TERMS AND CONDITIONS
Merytu Service Client Agreement
Merytucentric S.A. (hereinafter "Merytu") provides a service (the "Service") that allows its clients (the "Clients") to connect with a geographically distributed network of individuals who, as independent contractors (the "Meryters"), offer to perform professional services on a temporary and time-limited basis (the "Gigs"). Please read the Client Agreement (the "Agreement") below in its entirety if you wish to become a client.
Any legal entity is eligible to register for the merytu desktop and mobile application (the "Application") provided that, cumulatively: (i) it is duly constituted and registered; (ii) it maintains organized accounting records; (iii) it meets the legal requirements for operating in the hospitality or restaurant sector; (iv) its tax and social security status is regularized; and (v) it is not in a legally classifiable state of insolvency.
Acknowledgement and Acceptance of the Client Agreement
By registering to become a client, you expressly and irrevocably declare that you have read, understood, and fully accept the terms of this Agreement. This Agreement includes Merytu's privacy policy, as well as other internal policies in force at Merytu at any given time.
The Client agrees and understands that some functions of the Application may involve additional terms and conditions or other registration requirements, without the acceptance of which they will not be able to proceed with the use of the Service. The Client agrees to comply with these additional terms and conditions, and that any violation of these terms constitutes a breach of this Agreement.
Merytu reserves the right to modify the terms of this Agreement and any additional terms at any time, with such modifications becoming effective upon their availability in the Application. As a Client, you are responsible for regularly reviewing this Agreement to identify updates and changes to its terms. Your use of the Application after any modification to this Agreement constitutes your acceptance of such changes. Beyond making any changes available in the Application, Merytu does not and will not assume any obligation to directly notify Meryters or the Client of the creation or modification of any specific terms.
1. DEFINITIONS1. DEFINITIONS
1.1 "Gig Content" – refers to the description, characteristics, and specific details that make up the content of the Gig posting, related to what is expected of the Meryter's performance in the Gig in question. The Gig Content is the sole responsibility of the Client.
1.2 "Gig Posting" – refers to the notification generated by Merytu to one or more Meryters regarding the Gig Content, as well as the fee to be paid (the "Payment") to the Meryter(s) for the services rendered.
1.3 "merytu desktop or mobile application" or the "Application" – refers to the software created and used by Merytu within the scope of the Service.
1.4 "Gig Request" – refers to a service request by the Client that contains the Gig Content, aiming to identify Meryters whose characteristics and availability allow them to perform the said Service. Once the Client and the Meryter agree to the terms of the Gig Request, in accordance with point 2, the Gig Request becomes a "Gig Commitment".
2. GIG REQUEST
Clients may submit Gig Requests through the Application. Merytu reserves the right to reject any Gig Requests, including, but not limited to, those it deems inappropriate, non-compliant with the terms of service or use, or inconsistent with the Service or the integrity of the Application. Only characteristics of the Gig present in the invitation description, exclusively related to the technical or behavioral aspects pertaining to the Gig's activity, will be considered as requirements for Gig acceptance. Any mentions of physical characteristics, ideologies, or any other type of circumstantial issues (e.g., availability for hiring) are not considered binding requirements for accepting Gig invitations. During the implementation period, which runs for the first 15 days after the client installs the Application, Merytu may provide direct/indirect assistance in operationalizing the client's Gig requests. This period, which is exclusively for educational purposes, does not alter the client's sole responsibility in this regard. After this implementation period, the operationalization of Gigs or any other action or modification carried out through the client's account in the Merytu application is done exclusively by its owner.
3. PAYMENT
3.1 Payment. Merytu collects Payment on behalf of the Meryter for each Gig. The current price list may be updated without prior notice to the client whenever Merytu deems it necessary. Professional hourly rates may vary by function, experience level, or other variables such as night shifts, public holidays or holiday eves, or additional hours added after the Gig commitment is accepted (unforeseen circumstances). The Client is responsible for providing a valid payment method from the options made available by Merytu. In the event of a failed collection due to an invalid payment method, Merytu will charge an administrative fee of €10 for each unsuccessful attempt, covering the processing costs charged to Merytu by its partner Stripe.
3.2 Invoicing. The Client will provide Merytu with complete and accurate invoicing information, including but not limited to the Client's company name and registered office address, as well as the email address, name, and phone number of an authorized contact for the invoicing process. The Client undertakes to inform Merytu of any changes to the invoicing data within a maximum of 30 calendar days after any change occurs. If the information provided is false or fraudulent, Merytu reserves the right to immediately terminate the Client's access to the Service and any ongoing Gig Commitment, concurrently with resorting to legal mechanisms.
Generally, the Client is invoiced after the Gig is completed, with the full amount being held after the Gig Commitment is finalized, and invoices and receipts will be issued in the Meryter's name, notwithstanding the provisions of the paragraph below.
