Terms of Service
Please read these terms carefully before using our website or engaging our services.
1. Acceptance of Terms
By accessing or using the website mehermsg.com (the "Site") or engaging mehermsg for development services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site or our services.
These Terms constitute a legally binding agreement between you and mehermsg (operating under French law, based at 2 Rte de Thizay, 37500 Lerné, France).
2. Our Services
mehermsg provides custom software development services specialising in messenger applications, communication platforms, APIs, and related technical solutions. The specific scope, deliverables, timeline, and pricing of any engagement are defined in a separate written agreement ("Statement of Work" or "SOW") agreed between the parties.
We reserve the right to refuse or discontinue services at our discretion, including where engagement would violate applicable law or conflict with our values.
3. Website Use
You agree to use this Site only for lawful purposes and in a manner that does not infringe the rights of others. You must not:
- Attempt to gain unauthorised access to any part of the Site or its underlying systems.
- Transmit any harmful, offensive, defamatory, or misleading content.
- Use automated tools to scrape, crawl, or extract content from the Site without our prior written consent.
- Impersonate mehermsg or any of its representatives.
- Use the Site in any way that could damage, disable, or impair its functionality.
4. Intellectual Property
4.1 Our Content
All content on this Site — including text, graphics, logos, code, and design — is the property of mehermsg or its licensors and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
4.2 Client Work
Unless otherwise agreed in a written SOW, upon full payment of all fees, mehermsg assigns to the client full ownership of the bespoke deliverables created specifically for that client. Any pre-existing code, libraries, frameworks, or tools (including open-source components) used within the deliverable remain subject to their respective licences.
4.3 Portfolio Right
Unless explicitly prohibited in writing, mehermsg reserves the right to reference the existence of a client engagement in our portfolio, without disclosing confidential project details.
5. Confidentiality
Both parties agree to keep confidential any non-public information disclosed by the other party in connection with a project ("Confidential Information"). This obligation does not apply to information that: (a) is or becomes publicly available through no breach of this clause; (b) was already known to the receiving party; or (c) is required to be disclosed by law or a competent authority.
6. Payment Terms
Payment terms are specified in each SOW. Unless otherwise agreed:
- Invoices are payable within 30 days of the invoice date.
- Late payments may incur interest at the rate of 3 times the French legal interest rate per annum, plus a fixed recovery fee of €40, as permitted under French commercial law.
- Work may be paused if invoices remain unpaid beyond the agreed payment period.
- All prices are exclusive of VAT unless stated otherwise. VAT will be applied in accordance with applicable French and EU tax regulations.
7. Warranties & Disclaimers
mehermsg warrants that services will be performed with reasonable skill and care in accordance with industry standards. We do not warrant that:
- The Site will be available at all times or free from errors or viruses.
- Any deliverable will be completely free of defects (though we commit to addressing material defects within a reasonable warranty period specified in the SOW).
The Site and its content are provided "as is" without any warranty of merchantability or fitness for a particular purpose, to the fullest extent permitted by law.
8. Limitation of Liability
To the maximum extent permitted by applicable law, mehermsg shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Site or our services, even if advised of the possibility of such damages.
Our total aggregate liability in connection with any engagement shall not exceed the total fees paid by the client for the specific project giving rise to the claim.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under French law.
9. Indemnification
You agree to indemnify and hold harmless mehermsg, its employees, and contractors from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Site or services; (b) your breach of these Terms; or (c) your infringement of any third-party rights.
10. Termination
Either party may terminate a project engagement in accordance with the terms specified in the SOW. mehermsg reserves the right to suspend or terminate access to the Site immediately if you violate these Terms. Upon termination, you must cease using any mehermsg-owned materials not yet assigned to you under a completed SOW.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of France. Any dispute arising from or relating to these Terms shall first be referred to good-faith negotiation. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the competent courts of Tours (Indre-et-Loire), France.
12. Changes to These Terms
We may revise these Terms at any time. The revised version will be posted on this page with an updated "Last updated" date. Continued use of the Site or our services after changes are posted constitutes acceptance of the revised Terms.
13. Contact
For any questions regarding these Terms, please contact:
Alix Cherriau — mehermsg
2 Rte de Thizay, 37500 Lerné, France
Email: info@mehermsg.com.com