Terms and Conditions END USER LICENSE AGREEMENT
Last updated March 05, 2025
Merci E is licensed to You (End-User) by Merci E, located in Bafoussam, Quartier Tamdja, Cameroun (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore and Google Play, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and/or Google Play is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Merci E, not Apple or Google Play, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Merci E acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
THE APPLICATION
Merci E (here in after: Application) is a piece of software – a rideshare platform customized for Apple and Android mobile devices – used to connect riders to drivers so they can get from point A to point B at the push of a button.
The Application is not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA, etc.); if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate applicable regulations.
COLLECTION AND USE OF LOCATION DATA
1.1 We collect location data to enhance your experience on our application. These data may be collected while the application is in use or in the background, depending on the settings you have accepted.
1.2 The collected data include:
- Real-time GPS location
- Background location (if authorized)
- Trip history for service improvement
1.3 These data are collected for the following purposes:
- To enable real-time trip tracking
- To improve service efficiency and accuracy
- To ensure user safety
1.4 The collected data are used solely for the proper functioning of the application. They are neither sold nor shared with unauthorized third parties. Some data may be temporarily stored on our servers for analysis and service improvement.
1.5 We do not share your personal data with third parties except in the following cases:
- When you use integrated third-party services (e.g., Google Maps for navigation)
- To comply with legal obligations or protect users
SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Google Products that You (End-User) own or control, as permitted by the Usage Rules and the App Store Terms of Service, except that such Application may be accessed by other accounts associated with You via Family Sharing or volume purchasing.
2.2 This license also governs any updates of the Application provided by Licensor that replace, repair, or supplement the original Application, unless a separate license is provided for such update.
2.3 You may not share or make the Application available to third parties (except as allowed by the Apple Terms and Conditions, with Merci E's written consent), sell, rent, lend, lease, or otherwise redistribute the Application.
2.4 You may not reverse engineer, decompile, disassemble, modify, or create derivative works of the Application (except with Merci E's written consent).
2.5 You may not copy or alter the Application (except when expressly authorized) and may only create copies for backup purposes on devices that you own or control. Intellectual property notices must not be removed.
2.6 Violations of these obligations may result in prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should restrict third-party terms; you must comply with applicable third-party terms when using the Application.
TECHNICAL REQUIREMENTS
3.1 Licensor strives to keep the Application updated to comply with new firmware and hardware, but you are not entitled to claim an update.
3.2 It is your responsibility to ensure that your device meets the technical specifications required for the Application.
3.3 Licensor may modify the technical specifications at any time.
MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for maintenance and support services for the Application. Contact details are provided in the App Store or Google Play Overview.
4.2 Apple and Google Play have no obligation to furnish maintenance and support services for the Application.
USE OF DATA
You acknowledge that Licensor may access and adjust your downloaded Application content and personal information, subject to your agreements with Licensor and Licensor's privacy policy: http://www.mercie.com/privacy.
SMS NOTIFICATIONS
By signing up for our App, you have the option to receive notifications via SMS. To activate this feature, you must check a box explicitly confirming your consent to receive messages (such as notifications, updates, promotional offers, etc.) from Merci E. This consent serves as proof of opt-in and is stored to meet the verification requirements of our SMS service partners, including Twilio.
You can withdraw your consent at any time by replying "STOP" to one of our SMS messages or by contacting our customer support at support@mercie.com. Please note that withdrawing your consent will not affect the legality of any communications sent before the withdrawal.
USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you hereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions.
You have obtained the necessary consent from any identifiable individual included in your Contributions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited advertising or spam.
Your Contributions are not obscene, lewd, or otherwise objectionable.
Your Contributions do not ridicule, mock, or abuse anyone.
Your Contributions are not used to harass or threaten any person.
Your Contributions do not violate any applicable law or regulation.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not solicit personal information from minors or exploit them.
Your Contributions do not contain material that violates child protection laws.
Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or disability.
Your Contributions do not otherwise violate these Terms of Use or any applicable law.
Any use of the Application in violation of the foregoing may result in termination or suspension of your rights to use the Application.
CONTRIBUTION LICENSE
By posting your Contributions to the Application or linking your social networking accounts, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, reproduce, modify, distribute, and display your Contributions for any purpose. This license applies to any media formats now known or hereafter developed. You retain full ownership of your Contributions, but you waive any moral rights associated with them.
We reserve the right to edit, re-categorize, or delete any Contributions at our sole discretion without notice.
LIABILITY
8.1 Licensor's liability for any breach or tort shall be limited to cases of intent or gross negligence. In the event of a breach of essential obligations, liability may extend to slight negligence, but is limited to foreseeable and contractually typical damages. This limitation does not apply to injuries to life, limb, or health.
8.2 Licensor is not liable for any damages resulting from a breach of duties as set forth in Section 2. It is your responsibility to back up data on your device.
WARRANTY
9.1 Licensor warrants that the Application is free of malware at the time of download and works as described in the user documentation.
9.2 No warranty is provided for the Application if it has been modified, improperly handled, or used with incompatible hardware or software.
9.3 You must inspect the Application immediately after installation and notify Merci E of any issues within ninety (90) days of discovery.
9.4 If a defect is confirmed, Merci E reserves the right to remedy the situation either by fixing the defect or by providing a substitute version.
9.5 In case of any failure to conform to any warranty, you may notify the App-Store-Operator and receive a refund, subject to applicable law.
9.6 For entrepreneurial users, any claim based on defects expires after twelve (12) months from when the Application was made available. Statutory limitation periods apply for consumer users.
PRODUCT CLAIMS
Merci E and the End-User acknowledge that Merci E, not Apple, is responsible for addressing any claims relating to the Application, including product liability claims, non-conformity with legal requirements, and consumer protection claims.
LEGAL COMPLIANCE
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any prohibited or restricted parties list.
CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the Application, please contact:
Merci E
Bafoussam, Quartier Tamdja, Cameroun
Email: support@mercie.com
TERMINATION
This license is valid until terminated by Merci E or by you. Your rights under this license will terminate automatically if you fail to adhere to any terms of this license. Upon termination, you must cease all use of the Application and destroy all copies.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Merci E represents and warrants that it will comply with applicable third-party terms when using the Application. Apple (or Google Play) shall have the right to enforce this Agreement as a third-party beneficiary upon your acceptance.
INTELLECTUAL PROPERTY RIGHTS
Merci E and the End-User acknowledge that, in the event of any third-party claim of infringement, Merci E (and not Apple) will be solely responsible for handling the claim.
APPLICABLE LAW
This license agreement is governed by the laws applicable in Cameroun.
MISCELLANEOUS
17.1 If any term of this agreement is found invalid, the remaining provisions shall remain in effect. Invalid terms will be replaced by valid ones that achieve the same primary purpose.
17.2 Any collateral agreements, changes, or amendments must be made in writing.
