Terms of Service

Who these Terms are with

The Service is provided by Happo LLC, a Delaware limited liability company (“Happo”, “we”, “us”). If you use the Service, you agree to these Terms. If you do not agree, do not use it.

If you use the Service on behalf of an organization, you confirm that you have authority to bind that organization, and “you” includes that organization. Merrykat is a professional tool for software teams. It is offered to businesses and to individuals acting in a business or professional capacity, not as a consumer product.

Questions about these Terms: support@happo.io.

The Service

Merrykat compares Storybook builds so teams can review visual and accessibility changes during code review. You connect the repositories you want watched, upload static Storybook builds from CI, and the Service compares a change against its baseline, comments on the review, and reports a status for that change.

Merrykat does not need permission to read repository contents, and does not take it. The only source that reaches us is what you upload: Storybook builds, and, unless you turn it off, the git diff of the pull request under review.

We may change, suspend, or discontinue parts of the Service. We will try to give reasonable notice when a change would materially affect paying customers. We do not promise any particular uptime, response time, or that every visual or accessibility regression will be caught.

Accounts

You access the Service by signing in through the source-control provider that hosts your repositories, and by installing Merrykat on the accounts you want it to watch. You are responsible for that account, for anyone who uses the Service through your installation, and for activity that happens under it.

If you discover or suspect a security issue with the Service, tell us promptly at security@happo.io.

Your content

You retain whatever rights you already have in the content you make available to the Service, including Storybook builds, diffs, screenshots produced from those builds, run results, configuration, and related metadata (“Customer Content”).

You grant Happo a worldwide, non-exclusive license to host, store, render, copy, transmit, and otherwise process Customer Content solely as needed to provide, maintain, secure, and support the Service — including sending selected screenshots, metrics, and (unless you disable it) excerpts of a change to subprocessors that help us operate the Service.

You are responsible for Customer Content: that you have the rights needed to grant that license, that using the Service with it does not violate law or third-party rights, and that any personal data in it was collected and shared with us lawfully. If you use Merrykat for an organization, that organization is responsible for Customer Content it submits.

We do not publish Customer Content as a public gallery. Comments and statuses the Service posts back to your source-control provider are visible to anyone who can already see that review. That is how those tools work, not Merrykat making your files public.

Acceptable use

You may not use the Service to:

• break the law, or infringe anyone’s intellectual-property or privacy rights;
• interfere with, overload, or disrupt the Service, or anyone else’s use of it;
• probe, scan, or test the Service for vulnerabilities, or try to bypass isolation, rate limits, or other protections, except as a coordinated report to security@happo.io;
• impersonate another person or organization, or misrepresent your affiliation with one;
• upload malware or other harmful code;
• resell, sublicense, or provide the Service to third parties except as we agree in writing.

Third-party services

The Service works with things we do not operate: your source-control provider, your CI, payment processing, hosting and storage, analytics, and (when enabled) third-party models. Their terms and privacy policies govern your use of them. We are not responsible for those services.

AI features

Parts of the Service may use third-party models to shortlist and explain visual changes. That output is generated automatically, can be wrong, and is for review only. The pass/fail outcome of a run does not depend on the model.

You can turn the AI layer off, or limit what it receives, in configuration. We do not warrant that any explanation, severity, or shortlist will be complete or correct. We do not use Customer Content to train models. When a third-party model is used, it receives only what that feature needs for that run.

Fees and billing

New workspaces may start on a trial. When a trial ends, further runs may complete without a comparison until you subscribe. Current plans and prices are on the pricing page.

Paid plans are subscriptions billed in advance through our payment processor. Usage beyond what a plan includes may be billed as overage. Subscriptions renew until cancelled. We may change prices with notice; a price we have committed to keep for a stated period stays in effect for that period. We may suspend the Service for non-payment.

To change or cancel a subscription, contact support@happo.io. Uninstalling Merrykat does not by itself cancel a paid subscription. Fees already charged are non-refundable except where required by law.

You are responsible for any taxes that apply to your purchase, other than taxes on our income.

Our materials

The Service — including the Merrykat name, logo, design, software, and documentation, but excluding Customer Content — is owned by Happo or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service as these Terms allow.

You may not copy, modify, reverse engineer, or use the Service to build a competing product, except to the extent applicable law does not allow us to restrict that. You may link to the public website. You may not frame it, or use our marks, without our written consent.

Confidentiality

Customer Content is your confidential information. We will not use or disclose it except to provide the Service, as these Terms and the privacy policy allow, or as required by law. We will take reasonable steps to protect it, and we will require subprocessors who see it to do the same.

Our non-public business, technical, and pricing information is our confidential information. You will not disclose it except as required by law or as needed to use the Service.

These duties do not apply to information that is public through no fault of the receiving party, already independently known, or rightfully received from someone else without a duty of confidence.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT IT WILL CATCH EVERY VISUAL OR ACCESSIBILITY REGRESSION.

Some places do not allow certain disclaimers. In those places, this section applies to the fullest extent the law allows.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO HAPPO FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM. IF YOU HAVE NOT PAID US IN THAT PERIOD, OUR LIABILITY IS LIMITED TO ONE HUNDRED US DOLLARS (US $100). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or for death or personal injury caused by negligence where that limitation is prohibited.

Indemnity

You will defend, indemnify, and hold Happo harmless from claims, damages, and reasonable costs (including attorneys’ fees) arising from Customer Content, your use of the Service, or your breach of these Terms — except to the extent a claim is caused by our willful misconduct.

Privacy

How we collect and use information is described in our privacy policy.

Changes to these Terms

We may update these Terms. The revised Terms take effect 30 days after we post them (the date at the top of this page) or sooner if we give you a way to accept them immediately. Continued use after that date is acceptance. If you do not agree, stop using the Service and cancel any subscription.

Term and termination

These Terms apply until you stop using the Service or we terminate them. We may suspend or end access if you breach these Terms, if we have to for security or legal reasons, if you do not pay amounts due, or if your subscription ends.

You may stop at any time by uninstalling Merrykat and, if you have a paid subscription, cancelling it as described above. After the Service ends, Customer Content is handled as described in the privacy policy. Provisions that should survive — including your content license for copies we already processed, confidentiality, disclaimers, limits of liability, indemnity, and governing law — survive.

Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction, and you consent to them.

If you are using the Service as a consumer in a country whose laws do not allow that choice of law or venue, those mandatory rules apply to the extent they must. That does not change the professional-use nature of the Service.

General

If you have a separate written agreement with Happo that covers the Service, that agreement controls if it conflicts with these Terms. Otherwise these Terms are the entire agreement for the Service and replace prior terms on the same subject.

If a court finds a part of these Terms unenforceable, the rest still applies. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries.

You represent that you are not barred from using a US-based service under applicable export-control or sanctions law, and that you will not use the Service in a way that violates those laws.

Feedback you give us about the Service may be used freely, without obligation to you.

Notices to Happo may be sent to support@happo.io. We may notify you through the Service, by email associated with your account, or by posting on merrykat.dev.