Terms & Conditions

MERMAID AI, INC. – TERMS OF SALE
Effective Date: December 1, 2025
CONFIDENTIAL

These Terms of Sale (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and MERMAID AI, INC. (“MERMAID,” “we,” “us,” or “our”). These Terms govern all purchases of mermAId (“mermAId device”) directly from MERMAID, including purchases made on MERMAID’s website, www.mermaid-ai.com, or any MERMAID storefronts on third-party e-commerce platforms (e.g., Shopify, Stripe) (collectively, the “Site”) or by purchase order or other ordering document.

Please read these Terms carefully before placing an Order (defined below).

By placing an Order for the mermAId device, you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms or are not at least 18 years old (or the legal age of majority in your jurisdiction), you may not place an order or access the Site’s content or offerings.

These Terms are subject to change at any time without notice at MERMAID’s sole discretion. The applicable version of these Terms shall be the version in effect at the time your Order is placed.

Definitions

a. “End User” means the individual or non-governmental commercial entity authorized by MERMAID to use mermAId device for personal or commercial use in accordance with these Terms and the Documentation and not for resale, distribution, export, or any prohibited use, of the Product or any of its components, under these Terms or any other terms provided by MERMAID.

b. “Product” means the mermAId device as sold by MERMAID and includes all of its Hardware (defined below) and Software (defined below), together with the accompanying Documentation (defined below). The Product may interoperate with Cloud Services (defined below). “Product” does not include any third-party products or services or any external hardware components that are sold or supplied separately by MERMAID.

c. “Hardware” means the physical components of the Product, including the device housing unit and internal electronics and the external components sold together with the Product (Wi-Fi and GPS antennas and power supply). “Hardware” does not include any external hardware components that are sold separately by MERMAID or any third party.

d. “Data” means any information captured, recorded, generated, processed, transmitted, or stored by the Product or related software services, including but not limited to radio or audio recordings, transcriptions, translations, audio clips, and any associated metadata or derived outputs.

e. “Software” means all machine-readable code, models, algorithms, and logic provided by MERMAID for use with the Product, whether embedded on the Hardware or hosted remotely in a cloud environment, including: device firmware and operating software, the local web application served by the Product, Mermaid-hosted/cloud software, and any updates, upgrades, patches, or bug fixes to any of the foregoing (collectively, “Updates”). The Software may perform functions locally, remotely, or in a distributed manner across both environments.

f. “Freeware” means non-proprietary MERMAID software or software provided under public license by third parties.

g. “Interface” means the method or point of communication between the End User (defined below) and the Product, which may be accomplished via: (a) MERMAID’s HDMI/USB touchscreen interface (sold separately by MERMAID); (b) local web interface via ethernet connection or wireless local area network (“LAN”); (c) MERMAID’s mobile or tablet applications; and/or (d) remote MERMAID cloud interface via a Cloud Subscription (defined below). For clarity, the Interface is the means of access and presentation of the Product and is distinct from the underlying Software code that controls the Product. Connecting the Product to an Interface may require separate hardware components not included with the purchase of the Product, such as a mobile device, laptop, ethernet cable, and/or wireless router.

h. “Cloud Services” means MERMAID-operated services that execute some or all of the Software functions remotely in a cloud environment, which may include: remote access, administration, and monitoring, transmitting recorded audio, transcribed text, translated text, extracted details, and other metadata to the cloud environment, natural language processing (“NLP”), searching, sorting, and logging previous transmissions, alerts and notifications, storage and retention, and integrations made available through MERMAID’s web or mobile application programming interfaces. Cloud Services are provided as a subscription service (not sold) and may be modified from time to time as described in the Documentation (defined below).

i. “Cloud Subscription” means a monthly paid subscription available to End Users that allows use of the Cloud Services and provides remote access to the MERMAID cloud environment.

j. “Dealer” means a reseller, distributor, or other entity that is authorized by MERMAID to sell the Products directly to End Users.

k. “Order” means an offer submitted by an End User or Dealer to purchase the Product, including purchase orders submitted to MERMAID via email and orders placed on the Site. All Orders are subject to acceptance by MERMAID and governed by these Terms.

l. “Documentation” means any user manuals, technical manuals, instructions, specifications, or and any other materials in any form that are provided by MERMAID with the Product, Cloud Services, and Cloud Subscription and The Product Use Agreement & Safety Guidelines within the End User License Agreement (EULA).