3.3 High-Volume Clients. Merytu reserves the right to unilaterally designate a specific Client as a "High-Volume Client". Gigs provided to High-Volume Clients will be invoiced in an aggregated manner, in Merytu's name, periodically and regardless of the number of Meryters who performed Gigs for the Client during that period. The invoicing frequency for High-Volume Clients will be unilaterally determined by Merytu.
3.4 Taxes. The invoiced amount will be subject to all legally due taxes at any given time, and the Client is solely responsible for any tax or contribution obligations arising from the use of the Application and subsequent Gigs derived therefrom. The Client declares full knowledge of the current taxes applicable to the hiring of independent professionals. Specifically, but without limitation, the Client declares knowledge of and assumes all responsibility for the payment of the additional Social Security contribution due, in accordance with and for the purposes of Article 140 of the Code of Contributory Regimes of the Social Security System and its subsequent amendments, should the Client be classified as a Contracting Entity by this system.
For High-Volume Clients, Merytu will be responsible for managing the payment of all legally due taxes and social security contributions, with the amount of these taxes and contributions already included in the Service price.
3.5 Cancellations. All Gigs have a 10-minute cancellation window after publication. After this period, the cancellation policy will apply. The cancellation of a Gig Commitment after this period will be subject to the following rules:
(i) Cancellation of a Gig Commitment within 24 hours before its start – Merytu will charge 100% of the total Gig value. For multi-day Gigs, 100% of the first day of the Gig will be charged.
(ii) Cancellation of the Gig Commitment between 24 and 48 hours before its start – Merytu will charge 50% of the total Gig value (minimum 3 hours).
(iii) Cancellation of the Gig Commitment more than 48 hours before its start – incurs no cost for the Client.
3.6 Refund Amounts charged by Merytu are non-refundable, except in situations expressly provided for in this Agreement.
4. MERYTU INTELLECTUAL PROPERTY
4.1 Merytu Intellectual Property. The Client expressly and irrevocably declares that all intellectual and industrial property rights related to Merytu, the Application, the Service, and any metadata or other information generated or submitted on Merytu by a Meryter during services rendered within the scope of a Gig are the exclusive property of Merytu ("Merytu Intellectual Property"). This Agreement does not grant the Client any rights, ownership, or benefits related to the intellectual and industrial property of Merytu, its affiliates or suppliers, nor any rights of any other nature over the logos, trademarks, or copyrights of Merytu, its affiliates or suppliers. The Client expressly and irrevocably declares that they will not reproduce, modify, publish, transmit, distribute, disseminate, assign, whether for free or for consideration, anything that may be related to Merytu Intellectual Property.
4.2 Incorporation of suggestions. The Client grants Merytu a perpetual, royalty-free, international, transferable, irrevocable license to use, reproduce, modify, or incorporate into Merytu Intellectual Property and thereby fully exploit any suggestion, improvement, request, recommendation, or any other feedback provided by the Client relating to the Service.
4.3 Client Image Rights. The Client expressly and irrevocably declares to authorize Merytu to use their logo, brand, name, and/or any related images in Merytu's communications and social media.
5. CONFIDENTIALITY
5.1 Definition of Confidential Information. Any and all information provided by one party (Disclosing Party) to another party (Receiving Party), whether in verbal or written format, classified as confidential or which, by reasonable assessment, should be understood as confidential given its nature or the circumstances in which it is communicated ("Confidential Information"). However, Confidential Information shall not include any type of information that (a) is or becomes general public knowledge without breaching any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to communication by the Disclosing Party without breaching any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party without authorized access to the Disclosing Party's confidential information.
5.2 Protection of Confidential Information. Unless authorized in writing by the Disclosing Party, the Receiving Party shall use the same level of care in managing Confidential Information as it uses in managing its own information of the same kind and shall not communicate or use any Confidential Information of the Disclosing Party in any context beyond the scope of this Agreement. The Receiving Party shall only communicate Confidential Information of the Disclosing Party to the Receiving Party's employees, contractors, or agents who need access to it to fulfill obligations or other tasks strictly related to the scope of this Agreement, and who, in turn, have signed exclusivity agreements with the Receiving Party containing safeguards for the disclosure of Confidential Information no less restrictive than those in force in this Agreement.
5.3 Disclosure. The Receiving Party may disclose confidential information of the Disclosing Party when required to do so by governmental entities, and the Receiving Party must inform the Disclosing Party that it has done so and the underlying reasons.
