Legal
Terms and conditions
The rules of using Marcly. Written in plain English but legally binding.
1. Acceptance of these terms
By creating a Marcly account, installing our application, or using the service from https://my.marcly.app, you agree to these terms in their entirety. If you don't agree, you can't use the service.
If you accept on behalf of a company, you represent that you have authority to bind that company to these terms.
2. Eligibility and account
To use Marcly you must:
- Be at least 18 years old or the legal age of majority in your jurisdiction.
- Not be prohibited from receiving the service under the laws of your country.
- Provide truthful information and keep it up to date.
- Keep your password confidential — you are responsible for all activity under your account.
If we detect underage users or false information, we may suspend or delete the account without prior notice.
3. Service description
Marcly is a multi-tenant SaaS platform that lets service professionals (barbers, salons, spas, clinics, etc.) receive bookings via WhatsApp, manage calendars, send automatic reminders, and maintain a public microsite per business.
Marcly is a software service — we don't provide the underlying professional services (haircuts, massages, etc.). We only facilitate appointment management between you and your clients.
We offer free and paid plans. The Free plan stays active as long as the account has regular usage; it doesn't expire over time. Plan-specific features may change — we will notify you with reasonable advance notice.
4. Acceptable use
You agree NOT to:
- Send unsolicited messages (spam) via WhatsApp or collect phone numbers without consent.
- Use Marcly for illegal, fraudulent, deceptive activities, or that infringe third-party rights.
- Reverse-engineer, decompile, mass-scrape, or attempt unauthorized system access.
- Upload defamatory, obscene, violent content or content that infringes IP rights.
- Intentionally overload the infrastructure (DoS, abusive scraping, high-rate automated requests).
- Create multiple accounts to evade limits or suspensions.
- Resell access to the service without our written consent.
We may suspend the account immediately and without refund for serious violations.
5. WhatsApp and Meta policies
You may not use WhatsApp Business through Marcly to: sell goods prohibited by Meta (tobacco, alcohol, weapons, drugs, regulated health products, cryptocurrency as payment, etc.), send bulk messages without opt-in, or initiate conversations with clients who never contacted you first (outside the 24h window or without approved templates).
Repeated violations of Meta policies will result in immediate account suspension without refund.
6. Payments and subscriptions
Free plan
The Free plan costs $0 USD and stays active as long as your account is in regular use. If the account is inactive for more than 12 consecutive months, we may archive it after 30-day notice to your registered email.
Paid plans
Pro and Business plans are billed monthly in USD in advance. Your subscription renews automatically at the end of each period until you cancel from the panel. The amount charged is the price in effect at renewal time.
Price changes
We may change prices with at least 30 days notice to your registered email. If you don't agree, you may cancel before the new price takes effect.
Taxes
Prices shown are pre-tax. You are responsible for taxes that apply in your jurisdiction (VAT, sales tax, income tax, etc.).
7. Cancellation and refunds
You may cancel your subscription at any time from the panel. Cancellation takes effect at the end of the billed period — you keep access to paid features until that date.
General no-refund policy: already-billed payments are non-refundable, except where required by applicable law.
Marcly may terminate the service if: you breach these terms seriously, you stop paying, or we discontinue the service (in which case we'll give you at least 30 days notice).
8. Your end-customer data
When your customers book appointments via WhatsApp or microsite, their data (name, WhatsApp number, optional email, appointment history) is processed by Marcly on your behalf. In legal terms:
- You are the data controller.
- Marcly is the data processor.
You are responsible for informing your customers that their data is processed via Marcly, obtaining their consent when applicable, and complying with data protection laws of your jurisdiction (GDPR, LGPD, local laws).
Marcly processes this data solely for service purposes (appointment management, reminder delivery, public microsite) and under the conditions of our Privacy Policy.
9. User content
You own the content you upload to Marcly (logo, staff photos, service descriptions, etc.). By uploading it you grant us a non-exclusive, worldwide, royalty-free license to display it on your business's public microsite, host it on our infrastructure, and process it to operate the service. This license ends when you delete the content or close the account (with a 30-day backup retention period).
You warrant that you have all necessary rights over the content and that it doesn't infringe third-party rights.
10. Marcly intellectual property
All software, design, the "Marcly" brand, logo, product copy, and documentation are property of Marcly and protected by copyright and trademark law. You may not copy, modify, distribute, or create derivative works without written authorization.
We grant you a limited, non-exclusive, non-transferable license to use the service in accordance with these terms.
11. Third-party services
Marcly relies on third-party services to operate (Twilio for WhatsApp, Cloudflare for storage and CDN, Railway for hosting, Resend for emails, Meta for WhatsApp Business API). Use of the service implies acceptance of these third parties' terms as well.
A complete sub-processor list is in our Privacy Policy.
12. Warranties and limitation of liability
"As-is" service
Marcly is provided "as is" and "as available", without express or implied warranties beyond those required by applicable law. We don't warrant that the service will be uninterrupted, error-free, or meet all your specific requirements.
Limitation of liability
To the maximum extent permitted by law, Marcly's total liability for any claim arising from the service is limited to the amount paid by you in the 12 months preceding the event that gave rise to the claim, or USD $100, whichever is greater.
Marcly will not be liable for indirect, incidental, special, punitive, or consequential damages — including lost profits, data loss, or business opportunities — even if we were advised of the possibility.
13. Indemnification
You agree to indemnify and hold Marcly harmless from any claim, loss, damage, or expense (including reasonable legal fees) arising from:
- Your use of the service in violation of these terms.
- Your violation of third-party rights (including your customers' personal data).
- Your violation of Meta/WhatsApp policies.
- Any content you upload to the service.
14. Changes to these terms
We may update these terms. If changes are substantial, we'll notify you at least 30 days in advance to your registered email. Continued use of the service after the effective date implies acceptance. If you don't agree, you may cancel the account before that date.
15. Governing law and jurisdiction
These terms are governed by the laws of the República de El Salvador. Any dispute will be resolved in the tribunales competentes de San Salvador, República de El Salvador, except where mandatory consumer law of your country of residence requires local jurisdiction.
16. Contact
For any question about these terms:
- Legal matters: legal@marcly.app
- General support: soporte@marcly.app
Marcly · 75 avenida norte, local 3, San Salvador, El Salvador