Last updated December 2025

Merchantly Inc. (dba Address Guard)  |  5657 Somersby Rd., Windermere, FL 34786

1. Agreement to Terms

These Terms of Service (“Terms”, “Agreement”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Merchantly Inc., a Florida corporation doing business as Address Guard (“Address Guard”, “Company”, “we”, “us”, or “our”), governing your access to and use of the Address Guard software platform, website, APIs, mobile applications, and related services (collectively, the “Platform” or “Services”).

BY ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE USE OF THE PLATFORM.

If you are using the Platform on behalf of an organization or entity, you represent and warrant that you are authorized to bind that organization to these Terms, and references to “you” include both you and that organization.

2. Eligibility

To access and use the Platform, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited from using the Services under applicable law; and
• Provide accurate, complete, and current registration information.

Address Guard reserves the right to verify eligibility and deny access at its sole discretion.

3. Account Registration and Security

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate and complete information during registration;
• Maintain and promptly update your account information;
• Keep your login credentials and passwords confidential;
• Notify us immediately of any unauthorized access or suspected breach of security; and
• Accept responsibility for all activities that occur under your account.

Address Guard is not liable for losses arising from unauthorized use of your account due to your failure to maintain credential security. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

4. Description of Services

Address Guard provides a software-as-a-service (“SaaS”) platform offering address verification, email & phone validation, and management tools designed for businesses and individuals. The Platform may include features such as address autocomplete, geolocation services, deliverability scoring, bulk processing, and API integrations.

Validation and verification results provided by the Platform are informational and advisory in nature and do not constitute a guarantee of address accuracy, deliverability, or any particular shipping outcome.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

Certain features or services may be subject to additional terms, policies, or fees, which will be disclosed at the time of access or purchase.

5. Subscriptions, Fees, and Payment

5.1 Subscription Plans

Access to the Platform may require a paid subscription on the Enterprise plan based on the termed agreement. Typical usage billing occurs per month via Shopify Billing or Stripe, depending on your platform. Subscription plans, pricing, and included features are listed on our pricing page and are subject to change with advance notice.

5.2 Payment Terms

By subscribing to a paid plan, you authorize us to charge the applicable fees to your designated payment method on a recurring basis (monthly or annually, as selected). All fees are:

• Quoted and charged in U.S. Dollars (USD);
• Non-refundable except as expressly stated in these Terms or required by applicable law;
• Exclusive of applicable taxes, which you are solely responsible for paying.

5.3 Free Trials

We may offer free trials (initial 100 orders free) at our discretion. At the end of a free trial, your account will automatically convert to a paid subscription unless you cancel before the trial period ends. Address Guard reserves the right to modify or terminate free trial offers at any time.

5.4 Late Payments and Suspension

If your payment method fails or your account becomes past due, we may suspend your access to the Platform until payment is received. Accounts with balances outstanding for more than 30 days may be subject to account termination and referral to a collections agency.

5.5 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellations take effect at the end of the current billing period. You will retain access to the Platform through the end of your paid period.

6. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Platform in violation of any applicable federal, state, local, or international law or regulation;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform without express written permission from Address Guard;
• Use automated means (bots, scrapers, crawlers) to access or interact with the Platform in an unauthorized manner;
• Transmit any viruses, malware, or other harmful or malicious code;
• Interfere with or disrupt the integrity, performance, or security of the Platform or its servers;
• Circumvent or attempt to circumvent any access control or security mechanisms;
• Use the Platform to process, store, or transmit data in violation of any privacy or data protection laws;
• Engage in any fraudulent, deceptive, or misleading activities; or
• Sublicense, transfer, or assign your access rights without our prior written consent.

Address Guard reserves the right to investigate violations and take appropriate action, including immediate termination of access and cooperation with law enforcement.

7. Intellectual Property Rights

All content, features, functionality, software, code, design, trademarks, logos, and other materials comprising or related to the Platform (“Company IP”) are owned by or licensed to Merchantly Inc. and are protected by United States and international copyright, trademark, patent, and trade secret laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes in accordance with these Terms. This license does not include any right to sublicense, modify, create derivative works, or commercially exploit the Company IP.

Any feedback, suggestions, or ideas you provide to Address Guard regarding the Platform may be used by us without restriction or compensation to you.

