Terms of Service

Subject to your compliance with these Terms, Mezmur grants you a personal, non-exclusive, non-transferable, limited license to access and use the Website for lawful purposes. This license does not include any right to:

• Copy, modify, or redistribute any content from the Website.
• Use automated tools (bots, scrapers, spiders) to access the Website without our express written consent.
• Reverse engineer, decompile, or attempt to extract the source code of any software, 3D models, or processing pipelines on the Website.

You agree not to:

• Use the Website for any unlawful purpose.
• Attempt to gain unauthorized access to any part of the Website, our systems, or our admin portal.
• Interfere with the proper functioning of the Website.
• Submit voice messages containing threatening, harassing, defamatory, or illegal content.
• Use the Website to transmit viruses, malware, or other malicious code.
• Impersonate another person or entity.

Our QR campaign landing pages are designed for recipients of our direct mail campaigns. These pages collect optional name, email, and voice message data, and visit tracking (IP, geolocation, dwell time) occurs automatically, in each case as described in our Privacy Policy — which also describes your choices and opt-outs. You may skip the welcome modal without providing any information.

Specific consulting engagements may be governed by a separate written agreement (Statement of Work, proposal, or contract). If there is a conflict between these Terms and a separate written agreement, the separate agreement controls for that engagement.

For consulting engagements, the Client agrees to:

• Provide timely access to systems, data, and personnel as needed for the engagement.
• Ensure that all information provided to Mezmur is accurate and that the Client has the right to share it.
• Maintain their own backups of any data shared with Mezmur.
• Respond to Mezmur's requests for information within a reasonable timeframe.
• Ensure that Mezmur personnel and contractors have safe access to any physical site for 3D scanning engagements.

Some Services leverage artificial intelligence tools and large language models. Mezmur disclaims that AI-generated outputs may be inaccurate, incomplete, biased, or otherwise unsuitable. The Client is responsible for evaluating and reviewing all AI-generated outputs before relying on them. Mezmur does not warrant that AI-powered services will produce specific results.

Unless otherwise specified in a separate written Engagement agreement:

• Fees are as quoted in the applicable Engagement, proposal, or Statement of Work.
• Invoices are due within fifteen (15) days of the invoice date.
• Past-due amounts accrue interest at 1.5% per month (18% per year) or the maximum rate permitted by law, whichever is less, from the due date until paid.
• Mezmur may, after written notice, suspend Services and withhold Deliverables while any invoice is more than fifteen (15) days past due.
• The Client is responsible for Mezmur's reasonable costs of collecting amounts more than sixty (60) days past due, including reasonable attorneys' fees.
• Fees are exclusive of taxes. The Client is responsible for any applicable sales, use, or transaction privilege taxes arising from an Engagement, other than taxes on Mezmur's income.

When Mezmur performs on-site 3D scanning:

• The Client is responsible for ensuring they have the authority to capture the scanned space, including obtaining any necessary consents from property owners, tenants, or occupants.
• The Client must notify all occupants of the space before scanning begins.
• Mezmur is not responsible for any incidental capture of persons, artwork, or proprietary information within the scanned space. The Client warrants that the space is clear of confidential or sensitive materials before scanning, or that they have obtained consent for any such incidental capture.

• Client-owned: The Client owns the physical space and the right to its visual representation. The Client owns the final Deliverables produced under a paid engagement, unless otherwise agreed in writing.
• Mezmur-owned: Mezmur owns its scanning methodology, processing pipelines, algorithms, software, and tools. Mezmur retains a worldwide, non-exclusive license to use, display, and create derivative works from the processed 3D models for portfolio and marketing purposes, unless the Client opts out in writing.
• Raw capture data: Raw capture data (source images, video) may be retained by Mezmur for up to 30 days to allow reprocessing, and is then deleted, unless the Client requests earlier deletion.

If Drone Operations are used as part of 3D scanning services, the following additional terms apply:

