1. Identification of the seller and scope
The murmur service is published and sold by MURMUR, a French simplified joint-stock company (société par actions simplifiée) with a share capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 108 784 521, whose registered office is located at 8 B rue Abel, 75012 Paris, France (EU VAT number FR82108784521), hereinafter “murmur” or “the seller”. Contact: contact@murmur.ad; support: support@murmur.ad.
These terms of sale (“Terms”) govern any subscription to the service by a customer. The service is reserved for business customers: legal entities, or natural persons acting in the course of their professional activity. By creating an account, the customer declares that they act in that capacity.
Any subscription entails full and unreserved acceptance of the Terms in force on the date of subscription. The applicable Terms are those published on the murmur.ad website; murmur may amend them, the amended version applying to subscription periods subsequent to its publication.
2. Description of the service
murmur is an online software platform (SaaS) enabling the customer to prepare and send personalised prospecting messages to target companies, through the contact form that those companies publish on their own website or, failing that, through the business email address that they publish.
The service comprises: access to a database of companies and to targeting criteria; the drafting, assisted by a language model, of a message personalised for each target company, which the customer approves before any sending; the sending of the messages; the collection of replies where the customer has connected an inbox; a monitoring dashboard.
murmur decides, company by company, on the sending channel (contact form or published address) and applies the rules in force in each destination country. Certain countries or certain categories of recipients are not prospected, or are prospected only under specific conditions; the list of these limits is published on the website and is binding on the customer.
The results of a campaign (reply rate, number of appointments, revenue) depend on the market, the offer and the message of the customer: murmur is bound by a best-efforts obligation as regards the performance of the service, and does not guarantee any commercial result.
For agencies and service providers who prospect on behalf of several companies, murmur offers a quote-based plan; its special terms supplement these Terms.
3. Availability and maintenance
murmur endeavours to ensure continuous access to the service, under a best-efforts obligation, without any guaranteed availability rate. Scheduled maintenance operations liable to interrupt the service are announced to customers in advance, by email or in the client area.
murmur may suspend the service without notice in the event of a security incident or in order to preserve data integrity. An interruption gives rise to no debit: a sending that has not been proven is never charged (article 7).
4. Subscription procedure and formation of the contract
Subscription takes place online, on murmur.ad: creation of an account, choice of a subscription plan, acceptance of the Terms and payment of the first period. The contract is formed upon confirmation of the payment by the payment service provider; murmur then sends the customer a confirmation by email.
A free trial is offered upon creation of the account: the first 300 contacts are free of charge, for 30 days from the creation of the account. The trial gives rise to no charge; it ends upon expiry of that period or as soon as the 300 contacts have been addressed. The customer then freely chooses whether to subscribe to a plan.
The customer is responsible for the accuracy of their account information (identity of the company, billing address, EU VAT number where applicable) and for the confidentiality of their credentials. Any action carried out from their account is deemed to have been carried out by them.
5. Term, renewal and termination
The subscription is entered into for a period of one month, with no minimum commitment. It is tacitly renewed for successive monthly periods; each period is charged at its start.
The customer may terminate their subscription at any time, from their client area. Termination takes effect at the end of the current monthly period: no new period is charged, the customer retains access to the service and the credits of the period until that date, and the period already begun remains due in full.
Upon express request sent to support@murmur.ad, the customer may obtain the immediate cessation of the service and a refund of the current period pro rata to the time remaining, under the conditions of the refund policy. Unused subscription credits are not refunded; pack credits are non-refundable.
murmur may terminate the subscription in the event of a breach by the customer of their obligations (article 10), after a formal notice sent by email has remained without effect for eight days, or without notice in the event of a serious breach — identity theft, unlawful content, circumvention of the service’s protections.
6. How credits work
Use of the service is measured in credits. Two sources of credits coexist, with distinct rules:
- Subscription credits: each subscription plan grants, at the start of each monthly period, the number of credits attached to it. These credits are reset to zero at the start of the following period: they can be neither carried over nor accumulated from one period to the next.
- Pack credits, purchased separately: they are perpetual and do not expire.
7. Consumption of credits
Each contact in a campaign consumes a number of credits between 0.1 and 3, determined by the segment to which the target company belongs (rarity of the profile, completeness of the available data, ease of access to the point of contact). This range is a firm bound: no contact costs less than 0.1 credit or more than 3 credits. Unlocking additional data on a company costs between 0.1 and 1 credit.
The cost per contact is calculated and fixed at the time the campaign is activated; it does not vary thereafter, whatever the changes to the catalogue.