8. User Data and Privacy

8.1 Your Data

You retain ownership of all data, content, and information you submit, upload, or otherwise provide to the Platform (“User Data”). By submitting User Data, you grant Address Guard a worldwide, non-exclusive, royalty-free license to use, process, store, and display your User Data solely to the extent necessary to provide the Services.

8.2 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

8.3 Data Security

We implement commercially reasonable technical and organizational measures designed to protect your data. See Section 9 for full details regarding our data security practices and infrastructure.

8.4 Data Retention

We retain User Data for as long as your account remains active or as necessary to provide Services, comply with legal obligations, resolve disputes, and enforce agreements. Upon account termination, we will delete your account information within 30 days to meet GDPR requirements. In addition, we will purge backups within 60 days or sooner if a request is sent.

9. Data Security

Merchantly Inc. (dba Address Guard) takes the security of your data seriously. We employ industry-standard technical and organizational safeguards designed to protect your information from unauthorized access, disclosure, alteration, and destruction.

9.1 Infrastructure & Hosting

Our Platform is hosted exclusively on Amazon Web Services (AWS), one of the world’s most trusted and compliant cloud infrastructure providers. AWS maintains a robust set of certifications including SOC 1/2/3, ISO 27001, and PCI DSS compliance, providing a secure and resilient foundation for our services. Our infrastructure benefits from AWS’s physical security controls, network firewalls, distributed denial-of-service (DDoS) mitigation, and multi-availability zone redundancy to ensure uptime and data integrity.

9.2 Encryption

All customer data stored within the Platform is encrypted at rest using AES-256 encryption, the industry gold standard for data protection. Data transmitted between your browser or application and our servers is protected in transit using TLS 1.2 or higher (HTTPS), ensuring that your information cannot be intercepted during communication. Encryption keys are managed using AWS Key Management Service (AWS KMS), providing centralized, auditable control over cryptographic operations.

9.3 Access Controls

Access to customer data within our internal systems is strictly limited to a small number of authorized Address Guard team members who require such access to perform their job responsibilities. All internal access is governed by a least-privilege policy, meaning team members are only granted the minimum level of access necessary to carry out their duties. Access privileges are reviewed regularly and revoked immediately upon role change or separation from the company. All administrative access to production systems requires multi-factor authentication (MFA) and is logged for audit purposes.

9.4 Monitoring & Incident Response

We continuously monitor our infrastructure for suspicious activity, unauthorized access attempts, and potential vulnerabilities using AWS-native security tools including AWS CloudTrail, AWS GuardDuty, and AWS Security Hub. In the event of a confirmed data security incident, we will notify affected users in accordance with applicable law and take prompt remediation steps to contain and resolve the issue.

9.5 No Sale of Customer Data

Address Guard does not sell, rent, or share your customer data with third parties for advertising, marketing, or any other commercial purpose. Your data is used solely to provide and improve the Services you have subscribed to.

9.6 Your Responsibility

While we implement robust security measures on our end, the security of your account also depends on the strength of your credentials and the practices of your own team. You are responsible for maintaining the confidentiality of your login information, enabling MFA where available, and promptly reporting any suspected unauthorized access to your account.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure (“Confidential Information”). Each party agrees to:

• Use Confidential Information only to fulfill its obligations or exercise its rights under these Terms;
• Protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care; and
• Not disclose Confidential Information to any third party without the other party’s prior written consent, except as required by law.

11. Disclaimers

THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADDRESS GUARD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR DATA PROVIDED THROUGH THE PLATFORM.

Address Guard does not warrant the accuracy of any address data, geolocation results, or deliverability scores provided through the Platform. You are solely responsible for verifying information before relying on it.