• FAA Part 107 Certification: All of Mezmur's drone operators hold a current Remote Pilot Certificate under FAA Part 107 for commercial small Unmanned Aircraft Systems (sUAS) operations. Outdoor operations are conducted in compliance with all applicable FAA regulations, including airspace authorization, operating rules, and recordkeeping requirements. Indoor operations fall outside FAA airspace jurisdiction; Mezmur applies the same operator certification and safety standards to indoor flights.
• Drone liability: Mezmur conducts Drone Operations using drone liability insurance coverage. Mezmur assumes responsibility for safe operation of its own equipment during agreed-upon scanning sessions.
• Client assumption of risk: The Client acknowledges that indoor drone operations carry inherent risks, including but not limited to property damage, equipment failure, and collision. The Client assumes all risk for any damage to the Client's property or persons beyond what is covered by Mezmur's drone insurance.
• Liability release: To the maximum extent permitted by law, the Client releases Mezmur LLC and its owner, employees, and contractors from any liability for drone-related accidents, damage, or injury that exceeds the coverage limits of Mezmur's drone insurance policy. This release covers all claims arising from indoor drone operations, including but not limited to property damage, personal injury, equipment loss, and business interruption.
• Indoor and outdoor operations: Mezmur conducts drone scanning both indoors and outdoors. All outdoor operations are conducted in compliance with FAA Part 107 regulations, including airspace authorization where required. The Client must confirm they are aware of any airspace restrictions or local ordinances applicable to the scan location before scheduling.
• Site preparation: The Client is responsible for preparing the indoor space for drone flight, including removing fragile objects, clearing flight paths, and ensuring the space is free of hazards. The Client must inform Mezmur of any obstacles, hazards, or sensitive equipment before flight.

Generative Engine Optimization (GEO) involves optimizing visibility in AI-powered search engines and tools. Mezmur does not guarantee specific rankings, placements, or visibility outcomes. AI search results and rankings are influenced by factors outside Mezmur's control, including algorithm changes, competitor activity, and user behavior. Any GEO performance metrics or projections provided by Mezmur are estimates and may not match actual results.

For EDDM (Every Door Direct Mail) and other physical marketing campaigns:

• Mezmur is responsible for the design, production, and mailing of campaign materials as agreed in the Engagement.
• Mezmur does not guarantee specific response rates, conversion rates, or return on investment from marketing campaigns.
• Campaign performance data (scan rates, engagement rates) is provided for informational purposes and is subject to the limitations of QR tracking technology.

Voice messages submitted through our Website are transcribed on the user's device using an open-source speech recognition model. The transcript is sent to Mezmur; raw audio is stored separately under the conditions described in our Privacy Policy.

By submitting a voice message, you warrant that:

• The content is your own and does not violate any third party's rights.
• The content does not contain confidential or proprietary information that you do not wish Mezmur to receive.
• You have consented to the on-device transcription and any storage of your audio as described in our Privacy Policy.

By submitting a voice message, you grant Mezmur a non-exclusive, worldwide, royalty-free license to store, process, transcribe, and analyze the message and its transcript as described in our Privacy Policy, for the purpose of responding to your inquiry and operating the Services.

Voice audio is processed and stored in accordance with applicable biometric privacy laws. Visitors in Illinois, Texas, and Washington receive transcript-only processing. Mezmur does not store voiceprints or biometric identifiers. See our Privacy Policy for full details.

Mezmur LLC maintains the following insurance coverage:

• General Liability Insurance: Covers bodily injury and property damage arising from Mezmur's business operations.
• Errors and Omissions (E&O) / Professional Liability Insurance: Covers claims arising from professional services rendered by Mezmur.
• Drone Liability Insurance: Covers drone operations conducted as part of 3D scanning services.

Mezmur's insurance coverage is primary and applies to claims within the scope of its policies and within policy limits. Mezmur will provide certificates of insurance upon request from a Client with an active Engagement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEZMUR LLC, ITS OWNER, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF MEZMUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MEZMUR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ENGAGEMENT SHALL NOT EXCEED THE GREATER OF (1) THE TOTAL FEES PAID BY THE CLIENT TO MEZMUR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (2) FIVE HUNDRED U.S. DOLLARS ($500.00).

For drone operations, Mezmur's liability for property damage, personal injury, or equipment damage arising from drone operations is limited to the coverage provided by Mezmur's drone insurance policy. The Client acknowledges that drone insurance has coverage limits and that the Client assumes all liability for damages exceeding those limits. This limitation applies to all claims arising from drone operations, including but not limited to:

• Property damage caused by drone collision or crash.
• Personal injury caused by drone operations.
• Equipment damage or loss.
• Business interruption resulting from drone-related incidents.

The Client releases Mezmur LLC and its owner from any liability for drone-related damages exceeding the drone insurance policy limits. This release is a material part of the bargain between the parties and is reflected in the pricing of drone scanning services.

Mezmur is not liable for loss of Client data, including but not limited to:

• Data stored in Client systems that Mezmur accesses during consulting engagements.
• Data that Mezmur processes or stores on behalf of the Client.
• Data lost due to service provider outages.

