Terms and Conditions
Merytu Professional Services Agreement
The Merytu desktop and mobile application is an internet application (the "Application") owned and operated by Merytucentric S.A. (the "Merytu").The Merytu desktop and mobile application is an internet application (the "Application") owned and operated by Merytucentric S.A. (the "Merytu").
Merytu provides a service (the "Service") that allows its clients (the "Client" or "Clients") to access the Merytu network of independent contractors ("Meryters") to advertise requests for professional services they occasionally need ("Gig" or "Gigs").
Merytu provides a service (the "Service") that allows its clients (the "Client" or "Clients") to access the Merytu network of independent contractors ("Meryters") to advertise requests for professional services they occasionally need ("Gig" or "Gigs").
Meryters have access to the Application to receive and review service requests posted by Clients ("Gig Requests," as further defined in Section 1 below), and to determine their interest and availability regarding said requests.
Meryters have access to the Application to receive and review service requests posted by Clients ("Gig Requests," as further defined in Section 1 below), and to determine their interest and availability regarding said requests.
The Meryter's acceptance of a Gig Request generates a "Gig Commitment" (as further defined in Section 1 below). In turn, the Gig Commitment generates a "Meryter Service Agreement."
The Meryter's acceptance of a Gig Request generates a "Gig Commitment" (as further defined in Section 1 below). In turn, the Gig Commitment generates a "Meryter Service Agreement."
The Meryter Service Agreement will govern the terms and conditions under which the Meryter undertakes, before the Client, to provide the Gig as a professional, punctual, and time-limited service.The Meryter Service Agreement will govern the terms and conditions under which the Meryter undertakes, before the Client, to provide the Gig as a professional, punctual, and time-limited service.
Acknowledgment and Acceptance of the Independent Contractor AgreementAcknowledgment and Acceptance of the Independent Contractor Agreement
The terms of use present in the independent contractor agreement (the "Terms of Use" or "Agreement") constitute an agreement that defines the legal boundaries of the relationship between the Meryter and Merytu.
By registering to become a Meryter, the independent contractor expressly and irrevocably declares that they 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 terms of use present in the independent contractor agreement (the "Terms of Use" or "Agreement") constitute an agreement that defines the legal boundaries of the relationship between the Meryter and Merytu.
By registering to become a Meryter, the independent contractor expressly and irrevocably declares that they 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.
Merytu reserves the right to amend the terms of this Agreement and any additional terms at any time. The Agreement will be considered effectively amended once the changes are made available in the Application. The Meryter is responsible for regularly reviewing this Agreement, identifying updates and changes to its terms. Use of the Application after any amendment to this Agreement constitutes your acceptance of such amendments.
In addition to 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.Merytu reserves the right to amend the terms of this Agreement and any additional terms at any time. The Agreement will be considered effectively amended once the changes are made available in the Application. The Meryter is responsible for regularly reviewing this Agreement, identifying updates and changes to its terms. Use of the Application after any amendment to this Agreement constitutes your acceptance of such amendments.
In addition to 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.
By accepting this Agreement, the Meryter declares to be able to electronically receive, download, and print this Agreement and any other terms, information, or forms required, incorporated, and/or arising from this Agreement, as well as any addendum to this Agreement, or any other elements required by Merytu or by law. Additionally, the Meryter agrees to provide and permanently keep updated the information in their Meryter account, including, but not limited to, email address, physical address, and telephone contact.By accepting this Agreement, the Meryter declares to be able to electronically receive, download, and print this Agreement and any other terms, information, or forms required, incorporated, and/or arising from this Agreement, as well as any addendum to this Agreement, or any other elements required by Merytu or by law. Additionally, the Meryter agrees to provide and permanently keep updated the information in their Meryter account, including, but not limited to, email address, physical address, and telephone contact.
Use of the Application is limited to individuals who can legally operate as independent contractors in accordance with applicable laws. Meryters may not have more than one active account. Meryters whose accounts have been blocked may not create a new account. Meryter accounts are personal and non-transferable, so each Meryter may only use their personal account for Gigs. It is hereby established that use of the Application is limited to individuals aged 18 or older. If you do not meet these requirements, you are not eligible to register for the Application and must refrain from any activity on it.Use of the Application is limited to individuals who can legally operate as independent contractors in accordance with applicable laws. Meryters may not have more than one active account. Meryters whose accounts have been blocked may not create a new account. Meryter accounts are personal and non-transferable, so each Meryter may only use their personal account for Gigs. It is hereby established that use of the Application is limited to individuals aged 18 or older. If you do not meet these requirements, you are not eligible to register for the Application and must refrain from any activity on it.