Order Acceptance and Cancellation

a. Acceptance by MERMAID

An Order constitutes an offer to purchase the Product under these Terms. All Orders must be accepted by MERMAID and shall not be subject to any other terms or conditions in any Order document submitted by a Customer to MERMAID. MERMAID expressly rejects any and all such terms or conditions.

b. After placing an Order, you will receive an automated acknowledgment email from MERMAID. However, an Order is not finalized and approved by MERMAID until MERMAID emails you a formal sales order confirmation. MERMAID reserves the right to decline any Order. You may request to cancel your Order prior to shipment by contacting sales@mermaid-ai.com.

Pricing and Payment

a. Pricing

Product prices listed on the Site are subject to change without notice. The price charged by MERMAID will be the price in effect at the time of order placement and as confirmed in your order confirmation email. Errors in posted pricing may result in cancellation. Applicable taxes, shipping, and handling fees will be itemized at checkout. See our Unilateral Pricing Policy for more information on pricing terms.

b. Payment Terms

(i) End Users. Payment in full is required prior to Order processing. MERMAID and/or MERMAID’s payment processing service (Shopify) accept a wide range of payment methods, including major credit cards (Visa, MasterCard, American Express, Discover) and digital platforms such as Apple Pay, Google Pay, PayPal, and others. Acceptable payment methods are subject to change at MERMAID’s sole discretion. By submitting payment, you confirm that the information provided is accurate and that you are authorized to use the applicable payment method.

NOTE: Cloud Subscriptions are sold separately from the Product and may be purchased by End Users directly from MERMAID via the Site or as otherwise instructed by MERMAID.

(ii) Dealers. Dealers may be considered for a line of credit to purchase the Products upon request by the Dealer. All decisions on lines of credit are subject to credit review and approval. To be considered, please request and submit a MERMAID Credit Application Form.

Shipping and Delivery

Products will be shipped per the options available on the Product page on our Site (for purchases made via the Site) or as provided in the sales order confirmation email sent by MERMAID in response to an Order. Title and risk of loss transfer upon delivery to the shipping carrier. Dealers are responsible for freight, insurance, and any other costs or expenses after delivery to the shipping carrier. Delivery timelines are estimates and not guaranteed. MERMAID is not responsible for delays caused by late shipment or delivery and such late shipment or delivery shall not toll any deadlines for returns or exchanges of the Product or the limited warranty period for the Product.

Returns and Exchanges

Products Purchased Directly from MERMAID

Products that are purchased directly from MERMAID via the Site may be returned by the original purchaser (End User or Dealer) within thirty (30) days after the date of delivery to the shipping address listed on the applicable Order in exchange for (i) a full refund of the purchase price paid by the original purchaser at the time of purchase, (ii) a replacement Product, or (iii) another MERMAID product of equal or lesser value, provided that the original purchaser obtains a Return Material Authorization (“RMA”) by contacting sales@mermaid-ai.com. No refunds will be issued without an RMA.

Following the thirtieth (30th) day after delivery of the Product, such Product may be returned by the original purchaser and accepted at MERMAID’s sole discretion and subject to a 15% restocking fee. Returns related to Product damage or defects fall under the Limited Warranty in Section 6 below.

Products Purchased Directly from Dealers

MERMAID will not process any return and refund requests for Products not purchased directly from MERMAID. All such requests must be made directly with such Dealers.

