Terms of Service

1. Who We Are

Mercer & Wren, LLC is a boutique brand and growth firm providing brand strategy, digital presence, growth systems (including AI-powered automation), lead generation, and customer retention services to independent businesses.

2. Use of the Site

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

• Use the Site in any way that violates applicable law or regulation
• Attempt to gain unauthorized access to our systems or another user's account
• Interfere with or disrupt the Site or servers/networks connected to it
• Submit false or misleading information through our forms or tools

3. Diagnostic Tools & Estimates

Our Site may offer free tools (such as a revenue-loss or digital-presence diagnostic) that generate estimates based on publicly available or self-reported data. These tools provide estimates only, not guarantees or professional diagnoses. Actual results for your business may vary. We recommend a consultation with our team before making business decisions based on tool output.

4. Services & Engagements

Specific services (e.g., brand strategy projects, monthly retainers, automation setup) are governed by a separate written service agreement or order form signed by you and Mercer & Wren, which will control over these Terms in the event of a conflict. General terms applicable to all engagements:

• Fees & Billing. Fees, billing frequency, and payment terms are set out in your service agreement. Recurring services are billed via our payment processor (Stripe) on the agreed schedule.
• Cancellation. Cancellation terms are set out in your service agreement. Absent other terms, monthly services may be cancelled with written notice as specified in that agreement; fees already incurred are non-refundable except as required by law or expressly agreed.
• Client Responsibilities. You are responsible for providing accurate business information, timely feedback and approvals, and any consents required for us to communicate with your customers on your behalf (including SMS opt-in language, where applicable).
• No Guarantee of Results. While we design our services to improve client outcomes, we do not guarantee specific results (e.g., revenue increases, lead volume, or booking rates), as these depend on factors outside our control.

5. Text Messaging Compliance (Client Businesses)

If you engage Mercer & Wren for services involving automated text messaging to your customers, you represent and warrant that you will obtain and maintain all consents required by applicable law (including TCPA) for us to send such messages on your behalf, and that you will not direct us to send messages to any contact who has not validly consented or who has opted out.

6. Intellectual Property

All content on the Site — including text, graphics, logos, and the Mercer & Wren brand system — is owned by or licensed to Mercer & Wren and protected by intellectual property laws. You may not copy, reproduce, or use our content without prior written permission, except as necessary to use the Site for its intended purpose.

7. Third-Party Services

Our services rely in part on third-party platforms (such as our CRM, payment processor, and website hosting provider). We are not responsible for outages, errors, or changes in those third-party platforms that are outside our reasonable control.

8. Disclaimers

THE SITE AND ANY FREE TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

To the maximum extent permitted by law, Mercer & Wren shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising from your use of the Site or our services. Our total liability for any claim arising from a paid engagement shall not exceed the amount you paid to us for the service giving rise to the claim in the preceding three (3) months.

10. Indemnification

You agree to indemnify and hold Mercer & Wren harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right, including consent requirements for messaging sent to your customers.

11. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in California.

12. Changes to These Terms

We may update these Terms from time to time. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

13. Contact Us

Mercer & Wren, LLC
Email: hello@mercerandwren.com