Terms of sale

These terms of sale (the “Terms”) govern the use of the Embarq service, published by MENDING, a French SAS with a share capital of €1,000, registered office at 60 rue François 1er, 75008 Paris, France, registered with the Paris RCS under number 992364364, VAT FR47992364364 (“MENDING”, “we”). Contact: [email protected], +33 6 66 21 98 41. This English version is provided for convenience; in case of discrepancy, the French version prevails.

1. Purpose

Embarq is an online service for mobile app makers. In particular, it lets you:

• create a single link that redirects visitors to the App Store, Google Play or a page with a QR code, depending on their device;
• generate and host, from a questionnaire, a privacy policy, terms of use, a support page and an account deletion page;
• view statistics on visits and clicks to the stores;
• control these features from an artificial intelligence agent through an MCP (Model Context Protocol) server.

The Terms apply to every customer, whether a consumer or a business (the “Customer”). They prevail over any other document unless otherwise agreed in writing. The Customer accepts them by ticking the box provided when creating an account. They are available at any time at embarq.mending.fr/en/legal/terms and can be downloaded or printed.

2. Definitions

• Account: the Customer's personal space on Embarq.
• App: a mobile application declared by the Customer on Embarq. The number of Apps is unlimited.
• Public pages: the single link, the desktop page with QR code and the legal pages hosted for each App.
• Visit: a display of a Public page or a redirection performed by the single link.
• Period: the yearly subscription period, starting on the date of first payment and then on each renewal date.
• Credit: the resource credit attached to the subscription, consumed by Visits.
• Overage: usage beyond the Credit.
• Cap: the maximum Overage amount accepted by the Customer for a Period.

3. Account

Creating an Account requires a valid email address. The Customer guarantees that the information provided is accurate and keeps it up to date. The Customer is responsible for keeping their credentials and the access tokens they create confidential, and for any action taken from their Account. They notify MENDING without delay of any unauthorised use.

Business Customers provide their company name, address and, where applicable, their EU VAT number.

4. Yearly subscription and resource credit

Access to the service requires a yearly subscription at the price shown on the Pricing page at the time of subscription (€15 per year including VAT at the date of these Terms, that is €12.50 excluding VAT).

For each Period, the subscription includes a Credit equal to its price excluding VAT. The Credit is consumed by Visits across all of the Customer's Apps, at the applicable unit rate. The Credit is valid for the current Period: any unused part is neither carried over to the next Period, nor refunded, nor convertible into cash.

5. Usage-based pricing

Beyond the Credit, Visits are charged based on usage, at the unit rate shown on the Pricing page (€0.50 excluding VAT per 10,000 Visits at the date of these Terms), calculated pro rata to the Visits actually recorded, up to the Cap.

Prices (subscription, Credit, unit rate, charging threshold) are stored in our billing system and may be changed by MENDING. Any change is announced to the Customer by email at least 30 days in advance and only applies to Periods starting after it takes effect, never to the current Period. A Customer who refuses the change may terminate their subscription before renewal, as set out in section 15.

Clearly automated Visits (bots, attacks, identified fraudulent traffic) are excluded from billing as far as possible.

6. Overage alert and cap

The Customer sets an optional alert threshold and a Cap from their Account. The alert threshold sends an email when Overage reaches it, without interrupting the service. By default, the Cap is €0: no Overage is charged. The Customer may change these settings at any time; changes take effect immediately. Overage already consumed remains due, even if the Cap is lowered afterwards.

7. When the Cap is reached

Once the Credit and the Cap are used up, the service is paused until the end of the Period or until the Cap is raised:

• the smart link and legal pages of all Apps are replaced by a "service paused" page;
• statistics are no longer collected or updated;
• adding new Apps is paused.

The Customer is informed that this pause makes the pages declared to the App Store and Google Play unavailable, and bears the consequences (including the app being flagged or removed by the stores). Embarq sends alerts at 80% and 100% of the Credit, then at 80% and 100% of the Cap. The service resumes immediately, with the same URLs, as soon as the Cap is raised or the next Period starts. No Visits are charged during the pause.

8. Invoicing and charges

The subscription is payable in advance, in a single payment, on subscription and on each renewal. Overage is calculated monthly: it is charged to the registered payment method if the accumulated amount not yet invoiced reaches €5; otherwise it rolls over to the next month. Any remaining balance, whatever its amount, is settled on the renewal date or at the end of the subscription.

Payments are handled by ShopiLike, MENDING's payment and invoicing platform, and processed by Stripe. The Customer authorises MENDING to charge the registered payment method for amounts due under these Terms. An invoice is issued for each payment and made available in the Account.

9. Prices and VAT

Prices are in euros. For consumers, they include VAT at the rate applicable in their country of residence. Businesses established in another EU Member State with a valid EU VAT number are invoiced excluding VAT, under the reverse charge mechanism. Businesses established in France are invoiced with French VAT.

10. Failed payments

If a payment fails, the following procedure applies:

1. Day 0: the Customer is notified by email and by a banner in their Account, and asked to update their payment method.
2. Day 3 and day 7: email reminders. A new charge attempt may be made.
3. Day 14: full suspension of the service. The single link, legal pages and statistics of all the Customer's Apps are replaced by a “service suspended” page. THE CUSTOMER IS INFORMED THAT THIS SUSPENSION ALSO CUTS OFF THE PAGES DECLARED TO THE STORES (PRIVACY POLICY, SUPPORT PAGE, ACCOUNT DELETION PAGE) AND ACCEPTS THE CONSEQUENCES, INCLUDING ANY MEASURES TAKEN BY APPLE OR GOOGLE REGARDING THEIR APPS.
4. Day 60: automatic termination and deletion of the Account and associated data, with no possibility of recovery.