Limited Warranty

a. Coverage

Except for the Software and the external components of the Hardware, MERMAID warrants to the End User that for a period of one (1) year from the date the End User purchases the Product directly from MERMAID or from a Dealer, the housing unit and internal electronics components of the Hardware will be free of material defects in materials and workmanship when used in accordance with the EULA and the Documentation.

Additional warranty coverage may be purchased by End Users. Please email support@mermaid-ai.com for more information about purchasing additional warranty coverage.

b. Warranty Registration Requirement

To activate this Limited Warranty, the original purchaser must register the product at https://mermaid-ai.com/pages/warranty-registration within thirty (30) days of the original purchase date. Registration requires the product serial number, date of purchase, and your name. Failure to complete registration within this period may result in the warranty being deemed inactive.

c. Disclaimers

EXCEPT FOR THE EXPRESS WARRANTIES STATED IN SECTION 6.a. ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MERMAID MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WARRANTIES, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR PERFORMANCE, AND YOU WAIVE ALL SUCH WARRANTIES.

d. Exclusions

This limited warranty does not cover any third-party products or components, or normal wear and tear, unauthorized modifications or use of the Product, including the Hardware and Software, cosmetic damage, damage from external or environmental causes, or Products with removed or defaced serial numbers.

MERMAID is not responsible for warranty claims in the following situations:

● Continued use of the Product after a Return Material Authorization (RMA) number has been issued;

● Failure to follow MERMAID’s installation, usage, or maintenance instructions; and/or

● Unauthorized alterations or repairs without MERMAID’s prior written consent.

This limited warranty does not cover:

● Software other than Software embedded on the Hardware or any Cloud Services;

● Firmware that has been altered or replaced in any manner;

● Any products or components purchased from unauthorized dealers, resellers, distributors, or other third parties;

● Damages resulting from use of the Product with any third-party products, including third-party software, hardware, or other components, or by networks outside MERMAID’s control;

● Normal wear and tear, cosmetic damage, or degradation or corrosion of consumables such as batteries or coatings;

● Damage resulting from any misuse, improper installation, unauthorized modification or repair, electrical or environmental causes, lightning surges, accidents, use contrary to the Documentation or this EULA, or violation of applicable laws or regulations; and/or

● Products with removed or defaced serial numbers, patent numbers, or other labeling.

e. Claims Process

To initiate a warranty claim, you must obtain a Return Material Authorization (“RMA”) number. Email MERMAID Customer Care at sales@mermaid-ai.com to request an RMA number. You must provide proof of purchase of the Product, including the date, amount paid, and place of purchase, and, if applicable, the name of the Dealer. You may be required to participate in a phone or video call with our team to evaluate and determine warranty eligibility.

f. Remedies

If MERMAID determines that the issue with your Product qualifies under the limited warranty in Section 6.a, MERMAID will proceed with one of the following remedies:

(1) Repair or replace the defective component(s); or

(2) Repair or replace the Product with an identical or newer model.

Any repair or replacement provided under warranty does not reset or extend the original warranty period. However, any part repaired or replaced will be warranted for the longer of either:

● The remainder of the original warranty period, or

● Ninety (90) days from the date of repair or replacement.

g. Limitation of Liability

IN NO EVENT SHALL MERMAID BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MERMAID’S TOTAL LIABILITY EXCEED THE LESSER OF: (A) FOR AN END USER THAT PURCHASED THE PRODUCT FROM A DEALER, THE PURCHASE PRICE PAID BY THE DEALER FOR THE PRODUCT; OR (B) FOR AN END USER THAT PURCHASED THE PRODUCT DIRECTLY FROM MERMAID, THE PURCHASE PRICE PAID BY THE END USER FOR THE PRODUCT.

NOTE: Some states do not permit exclusions or limitations on incidental or consequential damage, so this limitation may not apply to you.

Full warranty terms are available at: www.mermaid-ai.com/pages/warranty.

