1. Seller
The ERHA service (the "Service") is provided by 42MERGE, a French simplified joint-stock company (SAS) with a share capital of €1,000, registered with the Paris Trade and Companies Register under number 913 592 986, whose registered office is at 229 rue Saint-Honoré, 75001 Paris, France ("ERHA", "we"). EU VAT number: FR29913592986. Contact: contact@erha.ai.
2. Scope
These terms of sale (the "Terms of Sale") apply to any subscription to the Service. The Service is reserved for professional customers acting in the course of their business; consumer-protection provisions, including the right of withdrawal, do not apply.
Any subscription implies unreserved acceptance of the Terms of Sale, which prevail over the customer's purchasing terms. Specific terms agreed in writing (in particular under the pilot programme) prevail over the Terms of Sale in the event of conflict.
Use of the Service is also subject to the Terms of Use, available on the Site.
3. Description of the services
The Service includes:
- guided set-up of the customer's automated tasks, configured together with the customer on their own files;
- execution of processing runs: each triggered task is handled by the most suitable artificial-intelligence models, then double-checked, and the result is delivered to the customer's dedicated workspace;
- support: a reply within 24 business hours, in direct contact with the team building the Service.
4. Prices
The Service is billed on a usage basis: each processing run displays its cost in euros in the customer workspace. Usage details can be consulted at any time.
A configurable monthly spending cap blocks any processing beyond the set amount: nothing above the cap can be billed.
Prices are exclusive of taxes; applicable VAT is added at the prevailing rate. The price list may change: customers are notified at least 30 days before a new price applies. The price granted to pilot-programme customers remains theirs in accordance with the specific terms of that programme.
5. Billing and payment
Billing is monthly, in arrears, based on the past month's usage. Invoices are issued electronically.
Payment is made through our payment provider Stripe (Stripe Payments Europe, Ltd), by card or direct debit, upon receipt of the invoice. No discount is granted for early payment.
In the event of late payment, the following are due by operation of law: late-payment penalties at the European Central Bank rate plus 10 points, and the fixed recovery indemnity of €40 per invoice (articles L441-10 and D441-5 of the French Commercial Code). We may also suspend access to the Service after formal notice has remained without effect for 15 days.
6. Term and termination
The Service is subscribed without any fixed term. Either party may terminate it at any time, in writing (email accepted), with effect at the end of the current month.
Processing consumed up to the effective date remains payable. The return and deletion of customer data are described in section 8.
7. Claims and re-run warranty
Any anomaly in a processing run must be reported to us within 30 days of delivery of the result.
In the event of a proven anomaly attributable to the Service, ERHA re-runs the affected processing at its own expense or, failing that, refunds its cost as a credit on the next invoice. This warranty is the sole remedy owed for a defective processing run, without prejudice to section 9.
8. Customer data and reversibility
Submitted files and produced results remain the customer's property. They are hosted in a dedicated workspace, isolated from other customers, in France.
Upon termination, the customer may export their files and results from their workspace. Data is then deleted under the conditions and within the time limits described in the Privacy Policy.
9. Liability
ERHA is bound by an obligation of means. Results produced by artificial-intelligence technologies, although double-checked, may contain errors: final validation of results before use, in particular for regulatory or contractual purposes, is the customer's responsibility.
ERHA's total aggregate liability, on any grounds, is capped at the amount excluding taxes actually paid by the customer during the twelve months preceding the triggering event.
Indirect damages are excluded, in particular loss of business, profit, customers or reputation. Nothing in the Terms of Sale excludes liability that cannot be excluded under French law (gross negligence, wilful misconduct, personal injury).
10. Force majeure
Neither party shall be liable for a failure caused by a force majeure event within the meaning of article 1218 of the French Civil Code. If the event continues beyond 60 days, either party may terminate the Service without compensation.
11. Governing law and jurisdiction
The Terms of Sale are governed by French law. The French version prevails; the English translation is provided for information only.
Failing amicable resolution, any dispute relating to the Terms of Sale falls under the exclusive jurisdiction of the economic-activities court of Paris, including summary proceedings, notwithstanding multiple defendants or third-party claims.