Terms of Service

Last Updated: Apr 14th, 2025

Welcome to Mercer Lane, LLC (“Mercer Lane,” “we,” “us,” or “our”), which provides an HVAC “business in a box” software solution (the “Software,” “Service,” or “Services”). By accessing or using our Services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you should not use our Services.

1. Acceptance of Terms

  • 1.1 These Terms govern your use of the Services, including any associated mobile or desktop applications and websites.
  • 1.2 You accept these Terms by creating an account, accessing, or using the Service, or by otherwise indicating your consent.

2. Eligibility

  • 2.1 You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Services.
  • 2.2 By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

3. Changes to the Terms

  • 3.1 We may modify these Terms from time to time. We will provide notice of any material changes through the Services or by other means.
  • 3.2 Your continued use of the Services after any modifications indicates your acceptance of the revised Terms.

4. Description of Services

  • 4.1 Mercer Lane provides software-based tools, resources, and integrations to help HVAC businesses manage operations (e.g., scheduling, invoicing, customer relationship management).
  • 4.2 We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice.

5. Account Registration and Security

  • 5.1 You may be required to create an account to access certain features. You agree to provide accurate and complete information when creating an account.
  • 5.2 You are responsible for safeguarding your account credentials, including passwords and any other personal identification. You agree to notify us immediately of any unauthorized use of your account.

6. Payment and Fees

  • 6.1 Some Services may be provided on a subscription or usage-based fee model. All fees will be outlined in a separate plan or invoice and must be paid according to the billing schedule.
  • 6.2 Late payments may incur interest or additional charges as outlined in the applicable plan.
  • 6.3 We reserve the right to change our fees or introduce new fees by providing notice to you.

7. License and Intellectual Property

  • 7.1 Subject to your compliance with these Terms, Mercer Lane grants you a limited, non-exclusive, non-transferable license to access and use the Services.
  • 7.2 All content, trademarks, and intellectual property related to the Services are the property of Mercer Lane or its licensors. You may not reproduce, modify, or distribute any content from the Services without prior written permission.

8. User Conduct

  • 8.1 You agree not to use the Services to:
    • Violate any applicable law or regulation.
    • Infringe the intellectual property or other rights of third parties.
    • Distribute harmful or malicious content, including viruses or malware.
    • Engage in harassing, abusive, or defamatory behavior.
  • 8.2 Mercer Lane reserves the right to terminate or suspend your account for violations of this Section.

9. Third-Party Services and Integrations

  • 9.1 The Services may integrate with third-party services or websites. Mercer Lane does not endorse or control these third-party offerings.
  • 9.2 You acknowledge that your use of third-party services is subject to their separate terms and policies.

10. Disclaimers

  • 10.1 The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including implied warranties of merchantability or fitness for a particular purpose.
  • 10.2 Mercer Lane does not guarantee the accuracy, reliability, or completeness of any information provided through the Services.

11. Limitation of Liability

  • 11.1 To the fullest extent permitted by law, Mercer Lane shall not be liable for any indirect, consequential, exemplary, or special damages, including loss of profits, even if we have been advised of the possibility of such damages.
  • 11.2 In no event shall Mercer Lane’s total liability exceed the amount you have paid to us for the Services within the last twelve (12) months.

12. Indemnification

  • 12.1 You agree to defend, indemnify, and hold harmless Mercer Lane and its affiliates from and against any claims, damages, obligations, losses, liabilities, or expenses arising from:
    • Your use or misuse of the Services.
    • Your violation of these Terms or any applicable law.
    • Your infringement of any third party’s rights, including intellectual property rights.

13. Termination

  • 13.1 You may terminate your account at any time by contacting Mercer Lane support or using the cancellation features of the Service.
  • 13.2 Mercer Lane may terminate or suspend your access to the Services for breach of these Terms or for any reason at its sole discretion.

14. Governing Law and Dispute Resolution

  • 14.1 These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
  • 14.2 Any disputes shall be resolved in the state or federal courts located in New York County, New York, and you consent to the jurisdiction of such courts.

15. Miscellaneous

  • 15.1 Entire Agreement. These Terms, along with any applicable Subscription Agreements, constitute the entire agreement between you and Mercer Lane regarding the Services.
  • 15.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
  • 15.3 No Waiver. Failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
  • 15.4 Assignment. You may not assign or transfer these Terms without Mercer Lane’s prior written consent. Mercer Lane may freely assign these Terms.

If you have any questions regarding these Terms of Service, please contact us at:

Email: max@mercerlanecapital.com

Address: Mercer Lane, LLC, 99 John St, New York, NY 10038

Disclaimer: This document is provided for informational purposes only and does not constitute legal advice. Mercer Lane, LLC recommends consulting with a qualified legal professional to ensure compliance with all relevant laws and regulations in your jurisdiction.