Intellectual Property

The Product and other MERMAID products are protected by patent (including U.S. Patent No. 12,322,392), and other intellectual property rights in the U.S. and elsewhere, with international patents pending. You shall not remove any software or product identification, patent markings, copyright notices, or proprietary restrictions from the Product, the Documentation, and anywhere else such markings or notices appear.

All Hardware, Software, and Documentation associated with the Product, except for Freeware, are licensed—not sold—under the applicable END USER LICENSE AGREEMENT. You agree not to reverse engineer, copy, modify, or redistribute any licensed materials. All feedback you submit becomes the property of MERMAID.

MERMAID shall retain all right, title, and interest in and to the Product and all intellectual property rights arising out of or relating to the Product, except as expressly granted to the End Under. You shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) and other components of the Product from infringement, misappropriation, theft, misuse, or unauthorized access. You must promptly notify MERMAID if you become aware of any infringement of MERMAID’s intellectual property rights and fully cooperate with MERMAID in any legal action taken by MERMAID to enforce its intellectual property rights.

Privacy

Your personal data is handled in accordance with our Privacy Policy, available at: www.mermaid-ai.com/pages/privacy-policy.

Indemnification

a. End Users. If you are the End User, you agree to indemnify, defend, and hold harmless MERMAID and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ and professionals’ fees) arising out of or relating to:

● Your violation of this Agreement, including but not limited to misuse, unlawful use, or operation of the Product or use contrary to the Documentation;

● Any unauthorized alterations, installation, repair, or modification of the Software or Hardware;

● Use of the Product in violation of any law, regulation, or third-party rights; or

● Use of the Product in environments prohibited by or not conforming to the Documentation or contrary to radio monitoring and regulatory requirements.

b. Dealers. If you are a Dealer, you agree to indemnify, defend, and hold harmless MERMAID and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ and professionals’ fees) brought by an End User that arise out of or relate to any act or omission by you, the Dealer.

Force Majeure

Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including natural disasters, war, labor disruptions, government actions, or supply chain failures.

Governing Law and Jurisdiction

These Terms shall be construed and enforced in accordance with the substantive laws of the Commonwealth of Pennsylvania, excepting conflicts of laws. Exclusive jurisdiction and venue shall lie with the Commonwealth of Pennsylvania and the state courts of Montgomery County, Pennsylvania and the federal courts of the United States District Court for the Eastern District of Pennsylvania in Philadelphia, Pennsylvania.

Assignment

You may not assign or transfer any rights or obligations under these Terms without MERMAID’s prior written consent. MERMAID may assign these Terms to any third party without notice to you.

Waivers

Any failure to enforce a provision of these Terms does not constitute a waiver of future enforcement. All waivers must be in writing and signed by MERMAID.

Third-Party Rights

These Terms confer no rights or remedies on any third parties unless otherwise provided in these Terms.

Notices

Notices to you will be delivered via the email address you provided. Notices to MERMAID must be sent to:

MERMAID AI, INC.
Customer Care
939 Radnor Road

Wayne, PA 19087

Severability

If any provision of these Terms is found to be unenforceable, it shall be severed without affecting the validity of the remaining provisions.

Entire Agreement

These Terms, along with our Privacy Policy, Website Terms of Use, and any applicable license agreements, constitute the complete agreement between you and MERMAID with respect to your purchase.

MERMAID AI, INC. reserves the right to revise these Terms at any time without prior notice.

MERMAID AI, INC. – END USER LICENSING AGREEMENT
Effective Date: July 1, 2025
CONFIDENTIAL

PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE OR SOFTWARE AVAILABLE ON AN MERMAID PRODUCT:

This End-User License Agreement (“EULA”) is a legal agreement between (a) you, the End User (defined below), or the commercial entity you represent, and (b) MERMAID AI, INC. (“MERMAID,” “we,” “us,” or “our”) that governs your use of the Software (defined below).

