Last updated: 17/09/2026

Terms of Use

United States Canada and European Union

These Terms govern the public Mercury website and are drafted for an informational business-to-business experience. They separate general website information from any future commercial agreement for equipment, managed retail services, property placement or brand participation.

1. Acceptance of the Terms

These Terms of Use govern access to and use of [WEBSITE URL] and any other website operated by Swyft, Inc., doing business as Mercury Automated Retail Solutions, that links to these Terms.

By accessing or using the website, you agree to these Terms and acknowledge the Mercury Privacy Policy. If you do not agree, do not use the website. If you use the website for an organization, you represent that you have authority to bind that organization.

2. About the Website

The website provides general information about Mercury, automated retail services, location partnerships, brand partnerships and related business opportunities. Website content is for informational and preliminary business-development purposes. It is not a binding offer, guarantee, professional recommendation or commitment to deploy a particular retail format.

Any deployment, commercial relationship, pricing, service level, property arrangement or brand program will be governed by a separate written agreement.

3. Eligibility

You must be legally capable of agreeing to these Terms. The website is designed for business and professional audiences and is not directed to children.

4. Permitted Use

Mercury grants you a limited, revocable, nonexclusive and nontransferable right to access and use the website for lawful informational and business purposes.

Do not violate applicable law or regulation.
Do not interfere with website operation or security or attempt unauthorized access.
Do not introduce malware, harmful code or disruptive technology.
Do not scrape, harvest or systematically extract content or personal information without written permission.
Do not use automated systems that impose an unreasonable burden on the website.
Do not misrepresent identity, authority, affiliation or intentions.
Do not submit unlawful, fraudulent, defamatory or infringing material.
Do not reverse engineer the website except where such a restriction is prohibited by law.
Do not remove proprietary notices or imply an unauthorized Mercury affiliation or endorsement.

5. Information You Submit

You represent that information you submit is accurate, lawful and provided with appropriate authority. Do not submit sensitive information Mercury has not requested, payment-card information, government identification numbers, medical information, passwords, third-party confidential information or information you are not authorized to provide.

Submitting a contact or assessment form does not create a customer, agency, franchise, partnership, fiduciary or contractual relationship. Mercury may evaluate and respond to submitted information in accordance with its Privacy Policy.

6. Intellectual Property

The website and its content, including text, designs, graphics, photographs, videos, interfaces, software, trademarks, service marks and logos, are owned by or licensed to Mercury and protected by applicable law.

Mercury, Mercury Automated Retail Solutions, associated logos and related branding are trademarks or service marks of Mercury or their respective owners. Except as expressly permitted, content may not be copied, modified, distributed, republished, displayed, transmitted, licensed or commercially exploited without prior written permission.

7. Feedback

If you voluntarily provide suggestions or feedback concerning the website or Mercury's services, you grant Mercury a worldwide, perpetual, irrevocable and royalty-free right to use and incorporate that feedback without restriction or compensation. This provision does not transfer ownership of confidential information governed by a separate written confidentiality agreement.

8. Third Party Links and Services

The website may link to third-party websites, platforms or services. These resources are provided for convenience and do not imply endorsement. Mercury does not control and is not responsible for third-party content, availability, security, terms or privacy practices.

9. Accuracy and Availability

Mercury seeks to provide useful and current information but does not guarantee that website content is complete, accurate, current or error-free. Descriptions, configurations, availability, illustrations, photographs, specifications and business outcomes may change. Images and diagrams may be representative rather than final.

Mercury may change, suspend or discontinue any part of the website without notice, subject to applicable law.

10. No Guaranteed Results

Examples, case studies, projections, campaign targets and potential outcomes do not guarantee future results. Retail performance may depend on location, traffic, assortment, pricing, operating conditions, demand, approvals, third-party services and factors outside Mercury's control.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED AS IS AND AS AVAILABLE. MERCURY DISCLAIMS EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY AND SECURITY. MERCURY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM HARMFUL COMPONENTS. NOTHING IN THESE TERMS EXCLUDES A RIGHT OR WARRANTY THAT CANNOT LAWFULLY BE EXCLUDED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCURY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS OR GOODWILL ARISING FROM THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCURY'S TOTAL LIABILITY ARISING FROM THE WEBSITE WILL NOT EXCEED THE GREATER OF THE AMOUNT PAID SPECIFICALLY FOR WEBSITE ACCESS DURING THE PREVIOUS 12 MONTHS OR US 100. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Mercury and its affiliates, officers, directors, employees and agents from claims, liabilities, damages, losses and reasonable expenses arising from unlawful or unauthorized website use, violation of these Terms, submitted material, infringement of another party's rights, or fraudulent, willful or negligent conduct. This section does not apply where prohibited by consumer law.

14. Privacy

Mercury's collection and use of personal information are governed by the Mercury Privacy Policy and applicable cookie-preference disclosures.

Privacy Policy - www.mercuryautomatedretailsolutions.com/privacy-policy
Cookie preferences [COOKIE SETTINGS LINK]
Privacy choices [YOUR PRIVACY CHOICES LINK IF APPLICABLE]

15. Electronic Communications

When you submit a form or communicate electronically, you consent to receiving responsive electronic communications. Marketing communications will be sent only as permitted by law, and marketing consent may be withdrawn at any time.

16. Suspension and Termination

Mercury may restrict or terminate website access if it reasonably believes you violated these Terms, created a security or legal risk, or misused the website. Provisions that should survive by their nature remain effective, including intellectual-property, disclaimer, liability, indemnification and dispute provisions.

17. Governing Law and Disputes

These Terms are governed by the laws of Delaware, United States, without regard to conflict-of-law principles. Subject to mandatory law, disputes will be brought exclusively in the state or federal courts located in Delaware, United States, and each party consents to their jurisdiction.

Nothing in these Terms deprives an individual in Canada, the European Union or another jurisdiction of mandatory consumer protections or a right to bring a claim before a court or regulator where applicable law does not permit waiver.

Counsel decision required: confirm whether Mercury wants court litigation, informal resolution or a U.S.-only arbitration and class-waiver provision.

18. Export and Sanctions Compliance

You may not use the website in violation of applicable export-control, trade-sanctions or anti-boycott laws. You represent that you are not prohibited from receiving services under applicable trade restrictions.

19. Changes to These Terms

Mercury may update these Terms periodically. Updated Terms become effective when posted unless a later date is stated. Mercury will provide any additional notice required by applicable law for changes that materially affect existing legal rights.

20. General Provisions

These Terms and incorporated documents constitute the agreement governing website use. If a provision is invalid or unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions remain effective.

Failure to enforce a provision is not a waiver. You may not assign your rights without Mercury's written consent. Mercury may assign these Terms in connection with a restructuring, merger, acquisition or asset transfer. Headings are for convenience and do not affect interpretation.