Cheeky Merlin

Powered By Black X Marketing

Terms of Service

These Terms of Service ("Terms") govern access to and use of Cheeky Merlin, a software platform built and operated by Black X Marketing ("we," "us," "our"). By creating an account, subscribing, or otherwise using Cheeky Merlin, you ("you," "your," "Customer") agree to these Terms. If you're agreeing on behalf of an agency or other organization, you're confirming you have the authority to bind that organization, and "you" refers to that organization.

What Cheeky Merlin is

Cheeky Merlin is a multi-tenant operations platform for marketing agencies — managing clients, campaigns, content, scheduling, and connections to your clients' own advertising and social media accounts, with AI-assisted drafting throughout. Each subscribing organization ("tenant") gets an isolated workspace; tenant data is not visible to other tenants.

A White Label subscription additionally allows a tenant to create and manage its own branded sub-accounts for its own clients ("Sub-Accounts") — see the White Label section below for what that specifically means.

Accounts

• You must be at least 18 years old and using Cheeky Merlin for business purposes, not personal or household use.
• You're responsible for the accuracy of information you provide and for safeguarding your login credentials. Notify us promptly at the contact below if you suspect unauthorized access to your account.
• You're responsible for the actions of every team member you invite into your tenant, and for setting their permissions appropriately.

Subscription plans & billing

• Subscriptions are billed in advance through Stripe, our payment processor. We don't store your card details ourselves.
• New subscriptions may include a 14-day free trial, during which you may cancel without charge. After the trial (or immediately, for plans without one), your subscription renews automatically each billing period until canceled.
• Plan usage caps (client count, team seats, Sub-Account count) are enforced in the product; exceeding an included amount on a metered plan results in additional charges as described on that plan's pricing.
• Cancellation is currently handled by contacting us directly at the email below — self-service cancellation from within the product isn't available yet. We'll process a cancellation request within 2 business days and confirm by email; you won't be charged for a subsequent billing period once a cancellation is confirmed before that period starts.
• Fees are non-refundable except where required by law or expressly stated otherwise.

Third-party platform connections

Cheeky Merlin lets you connect real Meta (Facebook/Instagram), Google (Business Profile, Ads, Analytics), and TikTok accounts via each platform's own official login. You represent that you have the authority to connect any account you connect (your own, or your client's with their permission), and you're responsible for complying with each platform's own terms of service when you do. We aren't responsible for a connected platform's availability, API changes, or a connected account being suspended or restricted by that platform.

AI-generated content

Cheeky Merlin uses AI (via Anthropic's Claude) to draft ad copy, social posts, reports, replies to comments/DMs/reviews, and similar content. AI-generated drafts are not published, sent, or acted on automatically — they require a human to review and explicitly approve before anything goes out, with the exception of features you've explicitly configured for automatic action (e.g., a scheduled post you've already approved and scheduled). You're responsible for reviewing AI-drafted content for accuracy before it's approved and published; we make no guarantee that AI-generated content is accurate, appropriate, or free of errors.

White Label & Sub-Accounts

If you subscribe to the White Label plan:

• You may create Sub-Accounts for your own clients and present Cheeky Merlin under your own branding (name, logo, color, and subdomain) to them.
• You are solely responsible for your own relationship, billing, support, and agreements with your Sub-Account clients — we have no direct relationship with them, and these Terms don't create one.
• You're responsible for your Sub-Account clients' compliance with these Terms and Acceptable Use below; violations by a Sub-Account may result in suspension of that Sub-Account or your whole tenant.
• The per-Sub-Account fee is billed based on active Sub-Account count and adjusts automatically as you add or deactivate them.

Acceptable use

You agree not to:

• Use Cheeky Merlin for any unlawful purpose, or to publish content that's illegal, fraudulent, or infringes someone else's rights.
• Use the platform to spam, or to violate the terms of service of any connected third-party platform (Meta, Google, TikTok).
• Attempt to access another tenant's data, probe or bypass the platform's security or rate limits, or reverse-engineer the software.
• Resell or provide access to the platform outside of the White Label Sub-Account mechanism described above.

Data ownership & deletion

You own the business, campaign, and content data you put into Cheeky Merlin. We don't claim ownership of it, and we use it only to provide the service to you (see our Privacy Policy). If your subscription ends, we retain your tenant's data for 30 days in case you resubscribe, then permanently delete it. You may request earlier deletion at any time by contacting us.