By using the Product and Software, you (a) accept this EULA and agree that you are legally bound by its terms; and (b) represent and warrant that: (i) you are 18 years of age or older; (ii) you are an individual or representative of a commercial entity and not a Government agency or other Government body; and (iii) if the End User is a commercial entity, you have the right, power, and authority to enter into this EULA on behalf of such entity and bind that entity to the terms of this EULA. If the End User does not agree to the terms of this EULA, the End User will not be able or permitted to connect to the Software or use the Product.

This EULA is subject to change at any time at MERMAID’s sole discretion. The applicable version is the one in effect at the time your Order (defined below) is placed, whether directly with MERMAID or with one of its Dealers (defined below).

DEFINITIONS

a. “End User” means the individual or non-governmental commercial entity authorized by MERMAID to use the mermAId device for personal or commercial use in the United States in accordance with these Terms and the Documentation and not for resale, distribution, export, or any prohibited use, of the Product or any of its components, under these Terms or any other terms provided by MERMAID.

e. “Software” means all machine-readable code, models, algorithms, and logic licensed by MERMAID under this EULA for use with the Product, whether embedded on the Hardware or hosted remotely in a cloud environment, including: device firmware and operating software, the local web application served by the Product, MERMAID-hosted/cloud software, and any updates, upgrades, patches, or bug fixes to any of the foregoing (collectively, “Updates”). The Software may perform functions locally, remotely, or in a distributed manner across both environments.

f. “Freeware” means non-proprietary MERMAID software or software provided under public license by third parties.

i. “Cloud Subscription” means a monthly paid subscription available to End Users that allows use of the Cloud Services and provides remote access to the MERMAID cloud environment.

j. “Dealer” means a reseller, distributor, or other entity that is authorized by MERMAID to sell the Products directly to End Users in the United States.

l. “Documentation” means any user manuals, technical manuals, instructions, specifications, or and any other materials in any form that are provided by MERMAID with the Product, Cloud Services, and Cloud Subscription, including without limitation, the Product Use Agreement & Safety Guidelines found herein.

GRANT OF LICENSE.

a. Use.

MERMAID grants to the End User a non-exclusive, non-sublicensable, non-transferable license to:

● Download and install the Software into the Product’s temporary memory (RAM) for purposes of using the Software according to the Documentation accompanying the Product; and

● Use the Software on a single Product (i.e., one mermAId device) for its intended purpose in accordance with this EULA and the Documentation.

b. Restrictions.

End Users shall not directly or indirectly:

● Use the Software or Documentation beyond the scope of the license granted in Section 2.a. or contrary to the installation, usage, or maintenance instructions provided;

● Lease, lend, sell, sublicense, assign, distribute, or otherwise provide access to or make available the Software, any features or functionality of the Software, Data, or the Documentation to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service, without written authorization from MERMAID;

● Modify, translate, adapt, or create derivative works of the Software or Documentation;

● Reverse engineer, decompile, or attempt to access the source code of the Software or otherwise;

● Remove, delete, alter, or obscure any intellectual property or other proprietary rights notices, including patent notices, or any safety labels or usage instructions;

● Use the Software in or for any unlawful purpose;

● Use the Software or any data generated by the Product contrary to the operational restrictions and required lawful radio monitoring duties as stated in the Quick Start Guide accompanying the Product or as set forth in any Documentation;

● Use the Software contrary to applicable environmental or maritime laws and regulations; or

● Use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the MERMAID’s commercial disadvantage.

c. Freeware.

Notwithstanding the terms and conditions of this EULA, any portions of the Software which constitutes Freeware is licensed to you subject to the terms and conditions of the applicable software license agreement accompanying such Freeware, whether in the form of a discrete agreement, shrink wrap license, or clickwrap license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such Freeware license.

d. Reservation of Rights.

To the maximum extent permitted by applicable law, MERMAID and its suppliers reserve all rights not expressly granted to you in this EULA.

e. Recovery Solution.

Any recovery solution provided with/for the Product may only be used for restoring the hard disk of the Hardware with/for which the recovery solution was originally purchased.

UPGRADES

a. Eligibility.