11.1 Service-Specific Disclaimers

Without limiting the generality of the foregoing disclaimers, you acknowledge and agree that:

• All validation, verification, and address correction results provided by the Platform are advisory only. Address Guard does not guarantee the deliverability of any package or the accuracy of any address, and no result provided by the Platform shall be construed as such a guarantee;
• Address Guard is not liable for any carrier decisions, carrier fee assessments, address correction surcharges, delivery delays, failed deliveries, or other delivery outcomes, regardless of whether you relied on validation results provided by the Platform;
• The Platform validates addresses against available postal and carrier databases maintained by third parties (including but not limited to USPS, Canada Post, Royal Mail, Australia Post, UPS, FedEx, and DHL), which may contain errors, omissions, or may not reflect real-world changes in a timely manner. Address Guard does not control the accuracy, completeness, or timeliness of these third-party data sources;
• You are solely responsible for determining how to use validation results within your shipping, fulfillment, and order management workflows, and for any decisions or actions taken based on such results; and
• The Platform is not a substitute for your own shipping quality processes, address review procedures, or carrier compliance programs. You remain solely responsible for maintaining adequate quality controls in your shipping operations.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERCHANTLY INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES; OR
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA,

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF ADDRESS GUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY’S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EQUALLY TO BOTH PARTIES AND TO ALL CLAIMS ARISING UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO INDEMNIFICATION OBLIGATIONS.

13. Indemnification

13.1 Customer Indemnification

You agree to defend, indemnify, and hold harmless Merchantly Inc. and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys’ fees arising out of or relating to:

• Your violation of these Terms;
• Your use or misuse of the Platform;
• Your User Data or its use on the Platform;
• Your violation of any third-party rights, including intellectual property or privacy rights; or
• Any fraud, misrepresentation, or illegal activity by you.

13.2 Company Indemnification

Address Guard agrees to defend, indemnify, and hold harmless you and your affiliates, officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, and reasonable attorneys’ fees arising out of or relating to:

• Any claim that the Platform, as provided by Address Guard, infringes or misappropriates any third party’s intellectual property rights;
• A data breach caused by Address Guard’s negligence or material failure to maintain the security obligations described in Section 9 of these Terms; or
• Address Guard’s material violation of applicable data protection laws in its processing of User Data.

Address Guard’s indemnification obligations under this Section 13.2 are subject to the limitation of liability set forth in Section 12 and are conditioned upon you providing Address Guard with: (a) prompt written notice of the claim; (b) sole control of the defense and settlement of the claim; and (c) reasonable cooperation in the defense of the claim at Address Guard’s expense. Address Guard shall have no obligation under this Section 13.2 to the extent a claim arises from your modification of the Platform, your combination of the Platform with non-Address Guard products or services, or your use of the Platform in violation of these Terms.

14. Third-Party Services and Links

The Platform may integrate with or contain links to third-party websites, APIs, or services. These integrations are provided for convenience only. Address Guard does not control, endorse, or assume responsibility for any third-party services, and your use of them is governed solely by the applicable third-party terms. We encourage you to review those terms before engaging with any third-party services.

15. Term and Termination

These Terms are effective as of the date you first access the Platform and remain in effect until terminated. Either party may terminate this Agreement:

• By you, at any time by canceling your subscription and ceasing use of the Platform;
• By Address Guard, at any time for any reason, with or without notice, including for violation of these Terms.

Upon termination, your license to use the Platform immediately ceases. Sections 7, 8, 9, 10, 11, 12, 13, 16, 17, and 18 shall survive termination of this Agreement.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida (Orlando, FL).

You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts. Notwithstanding the foregoing, Address Guard reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to first attempt to resolve any dispute informally by contacting Address Guard at [email protected]. We will use good faith efforts to resolve the dispute within 30 days.

17.2 Arbitration

If informal resolution fails, any unresolved dispute shall be submitted to binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its rules, with arbitration seated in Orlando, Florida. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND ADDRESS GUARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and Address Guard regarding the Platform and supersede all prior agreements, representations, and understandings.

18.2 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Address Guard.

18.3 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

18.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.

18.5 Force Majeure

Address Guard shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, governmental actions, or internet outages.

18.6 Notices

We may provide notices to you via email to the address on file or by posting to the Platform. You may send legal notices to us at: Merchantly Inc. dba Address Guard, Attn: Legal Department, 5657 Somersby Rd., Windermere, FL 34786, or via email at [email protected].

18.7 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the Effective Date. Your continued use of the Platform after the changes take effect constitutes acceptance of the revised Terms.

Contact Us

Merchantly Inc. (dba Address Guard)

5657 Somersby Rd., Windermere, FL 34786

Email: [email protected]

© 2026 Merchantly Inc. All rights reserved.