At any time before deletion, payment of the amounts due leads to immediate reactivation of the service, with the same URLs. For businesses, any amount unpaid when due bears interest at three times the French statutory interest rate and gives rise to the fixed €40 recovery fee provided for by article L441-10 of the French Commercial Code.

11. Export and reversibility

The Customer may export their texts (legal pages, support pages) as HTML and PDF at any time, including while their Account is suspended. They may also export their statistics and account deletion requests. It is up to the Customer to export before their Account is deleted.

12. Generated texts: templates, not legal advice

Texts produced by Embarq are templates generated automatically from the Customer's answers. They do not constitute legal advice and do not replace advice from a legal professional. MENDING does not guarantee that they suit the Customer's particular situation or that they are sufficient to get an App published on a store.

The Customer remains solely responsible for the accuracy of the information declared (data collected, SDKs used, purposes, contact details) and for the compliance of their pages with applicable laws and with Apple and Google rules. They undertake to review the texts before publishing and to update them as their App evolves.

For account deletion requests sent through their Apps' forms, the Customer acts as data controller and MENDING as processor, as described in the privacy policy. It is up to the Customer to handle these requests.

13. Prohibited content and reports

The Customer shall not use Embarq to:

• redirect to unlawful, misleading or malicious content (phishing, malware) or content that infringes the rights of third parties;
• publish unlawful texts or impersonate a third party;
• circumvent the technical measures of the service, artificially generate Visits or disrupt its operation.

Anyone may report content to [email protected]. In case of clearly unlawful content or serious breach, MENDING may disable the Public page concerned, without notice if urgency requires, and informs the Customer of the reasons for its decision. The Customer may challenge the decision by replying to that message. In case of repeated breach, MENDING may terminate the Account.

14. MCP access and tokens

The Customer may connect an artificial intelligence agent to their Account through the Embarq MCP server, using an authorisation or access token they create and can revoke at any time. Actions performed by the agent are deemed performed by the Customer. By design, the MCP server allows no payment, no change to the subscription or the Cap, and no deletion of an App, page or Account. Every action is recorded in a log the Customer can view. The Customer checks the information provided by their agent before it is published.

15. Term, renewal and termination

The subscription is entered into for a one-year Period. It is automatically renewed for successive one-year Periods unless terminated. In accordance with article L215-1 of the French Consumer Code, MENDING informs consumer Customers by email, no earlier than three months and no later than one month before the end of the Period, of their right not to renew. This reminder is sent to all Customers. If this information is not provided in time, the consumer Customer may end the subscription free of charge at any time from the renewal date, and is then refunded pro rata for the remaining term.

The Customer may terminate at any time from their Account, in a few clicks. Termination takes effect at the end of the current Period: the service remains available until then, the subscription is not renewed and no refund is due for the Period already started, unless the law provides otherwise. Any Overage due is settled at the end of the Period. After the subscription ends, Public pages are disabled and data is deleted within 60 days, subject to legal retention obligations.

16. Right of withdrawal

Consumer Customers have 14 days from subscription to withdraw without giving any reason (article L221-18 of the French Consumer Code), by writing to [email protected] or using the form below.

As Embarq is a digital service provided immediately, the consumer Customer expressly requests, when subscribing, that performance begin before the end of the withdrawal period. If they then withdraw within that period, they are refunded the price paid, minus an amount proportionate to the service provided until they communicated their decision (article L221-25 of the French Consumer Code). The refund is made within 14 days, using the same payment method.

If the service has been fully performed before the end of the period, with the consumer's prior express consent and acknowledgement that they lose their right of withdrawal, that right can no longer be exercised (article L221-28, 1° of the French Consumer Code).

Withdrawal form

To MENDING, 60 rue François 1er, 75008 Paris, France, [email protected]:
I hereby give notice that I withdraw from the contract for the Embarq service subscription.
Subscribed on: ……… Name: ……… Account email address: ………
Date and signature (if sent on paper): ………

17. Service availability

MENDING uses reasonable means to keep the service available 24 hours a day, 7 days a week, and in particular the Public pages. The service may be interrupted for maintenance, announced in advance where possible, or in case of force majeure or failure of a technical provider.

18. Liability

MENDING is bound by an obligation of means. It is not liable for the content of the information declared by the Customer, for decisions made by Apple, Google or any authority regarding the Customer's Apps, or for the consequences of a suspension following a failed payment.

Towards business Customers, MENDING's total liability, for all causes combined, is limited to the amounts actually paid by the Customer in the 12 months preceding the event giving rise to liability, and excludes indirect damages (loss of revenue, customers, data or reputation).

Towards consumer Customers, MENDING is liable for lack of conformity of the digital service under articles L224-25-12 and following of the French Consumer Code. Nothing in these Terms limits MENDING's liability for gross negligence, wilful misconduct or personal injury.

19. Personal data

Personal data processing is described in the privacy policy, which forms an integral part of these Terms.

20. Changes to the Terms

MENDING may change these Terms. New terms are notified to the Customer by email at least 30 days before they take effect and apply from the following Period. A Customer who refuses them may terminate their subscription before that date.

21. Governing law, mediation and disputes

These Terms are governed by French law. In case of dispute, the Customer is invited to contact MENDING first at [email protected].

In accordance with articles L611-1 and following of the French Consumer Code, consumer Customers may refer the dispute free of charge to a consumer mediator for amicable resolution, after a prior written complaint to MENDING that has not been satisfactorily answered: [to be completed: consumer mediator].

Failing amicable resolution, the dispute is brought before the competent courts. For business Customers, exclusive jurisdiction is granted to the courts within the jurisdiction of the Paris Court of Appeal.