The Client is solely responsible for maintaining their own backups of any data shared with Mezmur. Mezmur's obligation for data loss is limited to reasonable efforts to recover data from available backups. Mezmur is not liable for data loss except in cases of gross negligence or willful misconduct.

Mezmur does not warrant that any Service will achieve specific results, including but not limited to:

• Specific AI search rankings or visibility improvements (GEO).
• Specific marketing campaign response rates or ROI.
• Specific operational improvements from AI consulting.
• Error-free 3D scanning results or walkthrough performance.

All Services are provided on an "as-is" and "as-available" basis.

All content on the Mezmur Website, including text, graphics, logos, 3D walkthroughs, design, layout, and software, is owned by or licensed to Mezmur LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or redistribute any Website content without Mezmur's express written consent.

Unless otherwise agreed in a separate written Engagement:

• The Client owns the final Deliverables produced under a paid engagement.
• Mezmur retains ownership of its methodologies, algorithms, tools, and processing pipelines.
• Mezmur retains a license to use Deliverables for portfolio and marketing purposes unless the Client opts out in writing.

Any feedback or suggestions you provide about Mezmur's Services is non-confidential. Mezmur is free to use such feedback without restriction or obligation.

THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MEZMUR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

MEZMUR DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. MEZMUR DOES NOT WARRANT THAT ANY SERVICE WILL MEET THE CLIENT'S EXPECTATIONS OR PRODUCE SPECIFIC RESULTS.

Mezmur's Services may rely on third-party providers (e.g., hosting, database, storage, authentication, and CDN providers). Mezmur is not responsible for the availability, accuracy, or performance of these third-party services. The Client acknowledges that third-party service outages may affect Mezmur's ability to deliver Services.

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between Mezmur and the Client. Mezmur is an independent contractor.

Mezmur will:

• Process Client data in accordance with our Privacy Policy and applicable data protection laws.
• Implement reasonable administrative, technical, and physical safeguards to protect Client data.
• Not disclose Client data to third parties except as described in our Privacy Policy or as required by law.
• Use subprocessors only under contractual obligations consistent with this Agreement.

The Client warrants that:

• All data provided to Mezmur is accurate and the Client has the right to share it.
• The Client has obtained any necessary consents from individuals whose data is shared with Mezmur.
• The Client will not provide Mezmur with data that the Client is not authorized to share.
• The Client is responsible for maintaining their own data backups.

If Mezmur becomes aware of a data breach affecting Client data, Mezmur will notify the Client without undue delay (and in any event within 72 hours of discovery where feasible) and provide available details about the breach, to the extent permitted by law.

Mezmur may modify, suspend, or terminate access to the Website at any time, for any reason, without notice. Mezmur may block access for violations of these Terms.

Engagements may be terminated as follows:

• Either party may terminate an Engagement with written notice as specified in the Engagement agreement.
• Mezmur may terminate immediately for cause, including the Client's breach of these Terms, non-payment, or unlawful conduct.
• Upon termination, the Client pays for all Services rendered up to the termination date.
• Mezmur will return or destroy Client data within 30 days of termination, unless retention is required by law (including tax and accounting records) or the Engagement agreement.

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law provisions. The parties agree to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, for any dispute arising from these Terms.

Before initiating formal proceedings, the parties agree to attempt to resolve disputes in good faith within 30 days of written notice.

To the maximum extent permitted by law, the parties waive any right to bring a class action or consolidated proceeding. Disputes must be brought on an individual basis.

Any claim arising from these Terms must be brought within one (1) year after the cause of action arises, or the claim is barred.

If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force and effect. The unenforceable provision will be replaced with a valid provision that best reflects the parties' original intent.

These Terms, together with any separate Engagement agreement and the Privacy Policy, constitute the entire agreement between the parties regarding the Services. Any prior agreements or understandings are superseded.

The Client may not assign these Terms or any Engagement without Mezmur's written consent. Mezmur may assign these Terms to a successor in connection with a merger, acquisition, or asset sale.

Mezmur's failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

Mezmur is not liable for delays or failures due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, labor disputes, power outages, internet or telecommunications failures, or third-party service outages.

Provisions that by their nature should survive termination of these Terms (including but not limited to Sections 7, 8, 10, 11, 13, and 16) will survive.

Notices to Mezmur should be sent to:

• Email: legal@mezmur.tech
• Mail: Mezmur LLC, ATTN: Legal, c/o Registered Agents Inc., 4539 N 22nd St, Ste R, Phoenix, AZ 85016, USA