These Terms of Service ("Terms") govern your access to and use of the website at marginosa.com (the "Site") and any related services provided by Mercer Unlimited, Inc. dba Marginosa ("Marginosa," "we," "us," or "our"). By accessing the Site or applying to participate in the Pilot Program, you agree to these Terms.
1. Eligibility
The Marginosa Pilot Program is offered to independent retail flower shops based in the United States. By submitting a Pilot application, you represent that you are at least 18 years old and authorized to enter agreements on behalf of the business you represent.
2. Description of Service
Marginosa provides margin-intelligence analysis for independent flower shops. The current public service is the Pilot Program: a no-cost engagement in which we analyze a shop's supplier invoices and recipes to produce a custom profitability report.
The Site itself is informational. You are not required to create an account to view it.
3. The Pilot Program
If you are accepted into the Pilot Program:
- Participation is free. No payment is required and no payment information is collected.
- You may share supplier invoices, recipes, and related operational data with us through a secure upload link we provide.
- We will use the data you share solely to prepare your profitability report and to validate our underlying systems.
- You retain ownership of your business data. We do not claim any rights to it. We will not share, sell, or publicly display your data without your written permission.
- In return, we ask for your honest feedback on the report and the experience.
- Either party may end the engagement at any time. If you end your participation, we will stop processing your data and, on request, delete the data we hold.
4. Acceptable Use
When using the Site, you agree not to:
- Attempt to gain unauthorized access to any part of the Site or its underlying infrastructure
- Submit information that is false, misleading, or violates the rights of others
- Use the Site to send unsolicited communications
- Interfere with the operation of the Site or other users' use of it
5. Intellectual Property
All content on the Site, including the Marginosa name, logo, text, graphics, and software, is owned by us or our licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written permission, except where such use is permitted by law.
Reports we deliver to Pilot participants are licensed to those participants for their internal business use. You may not redistribute or resell the reports.
6. Confidentiality
Information you share with us in connection with the Pilot Program (including supplier invoices, recipes, vendor relationships, and operational details) is treated as confidential. We will not disclose it to third parties without your consent, except to service providers acting on our behalf and bound by confidentiality obligations, or as required by law.
7. Disclaimers
The Site and the Pilot Program are provided "as is" and "as available." We make no warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. The profitability report is informational and not financial, accounting, or legal advice. Decisions you make based on the report are your own.
8. Limitation of Liability
To the maximum extent permitted by law, Mercer Unlimited, Inc. dba Marginosa and its officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from your use of the Site or the Pilot Program. Our total liability for any claim arising under these Terms will not exceed one hundred U.S. dollars ($100).
9. Indemnification
You agree to indemnify and hold harmless Mercer Unlimited, Inc. dba Marginosa from any claim arising out of your breach of these Terms or your misuse of the Site or the Pilot Program.
10. Termination
We may suspend or terminate your access to the Site or the Pilot Program at any time, with or without notice, if we reasonably believe you have violated these Terms or for any other reason. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, governing law) will survive.
11. Governing Law
These Terms are governed by the laws of the State of Ohio, without regard to its conflict of laws principles. Any dispute arising under these Terms will be resolved in the state or federal courts located in Ohio, and you consent to the personal jurisdiction of those courts.
12. Changes
We may update these Terms from time to time. When we do, we will revise the "Effective" date at the top. Material changes will be communicated through the Site or by email if appropriate. Continued use of the Site after changes constitutes your acceptance of the revised Terms.
13. Contact
Questions about these Terms? Email admin@marginosa.com.
Operated by Mercer Unlimited, Inc. dba Marginosa. Questions: admin@marginosa.com.