Credits are debited only upon proof of sending: a message whose delivery is not established is not charged. Upon activation, murmur estimates the total cost of the campaign; if the customer’s credit balance does not cover this estimate, the launch is refused. There is neither usage-based billing nor overage: the customer can never consume more than their balance.
The order of consumption is fixed: the subscription credits of the current period are debited first, then the pack credits.
8. Prices, VAT and payment
The prices of the subscription plans and packs are those published on the pricing page of murmur.ad on the date of subscription or purchase. They are expressed in euros and exclusive of tax; value added tax is added at the rate in force on the invoice date (20% in France as at the date hereof). The applicable VAT depends on the customer’s country: for a customer established in another Member State of the European Union whose EU VAT number is verified with the VIES system, the reverse charge applies in accordance with Article 196 of Directive 2006/112/EC and the invoice states this; in the absence of a verifiable number, French VAT is charged; for a customer established outside the European Union, the transaction is outside the scope of French VAT.
Payment is made by bank card, through the payment service provider Stripe. The subscription is charged at the start of each monthly period; a pack is paid for at the time of purchase. murmur retains no card data: it is processed exclusively by the payment service provider.
An invoice is issued for each payment and made available in the client area. In the event of a payment failure, murmur informs the customer; failing regularisation, access to the service is suspended until payment, without prejudice to the sums due.
In accordance with Articles L441-10 and D441-5 of the French Commercial Code, any sum not paid when due automatically bears late-payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points, together with a fixed indemnity for recovery costs of 40 euros; where the recovery costs incurred exceed that amount, additional compensation may be claimed upon justification.
9. Refunds
The conditions for refunds are set out in the refund policy published on the website, which forms part of these Terms. In summary: termination taking effect at the end of the period gives rise to no refund; immediate cessation requested from support@murmur.ad is refunded pro rata to the time remaining in the period; unused credits and packs are not refunded; any sum invoiced in error is refunded in full.
10. Customer obligations
The customer is solely responsible for their use of the service and for the messages they cause to be sent. In particular, the customer undertakes to:
- comply with the regulations applicable to commercial prospecting in each destination country, as well as the per-country limits published by murmur;
- cause to be sent only content that is accurate, fair, lawful, to which they hold the rights, and which identifies them truthfully — no identity theft, no misleading content;
- respond to any objection requests received directly and forward them to murmur, which applies them across all of its customers;
- not use the service for unlawful offers, hateful content, or solicitations unrelated to a professional activity;
- not attempt to circumvent the service’s protections, to extract its data en masse or to resell it.
11. Liability and limitation of liability
murmur undertakes to provide the service diligently, in accordance with best practice, under a best-efforts obligation. murmur is not liable for the replies or the absence of replies of the companies contacted, for the content of the messages drafted or approved by the customer, nor for the consequences of a breach by the customer of their obligations.
murmur’s liability under the contract, on any grounds whatsoever, is limited to the amount exclusive of tax actually paid by the customer during the twelve months preceding the event giving rise to the claim. murmur is not liable for indirect damage, in particular loss of revenue, loss of customers or loss of opportunity.
Neither party is liable for a breach due to an event of force majeure within the meaning of Article 1218 of the French Civil Code.
12. Personal data
The processing of personal data carried out in the context of the service — customer data and data of the business contacts prospected — is described in the privacy policy, which forms part of these Terms and specifies the role of each party.
The customer undertakes, for the data they communicate to murmur and for the data they receive from the service, to comply with the regulations applicable to the protection of personal data and to use it only for the purposes of their own prospecting.
13. Governing law and competent court
These Terms are governed by French law. Any dispute relating to their formation, interpretation or performance falls, failing amicable settlement, within the exclusive jurisdiction of the Paris Economic Activities Court (tribunal des activités économiques de Paris), including in the event of summary proceedings, third-party claims for indemnity or multiple defendants.
These terms of sale are drawn up in French. Their English version is provided for information only; in the event of any discrepancy, the French version prevails.
14. Right of withdrawal
As the service is reserved for business customers, the right of withdrawal provided for by the French Consumer Code does not apply. By way of exception, in accordance with Article L221-3 of the French Consumer Code, a business customer employing no more than five employees and entering into a contract that falls outside the scope of its main activity benefits from the fourteen-day right of withdrawal provided for in Articles L221-18 et seq.; it is exercised by writing to contact@murmur.ad before the expiry of that period. As performance of the service began at the customer’s request, the credits consumed before withdrawal remain due pro rata.