Notwithstanding Software upgrades purchased separately or part of a separate Cloud Subscription or licensing agreement, the Software will be eligible for upgrade at the sole discretion of MERMAID. To use a Software upgrade, you must first have a license from MERMAID to use the original Software identified by MERMAID as eligible for the upgrade. After upgrading, you may no longer use the original Software that formed the basis for your upgrade eligibility as a separate Software.

ADDITIONAL SOFTWARE TERMS

This EULA applies to any and all updates or supplements to the original Software provided by MERMAID unless MERMAID provides other terms along with the update or supplement. In the event of a conflict between this EULA and such other terms, such other terms shall control.

TRANSFER

a. Third Party Transfer.

The initial End User of the Software may make a one-time transfer of the Software to another individual or commercial end user. Any transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the individual or commercial end user receiving the transferred Software must agree to all the EULA terms. Your license to the Software will automatically terminate upon transfer of the Software to the new End User.

Restrictions on Transfer.

You may not rent, lease, or lend the Software or use the Software for commercial timesharing or bureau use. You may not sublicense, assign, or transfer the license or Software except as expressly provided in this EULA.

INTELLECTUAL PROPERTY

The Product and other MERMAID products are protected by patent (including U.S. Patent No. 12,322,392) and other intellectual property rights in the U.S. and elsewhere, with international patents pending. You shall not remove any Software or Product identification, patent markings, copyright notices, or proprietary restrictions from the Product, the Documentation, or anywhere else such markings or notices appear.

All Software and Documentation associated with the Product, except for Freeware, are licensed—not sold—under this EULA. You agree not to reverse engineer, copy, modify, or redistribute any licensed materials. All feedback you submit becomes the property of MERMAID.

LIMITATION ON REVERSE ENGINEERING

End Users shall not reverse engineer, decompile, or disassemble the Product, including the Software, except and only to the extent that the right to do so is mandated under applicable law or it is expressly provided for in this EULA.

TERM & TERMINATION

a. Term.

This EULA will remain effective indefinitely unless terminated or amended by MERMAID.

b. Termination.

This EULA will terminate immediately if you fail to comply with any term or condition of this EULA. The obligations set forth in Sections 6, 9, 10, and 13 shall survive termination of this EULA.

NOTICE OF DATA COLLECTION

We may share your information with:

● Third-party data analytics providers to help us understand and improve usage patterns;

● Cloud hosting companies to store and process data; or

● Customer support providers to assist with troubleshooting and service requests.

We reserve the right to sell anonymized data collected from the Product for research, analytics, or commercial purposes. Anonymized data cannot reasonably be used to identify an individual. We do not sell your identifiable personal information without your express written consent. Your personal data is handled in accordance with our Privacy Policy, www.mermaid-ai.com/pages/privacy-policy.

INDEMNIFICATION

You, the End User, agree to indemnify, defend, and hold harmless MERMAID its affiliates, officers, directors, employees, agents, licensors, and service providers, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ and professionals’ fees) arising out of or relating to:

● Your violation of this Agreement, including but not limited to misuse, unlawful use, or operation of the Software or use contrary to the Documentation;

● Any unauthorized alterations, installation, repair, or modification of the Software or Hardware;

● Use of the Product in violation of any law, regulation, or third-party rights;

● Unauthorized or improper use, sale, or resale of any data collected or generated by the Product; or

● Use of the Product in environments prohibited by or not conforming to the Documentation or contrary to radio monitoring and regulatory requirements.

CAPACITY AND AUTHORITY TO CONTRACT

You represent that you are of the legal age of majority in your state or country of residence and, if applicable, you are duly authorized by your employer to enter into this contract.

APPLICABLE LAW

This EULA shall be construed and enforced in accordance with the substantive laws of the Commonwealth of Pennsylvania, excepting conflicts of laws. Exclusive jurisdiction and venue shall lie with the Commonwealth of Pennsylvania and the state courts of Montgomery County, Pennsylvania and the federal courts of the United States District Court for the Eastern District of Pennsylvania in Philadelphia, Pennsylvania.

