories, is limited to the greater of AUD $100 and the fees paid or payable for the affected store during the three months immediately before the first event giving rise to liability.

The exclusions and cap do not apply to liability that cannot legally be excluded or limited. Each party must take reasonable steps to mitigate loss. The parties acknowledge that the fees reflect this allocation of risk.

15. Merchant indemnity

To the extent permitted by law, the Merchant indemnifies Marvello and its officers, employees and contractors against third-party claims, damages, penalties and reasonable external legal costs to the extent caused by: (a) the Merchant’s breach of these terms or law; (b) the Merchant’s products, store, customer transactions, instructions, settings or data; (c) unauthorised or unlawful processing directed by the Merchant; or (d) the Merchant’s negligence, fraud or wilful misconduct. This indemnity is reduced to the extent Marvello caused or contributed to the loss and does not require the Merchant to indemnify Marvello for Marvello’s fraud, wilful misconduct or liability that cannot lawfully be shifted. Marvello must promptly notify the Merchant of a claim and allow reasonable participation in its defence; no settlement may admit fault or impose a non-monetary obligation on the Merchant without consent, not to be unreasonably withheld.

16. Term and termination

These terms start when the Merchant first installs, approves a charge for, accesses or uses the Service and continue until use ends. The Merchant may terminate at any time by uninstalling the app and cancelling any plan through Shopify. Marvello may terminate or suspend for material breach, unlawful or unsafe use, non-payment, Shopify direction, discontinuation of the Service, or where continued supply is not reasonably practicable. Where practicable, we will give an opportunity to remedy a remediable breach.

Termination does not affect accrued rights or charges. Sections intended by their nature to survive—including intellectual property, confidentiality, risk allocation, liability, indemnity, dispute provisions and data-deletion obligations—survive.

17. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including internet, cloud, Shopify, carrier or utility failures; cyberattacks not caused by failure to use reasonable security; natural disasters; epidemic; labour disruption; government action; war or civil disturbance. This does not excuse payment already due or a duty to protect personal information, and the affected party must use reasonable efforts to reduce the impact.

18. Changes to these terms

We may update these terms for legal, security, platform or Service changes. We will post the updated version and effective date and give reasonable notice of material adverse changes where practicable. A material adverse change will not apply before the notified effective date. If the Merchant does not agree, its remedy is to stop using and uninstall the Service before that date. Changes do not retroactively remove accrued rights or liability.

19. Disputes and governing law

Before filing a claim, each party must give written notice describing the dispute and allow 30 days for good-faith resolution, unless urgent injunctive relief is reasonably required. These terms are governed by the laws of Queensland, Australia. Subject to any mandatory right to bring a claim elsewhere, the parties submit to the courts of Queensland and courts hearing appeals from them.

20. General

These terms, the policies linked from them, the plan approved in Shopify and any signed order form are the entire agreement about the Service. If they conflict, a signed order form prevails, then the DPA for personal-data matters, then these terms, then other policies. The Merchant may not assign this agreement without Marvello’s consent, not to be unreasonably withheld; Marvello may assign it as part of a genuine corporate reorganisation, financing or sale of the Service if the assignee accepts Marvello’s obligations. Neither party creates a partnership, agency, employment or fiduciary relationship. A failure to enforce is not a waiver. Invalid provisions are severed or read down only to the minimum necessary. Headings aid reading only.

21. Contact and notices

Questions, complaints and legal notices may be sent to help@mergeme.app. Notices to the Merchant may be sent to the email associated with its Shopify account, shown in the Service, or delivered through Shopify. Email notice is effective when received, excluding automated delivery failure.