Terms of Service
The binding contract between you and EURL ZENATI for the MERCI! service. Plain-English summaries appear in yellow for convenience only - the full text below governs.
1. Operator & legal notice
TL;DR - “MERCI!” is operated by EURL ZENATI, a French company based in Paris.
The MERCI! websites, applications and services (together, the “Service”) are published and operated by EURL ZENATI, a single-member limited liability company (entreprise unipersonnelle à responsabilité limitée) organized under the laws of France, registered with the Paris Trade and Companies Register (RCS Paris) under number 981 830 227, with its registered office at 60 rue François 1er, 75008 Paris, France (the “Company”, “we”, “us”). EU VAT number: FR42 981 830 227. Contact: legal@merci.0x12.eu. Publication director: the legal representative (gérant) of EURL ZENATI. “MERCI!” is a trade name of EURL ZENATI.
Infrastructure provider: Scaleway (Paris region, France), running self-hosted Appwrite. Authentication, the database, file storage, account emails and this website are hosted there. Contact: legal@merci.0x12.eu.
2. Acceptance & scope
TL;DR - Using MERCI! means you accept these Terms. Personal use only.
By creating an account, clicking “I agree”, or using the Service, you enter into a binding agreement with the Company consisting of these Terms, the Acceptable Use Policy and the Privacy Policy, which are incorporated by reference. If you do not agree, you must not use the Service. In case of conflict, these Terms prevail over the incorporated policies. The Service is intended for consumers acting for personal, non-commercial purposes; any professional use is at your own risk and, to the extent permitted by law, without the protections these Terms grant to consumers.
3. Eligibility & account
TL;DR - 15+ in France (13+ elsewhere unless local law says more). Guard your password; what happens on your account is on you.
You must be at least 15 years old in France, and otherwise at least 13 or the higher minimum age applicable in your country; below the age of digital majority, a guardian must consent and supervise. You warrant that the registration information you provide is accurate and kept up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity conducted through your account, whether or not authorized by you, until you notify us at security@merci.0x12.eu. We strongly recommend enabling two-factor authentication. We may refuse registration, limit the number of free accounts per person, and suspend accounts showing signs of compromise, fraud or automated abuse.
4. Your content
TL;DR - Your files stay yours. You're responsible for them. We host; we don't monitor. Keep your own backup of anything irreplaceable.
You retain all rights in the files you store (“Content”). You grant the Company a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display and back up Content solely to the extent technically necessary to provide the Service to you and to those you share with. We claim no other rights; we do not use Content for advertising and do not train AI models on it. Content is encrypted in transit but not on your device: it is stored on our infrastructure in Paris in a form the Service can read, so that it can operate (for example to generate previews). The Company can therefore technically access Content, but does not proactively inspect it.
You are solely responsible for your Content and warrant that you hold all necessary rights to it and that it is lawful. The Company acts as a hosting provider within the meaning of applicable French and EU law (LCEN; Digital Services Act) and assumes no general obligation to monitor Content. Upon valid notice of manifestly unlawful Content, we may remove or disable access to it without prior warning and without liability to you. The Service is not an archival or escrow service: you must keep independent copies of Content whose loss would be irreparable.
5. Plans & pricing
TL;DR - MERCI! is free for now. Paid storage is not on sale yet, and no payment details are collected.
The Service is currently provided free of charge, within the storage quota of the free plan shown on the pricing page. The paid storage tiers shown there are not on sale yet: the Company collects no payment and processes no payment details. Paid tiers will be subject to price, renewal, withdrawal and refund conditions added to these Terms before they open.
When your quota is reached, new uploads are paused until you free up space; Content already stored is not deleted.
6. Acceptable use
TL;DR - Don't harm people, break the law, or abuse the infrastructure.
Use of the Service is subject to the Acceptable Use Policy. We may apply reasonable technical limits (bandwidth, API calls, link traffic) to protect the integrity of the Service for all users, and may throttle, suspend or terminate accounts in accordance with Section 13 where we reasonably believe the Service is used in breach of the AUP, to create legal exposure for the Company, or to endanger the network or other users.
7. Intellectual property
TL;DR - The app, the brand and the logo are ours. Your feedback may be used freely.
The Service, including its software, interfaces, design, text, logos and the “MERCI!” name and marks, is the exclusive property of the Company or its licensors and is protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use our applications solely to access the Service. Except as permitted by mandatory law (e.g. Article L.122-6-1 of the French Intellectual Property Code), you may not copy, modify, distribute, sell, rent, decompile or reverse-engineer any part of the Service, nor use the MERCI! name or marks without our prior written consent. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or compensation.
8. Third-party services & app stores
TL;DR - Other people's services follow other people's rules.
