Terms of Service

The service

Merri allows you to propose a gathering, invite people you know, collect votes on a date and location, and receive reminders once the plan is settled. This service is operated in Ontario, Canada. It has no premises open to the public, and enquiries are received by email at merri.app@gmail.com.

Merri is offered on an as-is basis, and we do not guarantee continuous availability, uninterrupted operation, or the preservation of your information.

Eligibility

You must be at least 13 years of age to create an account. If you are under the age of majority where you live, you may use Merri only with the involvement of a parent or guardian who agrees to these terms on your behalf.

You must have the legal capacity to enter into a binding agreement in the jurisdiction where you reside.

Your account

You sign in using your mobile telephone number and a one-time passcode. You are responsible for the number associated with your account and for all activity that occurs through it.

You agree to keep your number current. If you relinquish a telephone number, you must remove it from your account or notify us, because the person subsequently assigned that number may otherwise receive messages intended for you.

Text messages

Merri sends text messages only in connection with gatherings you are part of. These consist of an invitation when someone invites you to a gathering, one-time sign-in passcodes, a confirmation when a host finalizes the date and location, and a reminder shortly before an event begins. Messages may be sent using automated technology.

By providing your mobile number and checking the optional consent box during sign-up, you give your express written consent to receive these messages at that number. The box is not selected for you. Consent is not a condition of creating an account or of using any part of Merri: an account created without it works in full, and no messages are sent to it. You may grant consent later, and may withdraw it at any time, from the settings on your profile page or by any of the other methods described below. We retain a record of the consent you provide, together with the date on which it was given.

We do not send marketing or promotional messages, we do not send messages on behalf of third parties, and we do not sell, rent, or otherwise disclose your telephone number to any third party for that party's own marketing purposes.

Message frequency varies according to the number of gatherings you participate in. Message and data rates may apply, depending on your mobile plan. Not all mobile carriers are supported.

Stopping the messages

Reply STOP to any Merri message. This stops every message we send you in connection with gatherings, including invitations, confirmations, and reminders. Reply HELP to any message to receive assistance.

Sign-in passcodes are the sole exception. They are sent from a different number, only at the moment you request one, and they are the means by which you access your account. STOP does not affect them.

Opt-out requests are processed by our telecommunications provider rather than by Merri. We are therefore unable to resume messages on your behalf. To begin receiving messages again, reply START to the same number to which you sent STOP.

You may also turn Merri's messages off and on at any time from the settings on your profile page, without sending a text. Turning them off withdraws your consent; turning them back on grants it again, and we record the date on which you do so. That setting governs what Merri sends. It cannot lift a carrier-level opt-out, so if you have replied STOP you must also reply START before messages will resume.

You may alternatively contact us by email and we will disable your messages on your behalf.

Inviting other people

If you invite a person by entering their telephone number, you represent that you have a personal relationship with that person and that they would reasonably expect to hear from you regarding the gathering in question. You must not use Merri to send messages to people who would not expect to receive them.

Each gathering is limited to twenty invitees. We may suspend or remove any account that uses invitations to send unwanted messages.

Acceptable use

You must not use Merri to harass or abuse any person, to send unsolicited messages, to violate any applicable law, or to access information belonging to other users. You must not attempt to disrupt the service, interfere with its operation, or circumvent any limit or security measure it applies.

We may suspend or terminate any account that breaches this section.

Your content

You retain ownership of the content you submit to Merri, including event titles, descriptions, and responses to questions. You grant us a limited licence to store, process, and display that content to the people with whom you have shared it, which is necessary for the service to function.

Hosts may delete the gatherings they create. Doing so removes the gathering and all associated content for every participant.

Disclaimer of warranties

Merri is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the service will be uninterrupted, error-free, or secure, that any message will be delivered, or that information you submit will be retained. You should confirm arrangements of importance by other means. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Limitation of liability

To the fullest extent permitted by applicable law, the operator of Merri will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, or business opportunity, arising out of or relating to your use of the service, whether based in contract, tort, or any other theory of liability.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to the service will not exceed the greater of the amount you have paid to use Merri, which is nothing, or ten Canadian dollars.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, for death or personal injury caused by negligence, or under consumer protection legislation that applies to you.

Indemnity

You agree to indemnify and hold harmless the operator of Merri from any claim, demand, loss, or expense, including reasonable legal fees, arising out of your breach of these terms, your misuse of the service, or your violation of any law or of the rights of any third party, including any claim arising from messages sent to a person you invited.

Suspension and termination

You may stop using Merri at any time and may request deletion of your account by contacting us. We may suspend or terminate access to the service, in whole or in respect of any particular account, at any time and without notice, including where we consider it necessary to protect the service or its users.

Changes to these terms

We may amend these terms from time to time. Where an amendment materially affects your rights or obligations, we will provide notice within the service before it takes effect. Your continued use of Merri after an amendment takes effect constitutes acceptance of the amended terms.

Governing law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The courts of that province will have non-exclusive jurisdiction over any dispute arising out of or relating to these terms or the service.

If you use Merri from the United States or elsewhere, you do so on your own initiative and are responsible for compliance with local law. Nothing in this section deprives you of the protection of mandatory consumer protection provisions of the law of the place where you reside.