AMENDMENTS

An amendment or addendum to this EULA may accompany the Product and Documentation. In the event of a conflict between any such amendment or addendum and this EULA, the terms of the amendment or addendum shall control.

ENTIRE AGREEMENT

This EULA (including any addendum or amendment to this EULA which is included with the MERMAID Hardware) is the entire agreement between you and MERMAID relating to the Software, and this EULA supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any MERMAID policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Should any term, condition or provision of this EULA be held invalid or unenforceable as to any party or circumstance, such ruling shall not affect the validity and enforceability of the remaining terms, conditions, and provisions of this EULA.

CONSUMER RIGHTS

Consumers in some countries, states, or territories may have the benefit of certain statutory rights, remedies, localizations, and limitations under consumer legislation in respect of which MERMAID’s liability cannot lawfully be excluded or limited. Notwithstanding anything to the contrary in this EULA, if you acquired the MERMAID Hardware or licensed the Software as a consumer within the meaning of relevant consumer legislation in your country, state, or territory, the provisions of this EULA (including the disclaimers of warranties, limitations and exclusion of liability) must be read subject to applicable law and apply only to the maximum extent permitted by such applicable law.

MERMAID AI, INC. reserves the right to revise this EULA at any time without prior notice.

MERMAID AI, INC. – PRIVACY POLICY

Effective Date: July 1, 2025

Information We Collect

We may collect the following categories and types of information from your Hardware and any other electronic device you use to access the Software:

Account Information You Provide
- Username, email address, and password.
- Payment information.
- Organization name and phone number (for single commercial entity End Users).
mermAId Device Data
- Audio recordings.
- Location information (GPS or similar).
- Usage logs (such as interaction history, error logs, and performance metrics).
- Environmental data (such as environmental noise or other sensor readings).
Non-mermAId Device Data
- Location information (GPS or similar).
- Usage logs (such as interaction history, error logs, and performance metrics).
- Environmental data (such as environmental noise or other sensor readings).
Automatically Collected Information
- Device identifiers and technical details.
- Network connection information.
- Diagnostic and performance data.
Website & Shopify Storefront
- Directly from you: contact info, support messages, newsletter sign-ups, shipping/billing details you provide at checkout.
- From Shopify and payment providers: order details and payment status (card data is processed by Shopify/your chosen payment provider; Mermaid does not store full card numbers).
- Automatically: standard web logs, device/browser info, coarse location (from IP address), cookies or similar technologies (to keep you logged in, remember cart, measure site usage, and improve the site).
Product & Cloud Services
- Communications Data: VHF audio captured by your device; transcripts, translations, classifications/NLP outputs, alerts/triggers, search and playback history, tags/notes, and exports you generate. Depending on your settings and plan, some of this is stored on-device and/or in the MERMAID cloud infrastructure.
- Usage Data: device identifiers (serial numbers), firmware/software versions, network identifiers (e.g., local/private IP addresses), uptime/health signals, performance metrics, feature usage, timestamped events (e.g., channel enable/disable), error logs.
- Account Data: name, email, role, organization, authentication tokens, activity logs related to account security (e.g., login/logouts).
- From Integrations you enable: inbound/outbound data exchanged with third-party systems through APIs/webhooks you configure.

Radio law reminder: You are responsible for lawful monitoring of radio communications in compliance with your specific regulatory requirements.

How We Collect Information

We collect information:

Directly from you when you register an account on our Site, configure settings, or contact us.
Automatically from the MERMAID device during normal operation.
Optionally to the cloud if you enable cloud transmission in your settings.