5.4 Information Included in the Gig Commitment The Client declares and agrees that part of the information included in the Gig Request will be sent to Meryters so that they can fully respond to the service needs in question, and therefore, this information cannot be considered Confidential Information. By submitting a Gig Request, the Client expressly requests and consents to the sending of Gig details to Meryters whose availability and characteristics are suitable for the proper performance of the professional services related to the Gig. The Client declares that the information provided will be accurate, up-to-date, and true. The Client acknowledges that Merytu is not responsible for any type of communication with Meryters within the scope of any Gig request. All communication will be exclusively between the Client and the Meryters through the information contained in the Gig request or subsequently in the application's chat provided for this purpose, and Merytu cannot be held responsible for the transmission of any information necessary for the fulfillment of any Gig request.
6. DISCLAIMERS6. DISCLAIMERS
The service is provided "as-is" and subject to availability. Merytu offers no warranties regarding the Gig, including warranties or conditions of fitness for a particular purpose, title, "quiet enjoyment," accuracy, or "non-infringement of third-party rights." Merytu does not guarantee that (a) the Service or the Gig will meet the Client's needs and/or requirements; (b) the Service will be available uninterrupted, timely, secure, or error-free with an impact on Gigs; or (c) the results obtained from the use of the service or Gigs will be accurate or reliable. Merytu does not guarantee a match between each Gig request and each Meryter, or that Meryters will be available in every geographical area requested by the Client who wishes to fulfill a specific Gig request on the requested date, time, and location. Merytu does not guarantee any type of performance by Meryters within the scope of Gig Requests or the quality of their service provision in the Gig.
7. LIMITATION OF LIABILITY
7.1 Merytu does not guarantee the availability and continuity of the Service's operation. In these terms, Merytu will in no case be liable for any damages or losses resulting from (i) the lack of availability or accessibility of the desktop or mobile application; (ii) the interruption of the desktop or mobile application's operation or from computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in lines, data centers, the internet system, or other electronic systems, produced during its operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond Merytu's control. Merytu does not guarantee the absence of viruses or other elements in the desktop or mobile application introduced by third parties unrelated to Merytu that may cause alterations to the Client's physical or logical systems or to electronic documents and files stored in their systems. Consequently, Merytu will in no case be liable for any damages or losses of any nature arising from the presence of viruses or other elements that may cause alterations to the Client's physical or logical systems, electronic documents, or files. It is the Client's responsibility to ensure that they have downloaded the correct application to their device. Merytu will not be responsible if the Client does not have a compatible device or downloads an application version incompatible with their device.
7.2 Merytu is not responsible for any obligations, claims, or damages arising from the relationship between the Client and the Meryter. The quality of services provided in the context of a Gig is the exclusive responsibility of the Meryter, who is solely responsible for providing them to the Client. The Client understands and acknowledges that, by using the Service and, consequently, the activity of a Meryter in the context of a Gig, they are resorting to a service entirely independent of Merytu. A Meryter's attendance at a Gig is their exclusive responsibility, and in case of absence, Merytu does not ensure their replacement. In case of a Meryter's non-attendance at a Gig Commitment, the Client has 72 hours to request a refund of the paid amount from Merytu; no compensation beyond this refund will be due. To do so, the Client must select the "Attendance" option on the Platform, after which Merytu will analyze the occurrence, although no refund is guaranteed. Refund requests made more than 72 hours after the Gig's completion will not be considered, nor will they result in the reimbursement of previously charged amounts.
7.3 Merytu has defined certain mechanisms in the Application that are suitable for supporting the Client in identifying and mitigating risks related to the framework of Meryters' activity. In this regard, and by way of example, the Application will notify the Client whenever a specific Meryter performs Gigs for 30 uninterrupted days. The purpose of this and other mechanisms is to provide the Client with information and control to manage their risk compliance. These mechanisms are merely recommendations from Merytu to Clients, which they may or may not consider, and for which Merytu cannot be held responsible.
8. SATISFACTION SURVEY
The Client declares and undertakes to complete a satisfaction survey after the completion of Gig Commitments through the application.
9. RELATIONSHIP BETWEEN MERYTU, MERYTERS, AND CLIENTS
9.1 Merytu provides a Service for Clients and Meryters simultaneously, embodied in the provision of a technological platform through which Clients can post Gig Requests and Meryters can accept them. If the Client and Meryters agree on the respective terms of service, a Gig commitment is automatically generated between the parties. The Client declares and acknowledges that there is no relationship of any kind (e.g., employment) between Merytu and the Meryters, as the latter perform their services legally and fiscally as duly constituted independent contractors.