The Service may interoperate with third-party services (e.g. Google or Apple sign-in, app stores). Their use is governed solely by their own terms and privacy policies; the Company makes no warranty and assumes no liability for third-party services, their availability, or changes to their interfaces. Where you obtain our apps through an app store, the store's terms apply in addition; the store is not a party to these Terms and owes you no obligations under them.
9. Service changes & beta features
TL;DR - The product will evolve. Betas can break or disappear.
We continuously improve the Service and may add, modify or discontinue features. For modifications that materially degrade the core functionality of a paid plan, we will give at least 30 days' notice, and you may terminate with a pro-rata refund of any prepaid unused period as your sole and exclusive remedy. Features labelled beta, preview or experimental are provided strictly “as is”, may be modified or withdrawn at any time without notice, and are excluded from any availability or quality commitments.
10. Warranties & availability
TL;DR - We aim for boring reliability but promise no perfection. Your statutory consumer guarantees remain untouched.
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, and the Company disclaims all warranties not expressly stated in these Terms, including uninterrupted or error-free operation, fitness for a particular purpose, and that the Service will meet your requirements. We may perform scheduled maintenance and will use reasonable efforts to announce it in advance. Nothing in this section excludes or limits the statutory guarantees owed to consumers under French and EU law for digital content and services (including the legal guarantee of conformity, Articles L.224-25-12 et seq. of the French Consumer Code) or any other right that cannot be waived by contract.
11. Limitation of liability
TL;DR - Our liability is capped at what you paid us in the last 12 months (or €50 if more). Mandatory consumer rights are never limited.
To the maximum extent permitted by applicable law: (a) the Company shall not be liable for indirect or consequential damage, loss of profits, loss of opportunity, or loss of data to the extent such loss results from your failure to keep the independent copies described in Section 4; and (b) the Company's aggregate liability for all claims arising out of or relating to the Service in any 12-month period shall not exceed the greater of the amounts you paid the Company during the 12 months preceding the first event giving rise to liability, or €50.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud (dol) or gross negligence (faute lourde), or any liability that cannot be excluded or limited under French law, nor does it affect your mandatory rights as a consumer. Any claim must be brought within the applicable statutory limitation period.
12. Force majeure
TL;DR - Nobody is liable for the impossible.
Neither party is liable for a failure or delay caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code, including natural disaster, war, terrorism, riot, government action, general failure of the internet or energy networks, failure of suppliers or hosting providers, or large-scale cyberattack occurring despite reasonable security measures. Obligations are suspended for the duration of the event; if it persists beyond 60 days, either party may terminate affected subscriptions with a pro-rata refund of prepaid unused amounts.
13. Suspension & termination
TL;DR - You can delete your account from Settings at any time. Deletion is immediate and irreversible, so download what you want to keep first.
You may stop using the Service and delete your account from Settings at any time, after confirming a one-time code sent by email (or generated by your authenticator app if two-factor authentication is enabled). Deletion takes effect immediately and is irreversible: your Content, share links and account data are erased and cannot be restored. Before confirming, download individually any Content you want to keep; the current product does not offer a bulk export or a post-termination export window. We may suspend or terminate your access: (a) where required by law or a competent authority; or (b) after notice and a reasonable opportunity to cure, except for a serious breach that cannot be cured, in case of material violation of these Terms or the AUP. Sections 4 (licence, for pending transmissions), 7, 11, 12, 14 and 15 survive termination.
14. Governing law, mediation & disputes
TL;DR - French law. Write to us first; free consumer mediation next; courts last.
These Terms are governed by French law, without prejudice to mandatory protections of the country where you habitually reside. Before any legal action, you may send a written claim to legal@merci.0x12.eu. If unresolved, eligible consumers may use the mediation or dispute-resolution processes available under applicable law. Consumers may bring proceedings before the courts of their own domicile or of the Company's registered office; for any non-consumer dispute, the courts of Paris have exclusive jurisdiction, including for interim relief.
15. Miscellaneous
TL;DR - Standard legal housekeeping.
Changes to these Terms. We may amend these Terms and will provide notice where and in the manner required by applicable law. Your mandatory rights remain available if a change materially affects the Service. Severability. If a provision is held invalid, the remainder stays in force and the provision is replaced by a valid one closest to its intent. No waiver. Failure to enforce a provision is not a waiver. Assignment. You may not assign this agreement; the Company may assign it to an affiliate or in connection with a merger, acquisition or sale of assets, with notice to you and without reduction of your rights. Notices. We may notify you by email to your registered address or in-app; notices are deemed received upon sending. Language. These Terms are drafted in English for convenience; where a French version is published, the French version prevails for consumers residing in France. Entire agreement. These Terms, with the incorporated policies, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements on that subject.