Intellectual property

Cheeky Merlin — its software, design, and branding — is owned by Black X Marketing. These Terms grant you a limited, non-exclusive, non-transferable right to use the platform for your business during your active subscription; nothing here transfers ownership of the platform itself to you.

No guaranteed results

Not professional advice

Content and reports Cheeky Merlin generates or helps you generate — including AI-drafted strategy, ad copy, psychographic profiles, and performance reports — are provided for informational purposes to support your own professional judgment. They are not legal, financial, tax, or other professional advice, and shouldn't be treated as a substitute for your own diligence or a qualified professional's advice specific to your situation.

Disclaimer of warranties

CHEEKY MERLIN IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We don't warrant that the platform will be uninterrupted, timely, secure, or error-free, or that any defect will be corrected. You use Cheeky Merlin, and rely on any content it generates, at your own risk.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) BLACK X MARKETING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF CHEEKY MERLIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HERE FAILS OF ITS ESSENTIAL PURPOSE; AND (B) BLACK X MARKETING'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF CHEEKY MERLIN WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US IN THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations apply regardless of the legal theory the claim is based on (contract, tort, negligence, strict liability, or otherwise) and are essential terms of the bargain between us — we would not provide Cheeky Merlin without them. Some jurisdictions don't allow certain limitations, so some of the above may not apply to you to that extent.

Indemnification

You agree to defend, indemnify, and hold harmless Black X Marketing, its owners, and its personnel from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of Cheeky Merlin or content you create, approve, or publish through it (including AI-drafted content you approved); (b) your (or your client's, or your Sub-Account's) violation of these Terms, including Acceptable Use; (c) your violation of any law or a third party's rights, including intellectual property, privacy, or advertising regulations; or (d) a Sub-Account you created under a White Label subscription. We'll give you prompt notice of any such claim and may participate in its defense at our own expense.

Force majeure

Neither party is liable for a failure or delay in performing its obligations (other than payment obligations) caused by events reasonably outside its control — including outages or policy changes at a third-party platform we integrate with (Meta, Google, TikTok, Stripe, our hosting or AI providers), internet or infrastructure failures, natural disasters, or acts of government.

Beta & evolving features

Cheeky Merlin is under active development, and some features may be labeled or communicated as beta, early access, or otherwise still evolving. Such features are provided without warranty of any kind and may be changed or discontinued at any time. Not every feature described in our marketing materials is available for every plan, region, or connected platform at every point in time — check the product itself for current functionality.

Your own backups

While we maintain our own backup practices, you're responsible for maintaining your own copies of any business-critical data (contracts, client deliverables, campaign records) outside the platform. We're not liable for data loss, to the extent permitted by the Limitation of Liability above.

Dispute resolution & arbitration

Please read this section carefully — it affects your legal rights.

• Informal resolution first. Before filing a claim, you agree to contact us at the email below and give us 30 days to resolve the issue informally.
• Binding arbitration. If that doesn't resolve it, any dispute arising out of or relating to these Terms or Cheeky Merlin will be resolved by binding individual arbitration under the rules of the American Arbitration Association, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.
• Class action waiver. Disputes will be resolved on an individual basis only — you and Black X Marketing each waive the right to participate in a class action, class arbitration, or representative action.
• Time limit. Any claim arising out of or relating to these Terms or Cheeky Merlin must be filed within one (1) year after it accrues, or it's permanently barred.

Termination

We may suspend or terminate your access if you materially violate these Terms (including Acceptable Use), or for non-payment after reasonable notice. You may stop using Cheeky Merlin and cancel your subscription at any time by contacting us as described above. The sections of these Terms that by their nature should survive termination — including Indemnification, Disclaimers, Limitation of Liability, and Dispute Resolution — remain in effect after your subscription ends.

Changes to these Terms

We may update these Terms as the product changes. If a change is material, we'll make reasonable efforts to notify active subscribers (e.g., by email) before it takes effect. Continued use after a change takes effect means you accept the updated Terms.

General provisions

• Governing law. These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles.
• Entire agreement. These Terms (with our Privacy Policy) are the entire agreement between you and Black X Marketing regarding Cheeky Merlin, superseding any prior agreement about it, unless we've signed a separate written agreement with you that says otherwise.
• Severability. If any part of these Terms is found unenforceable, the rest remains in full effect, and the unenforceable part will be read to accomplish its intent as closely as the law allows.
• No waiver. Our failure to enforce any part of these Terms isn't a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of our business.

Contact us

Questions about these Terms, or to cancel a subscription: jake@blackxmarketing.com