This agreement is between you and Stochastic Traders (KvK H50872.0), which runs Mercala at mercala.org. It applies from the moment you create an account or first use Mercala.
Mercala is made for people who work with real estate on the Dutch Caribbean islands. You may use Mercala and its data in your own work, including your business as an agent, broker, appraiser, developer or investor. That includes showing figures, charts or listings from Mercala to your own clients, for example in a valuation or a seller presentation, as long as you name Mercala as the source.
You may not:
(a) resell, license or republish Mercala's data, in whole or in substantial part;
(b) copy the database, export it in bulk, or use it to build a competing product or data set;
(c) use automated means to access Mercala;
(d) share your login or let anyone else use your account.
We may change this agreement. If a change affects your price, what your plan includes, your rights, or how we use your data, we will email you at least 30 days before it takes effect. Smaller changes, such as clearer wording or fixed typos, take effect when we publish them here with a new version date.
If you don't accept a change, you can cancel before it takes effect. If you paid in advance for time after that date, we will refund that unused time, worked out by day, to the card you paid with. A price change never applies to time you have already paid for; it starts at your next renewal.
A paid plan can start with a free trial of 14 days, unless we offer a different length when you sign up. You give a card when the trial starts, and nothing is charged during the trial. When it ends, your plan begins and your card is charged automatically, unless you cancel before then in Billing. If you cancel during the trial you pay nothing, and you keep your account as a free member.
One free trial per person.
Mercala offers a monthly plan and a yearly plan. Prices and currency are shown on the pricing page and at checkout. You pay in advance for each period, from the day your plan starts (or your trial ends).
Your plan renews automatically for the same period, and your card is charged on each renewal, until you cancel. Before a yearly plan renews, we email you a reminder at least 7 days in advance. You can cancel any time in Billing. Your plan then keeps running until the end of the period you have paid for, and stops there. Payments are not refunded, in whole or in part, except as clause 2 provides.
Prices do not include taxes, levies or duties, which you pay, except Aruban taxes owed by Stochastic Traders.
You pay by card through our payment provider, Stripe. Your card details go to Stripe; we never see or store your full card number.
If a payment fails, we try your card again over the next 3 weeks and your access stays open meanwhile. You can update your card in Billing. If the payment still fails after that, your plan ends, paid features stop, and your account carries on as a free member. Nothing further is charged.
Do not use Mercala for anything illegal, including anything that infringes copyright.
We may limit, suspend or close an account whose activity is suspicious or does not resemble intended use. Examples: automated access, an unusually high number of searches or downloads, or one account being used from several places at once. Where we reasonably can, we tell you first and give you a chance to explain. A paid plan closed for this reason is not refunded.
An account is for one person. Keep your password to yourself and do not let anyone else sign in with it. You are responsible for what is done under your account. If you think someone else knows your password, change it and tell us at support@mercala.org straight away.
On a team plan, each member gets their own login under the team's account. The team plan's agreement sets how many.
You need a current web browser and an internet connection to use Mercala. Mercala may sometimes be unavailable, for maintenance or for reasons outside our control, such as an outage at our hosting or internet provider. We work to keep interruptions short, but we do not promise that Mercala is always available, and we are not liable for interruptions.
This agreement and our Privacy Policy are the whole agreement between us about Mercala.
Mercala's software, website, database, and the data we collect and compile belong to Stochastic Traders. You may use them as this agreement allows, and you get no other rights in them.
What you add to Mercala stays yours: listings and photos you upload, your notes, your saved searches. By adding it, you allow us to store it, show it on Mercala, and use it to run and improve the service. You confirm that you have the right to add it, for example that you may publish the photos and are entitled to market the listing.
We may keep using what you add in statistics that do not identify you or the property, such as average prices per area, also after you remove it or leave Mercala.
We keep improving Mercala, so features may be added, changed or removed.
If we close Mercala, or permanently remove a main feature of a paid plan, we email you at least 30 days in advance and refund any prepaid time after that date, worked out by day.
Support is by email at support@mercala.org. We aim to reply within 2 working days. Members on a yearly plan are answered first.
You can cancel your plan any time in Billing. It keeps running until its expiry date and is not refunded. Your account then carries on as a free member's.
We may end your plan or close your account if you break this agreement, telling you first where we reasonably can (see clause 6). If we end a paid plan for any other reason, we refund the prepaid time we did not provide, worked out by day.
You can deactivate your account under Account. This signs you out and withdraws any listings you uploaded, but deletes nothing: signing in again restores your account. To have your account and what you added deleted, email support@mercala.org. We do so within 30 days, keeping only what clause 9 allows for statistics and what the law requires us to keep, such as payment records.
Mercala shows asking prices published by brokers and others. These are not the prices properties sold for, unless marked as a closing price. Valuations, suggested asking prices and market figures are estimates calculated from that data, not appraisals. The data comes from many sources and can be incomplete, out of date or wrong. We work to keep it accurate but cannot guarantee it.
Mercala is not a broker and does not give investment, legal or tax advice. Decisions you make using Mercala are your own. Listings and information from brokers, members and other providers are theirs, and we do not vouch for them.
We are not liable for indirect loss, such as lost profit or a lost sale. Our total liability to you over any 12 months is limited to what you paid us in those 12 months. This does not limit our liability for intent or gross negligence, which the law does not allow us to limit.
If someone makes a claim against us because you broke this agreement or the law while using Mercala, you cover our costs of that claim.
If you have a complaint, email support@mercala.org first. We reply within 14 days and try to resolve it with you. This agreement is governed by the laws of Aruba, and disputes go to the courts in Oranjestad.
You must be 18 or older to create an account.
Stochastic Traders, KvK H50872.0
Weg Fontein 23, Aruba
support@mercala.org