The Client hereby declares that they assume all responsibility arising from the relationship established between themselves and the Meryters. The Client acknowledges that Merytu in no way supervises, directs, or controls the services provided by Meryters within the scope of Gigs, nor is it involved in defining the amount received by Meryters for services rendered in Gigs requested by the Client. The Client acknowledges that Merytu does not provide Meryters with any training, equipment, or any other material necessary for a Gig Commitment. The Client acknowledges that, without prejudice to the specific terms and conditions applicable to High-Volume Clients, Merytu will not deduct any amounts related to Social Security or IRS (income tax) or any other taxes owed by the Client or Meryters within the scope of Gig Commitments made through the Application, which are the exclusive responsibility of the latter. The Client expressly acknowledges that, when opening Gig requests, the Meryters who respond will do so as independent contractors, and therefore the Client cannot claim any type of employment relationship and/or exclusivity in the relationship between themselves and the Meryters contracted through the Application. The Client acknowledges that Meryters, as independent contractors, are free to perform Gigs or engage commercially with other companies besides the Client, including direct competitors of the Client. The Client acknowledges that they are responsible for the full payment of the amount resulting from the scheduled Gig commitment and that any alteration initiated by them to the scheduled Gig does not exempt them from full payment of the total Gig amount, or the respective amount stipulated in the cancellation policy. Specifically, any alteration to the duration of an ongoing Gig does not exempt the Client from full payment of the total Gig amount.
If a Meryter is more than 30 minutes late for a Gig, the Client may:
a) Object to its commencement without any penalty;
b) Adjust the Gig duration by subtracting up to 3 hours;
c) Adjust the start and end time of the Gig while maintaining the previously agreed Gig duration.
10. TERMINATION OF THIS AGREEMENT
10.1 Termination. Either party may terminate this Agreement, without cause, with immediate effect, by communicating its decision to the other party. However, the cancellation of this Agreement does not relieve either party of the existing clauses of this Agreement regarding all Gig Commitments entered into the Application, whether completed or to be completed, until the cancellation of the Agreement.
10.2 Survival. Sections 3. ("Payment"), 4. ("Merytu Intellectual Property"), 5. ("Confidentiality"), 6. ("Disclaimers"), 7. ("Limitation of Liability"), 10.2. ("Survival") and 11. ("Miscellaneous") shall remain valid after the termination or assignment of this agreement and/or any modification or cessation of the Application. The termination of this agreement shall not affect the parties' liabilities for any breaches of the terms of this agreement prior to its termination or expiration.
11. MISCELLANEOUS11. MISCELLANEOUS
11.1 This Agreement, as well as the relationship between Merytu and the Client, shall be governed by and interpreted in accordance with Portuguese law, regardless of their country of domicile or where access to the Application was obtained. The parties agree to submit any issue arising from this Agreement to the Courts of the District of Lisbon, expressly waiving any other jurisdiction.
11.2 In the event of a consumer dispute, as defined by Law no. 144/2015 of September 8, the consumer may resort to the competent alternative consumer dispute resolution entity. Without prejudice to the provisions of the legislation, statutes, and regulations by which alternative consumer dispute resolution entities are bound, the consumer may choose the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr, the alternative consumer dispute resolution entity of their place of residence, or a specialized alternative dispute resolution entity, if one exists for the sector in question. If no alternative dispute resolution entity(ies) exist(s) as provided in the preceding paragraph, or if the existing one(s) is/are not considered competent due to the value of the dispute, the consumer may resort to the National Center for Consumer Conflict Information and Arbitration, with the email address: geral@cniacc.pt and available on the website www.cniacc.pt.
11.3 Before any complaint or legal action of any kind, the Client agrees to first inform Merytu (geral@merytu.com) of the complaint in question, attempting to resolve it. This complaint notification must contain: Client's name, relevant account information, a brief description of the issue, and contact information, so that Merytu can promptly assess the complaint and informally resolve the situation. Merytu will have 60 days from the date of the original notification to informally resolve the situation, which, if successfully resolved, will eliminate the need for subsequent actions.
12. MERYTU CONTACT12. MERYTU CONTACT
If you wish to report any violation of the Client Agreement, have any questions, or require clarification, please contact Customer Support at geral@merytu.com.
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merytu services mentioned herein as well as their respective logos are trademarks or registered trademarks of MerytucentricS.A... in Portugal and other countries. These materials are provided by merytu for informational and internal purposes only, without representation or warranty of any kind and merytu shall not be liable for errors or omissions with respect to the materials. The only warranties for merytu services are those that are set forth in the express warranty statements accompanying such services, if any. Nothing herein should be construed as constituting an additional warranty.
In particular, merytu has no obligation to pursue any course of business outlined in this document or any related presentation, or to develop or release any functionality mentioned therein. This document, or any related presentation and merytu strategy and possible future developments and/or platform directions and functionality are all subject to change and may be changed by merytu at any time for any reason without notice. The information in this document is not a commitment, promise or legal obligation to deliver any material, code or functionality. All forward-looking statements are subject to various risks and uncertainties that could cause actual results to differ materially from expectations. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their dates and they should not be relied upon in making purchasing decisions.
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Updated on March 10, 2026
All Rights Reserved 2026 Merytucentric S.A.