How We Use Information

We use the information collected to:

Provide, operate, and improve the mermAId device and related Services, including by analyzing your information and creating aggregated data derived from your information to develop, maintain, analyze, improve, optimize, measure, and report on our Services and their features and how users interact with them. Our analysis may include the use of technology like machine learning and large language models, which may include training these models or sharing with third parties for model training.
Fulfill and manage purchases, orders, deliveries, payments, returns, and exchanges.
Provide you with notices about your account, including expiration and renewal notices.
Personalize your experience and deliver relevant features.
Diagnose technical issues and provide customer support.
Conduct analytics to improve performance and reliability.
Carry out our obligations and enforce our rights arising from any agreements entered into between you and us, including for billing and collection.
Comply with legal obligations and enforce this Privacy Policy.

Data Storage & Security

If cloud transmission is enabled, your data is transferred over a secure connection and stored on MERMAID’s cloud infrastructure. We use administrative, technical, and physical safeguards to protect your information from unauthorized access, loss, misuse, or alteration.

No system is completely secure, and we cannot guarantee the absolute security of your information.

Data Sharing

We may share your information with:

Third-party data analytics providers to help us understand and improve usage patterns.
Cloud hosting companies to store and process data.
Customer support providers to assist with troubleshooting and service requests.
Contractors, service providers, and other third parties we use to support our organization and are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them.
A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MERMAID’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by MERMAID is among the assets transferred.

We may sell anonymized data collected from your mermAId device for research, analytics, or commercial purposes. This data cannot reasonably be used to identify you.

We do not sell your Personal Data without your express written consent. “Personal Data” means information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, email address, telephone number, home address, or payment information (for example, account information such as name, postal address, and email address, or any other identifier we may use to contact you online or offline).

Data Retention

We retain collected data indefinitely unless you request its deletion. Upon receiving a verified deletion request, we will erase your Personal Data from our active systems, unless retention is required by law. You may request deletion of your Personal Data or disassociation of your account from any data collected from your mermAId device by contacting us at support@mermaid-ai.com.

Your Rights

Depending on your location, you may have the right to:

Access your Personal Data.
Request correction or deletion of your Personal Data.
Restrict or object to certain data processing.
Request a copy of your Personal Data in a portable format.
Withdraw your consent where processing of your Personal Data requires your consent.

Depending on your state of residency, you may have certain rights related to your Personal Data, including:

Access and Data Portability. You may confirm whether we process your Personal Data and access a copy of the Personal Data we process. To the extent feasible and required by state law, depending on your state, data will be provided in a portable format. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.
Correction. You may request that we correct inaccuracies in your Personal Data that we maintain, taking into account the information’s nature and processing purpose.
Deletion. You may request that we delete Personal Data about you that we maintain, subject to certain exception under applicable law.
Opt Out of Using Personal Data for Targeted Advertising, Profiling, and Sales. You may request that we do not use your personal data for these purposes.

The exact scope of these rights vary by state. There are also several exceptions where we may not have an obligation to fulfill your request. To exercise any of these rights, contact us at support@mermaid-ai.com.

Children’s Privacy

Our Services are not directed to children under the age of 13 (or the minimum age in your jurisdiction). We do not knowingly collect information from children.

Changes to This Policy

We may update this Privacy Policy from time to time. When we do, we will revise the Effective Date above. You will be notified of significant changes to this Privacy Policy through email or other electronic communication.

Contact Us

If you have any questions about this Privacy Policy or our practices, you may contact us at:

Mermaid AI, Inc.
939 Radnor Rd.
Wayne, PA 19087
Email: support@mermaid-ai.com

Terms & Conditions

MERMAID AI, INC. – TERMS OF SALEEffective Date: December 1, 2025CONFIDENTIAL

MERMAID AI, INC. – END USER LICENSING AGREEMENTEffective Date: July 1, 2025CONFIDENTIAL

MERMAID AI, INC. – PRIVACY POLICY

Effective Date: July 1, 2025

MERMAID AI, INC. – TERMS OF SALE
Effective Date: December 1, 2025
CONFIDENTIAL

MERMAID AI, INC. – END USER LICENSING AGREEMENT
Effective Date: July 1, 2025
CONFIDENTIAL