1. DEFINITIONS1. DEFINITIONS
1.1 1.1 "Gig ContentGig Content" – refers to the description, characteristics, and specificities that make up the content present in the Gig Posting, related to the Meryter's performance in the Gig in question, as well as the determination of the amount to be paid for the provision of the Gig ("PaymentPayment"). The Gig Content is the sole responsibility of the Client;"" – refers to the description, characteristics, and specificities that make up the content present in the Gig Posting, related to the Meryter's performance in the Gig in question, as well as the determination of the amount to be paid for the provision of the Gig (""). 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;1.2 "Gig Posting" – refers to the notification generated by Merytu to one or more Meryters regarding the Gig Content;
1.3 "Merytu desktop or mobile application" or the "Application" – refers to the software used by Merytu in connection with the Service;
1.3 "Merytu desktop or mobile application" or the "Application" – refers to the software used by Merytu in connection with the Service;
1.4 "Gig Request" – refers to a service request from the Client that contains the Gig Content to identify Meryters whose characteristics and availability allow them to perform the said Services. Once the Client and the Meryter agree to the terms of the Gig Request, in accordance with Section 2 below, the Gig Request becomes a "Gig Commitment" and generates a Meryter Service Agreement.1.4 "Gig Request" – refers to a service request from the Client that contains the Gig Content to identify Meryters whose characteristics and availability allow them to perform the said Services. Once the Client and the Meryter agree to the terms of the Gig Request, in accordance with Section 2 below, the Gig Request becomes a "Gig Commitment" and generates a Meryter Service Agreement.
2. MERYTERS2. MERYTERS
2.1 GIGs: Once a Meryter accepts a Gig Request, the open request will no longer be available for acceptance by other available Meryters who received the open request.2.1 GIGs: Once a Meryter accepts a Gig Request, the open request will no longer be available for acceptance by other available Meryters who received the open request.
By accepting the open request, the Meryter agrees to provide the Service for a Payment specified in the Gig Request.
By accepting the open request, the Meryter agrees to provide the Service for a Payment specified in the Gig Request.
The Meryter must not accept any Gig Request unless they are certain that, cumulatively:
The Meryter must not accept any Gig Request unless they are certain that, cumulatively:
(i) Fully understands what is required of them to perform;
(i) Fully understands what is required of them to perform;
(ii) Is able to fully perform the services mentioned in the Gig Content;
(ii) Is able to fully perform the services mentioned in the Gig Content;
(iii) Is able to perform the service on the defined date and time; and if necessary; and
(iii) Is able to perform the service on the defined date and time; and if necessary; and
(iv) Is able to travel to and from the location defined by the Client, having secured all other logistical conditions required by the commitment for punctual and regular attendance at the designated time, date, and location, including transport and accommodation;
(iv) Is able to travel to and from the location defined by the Client, having secured all other logistical conditions required by the commitment for punctual and regular attendance at the designated time, date, and location, including transport and accommodation;
(v) Will maintain impeccable personal hygiene, be in full physical and psychological condition, and possess the required sobriety, not being under the influence of any substances that compromise the proper execution of the duties to be performed.
(v) Will maintain impeccable personal hygiene, be in full physical and psychological condition, and possess the required sobriety, not being under the influence of any substances that compromise the proper execution of the duties to be performed.
(vi) Will act in accordance with current legislation, not engaging in any unlawful conduct.(vi) Will act in accordance with current legislation, not engaging in any unlawful conduct.
2.2 Gig Non-compliance:Gig Non-compliance: Failure, during the Gig, to fully provide the services agreed upon through the Gig Commitment under (i) to (vi) of the preceding paragraph constitutes a breach of the Meryter Service Provision Agreement.2.2 Failure, during the Gig, to fully provide the services agreed upon through the Gig Commitment under (i) to (vi) of the preceding paragraph constitutes a breach of the Meryter Service Provision Agreement.
2.3 Special GigSpecial Gig: A Gig whose nature may entail a higher payment to the Meryter due to a specific characteristic of the Gig (special dates, special hours, etc.).2.3 : A Gig whose nature may entail a higher payment to the Meryter due to a specific characteristic of the Gig (special dates, special hours, etc.).
2.4 Non-compliance with Special GigsNon-compliance with Special Gigs: Failure, during a Special Gig, to fully provide the services agreed upon through the Gig Commitment under (i) to (vi) of point 2.2 above, constitutes a breach of the Meryter Service Provision Agreement.2.4 : Failure, during a Special Gig, to fully provide the services agreed upon through the Gig Commitment under (i) to (vi) of point 2.2 above, constitutes a breach of the Meryter Service Provision Agreement.
2.5 Night Mode: 2.5 Night Mode: A Gig that partially or totally includes hours between 00:00 and 07:00. This mode may entail a 50% increase to the Meryter's normal hourly rate.A Gig that partially or totally includes hours between 00:00 and 07:00. This mode may entail a 50% increase to the Meryter's normal hourly rate.
Unforeseen mode is considered whenever additional hours are required beyond the schedule previously established by the Gig invitation. Hours in unforeseen mode may entail a 25% increase to the Meryter's normal hourly rate.Unforeseen mode is considered whenever additional hours are required beyond the schedule previously established by the Gig invitation. Hours in unforeseen mode may entail a 25% increase to the Meryter's normal hourly rate.
2.7 Communication: 2.7 Communication: The Meryter is entirely responsible for communicating to the Client company any changes they intend to make to a previously accepted Gig commitment.The Meryter is entirely responsible for communicating to the Client company any changes they intend to make to a previously accepted Gig commitment.
3. MERYTER STATUS3. MERYTER STATUS
3.1 3.1 This Agreement shall not, in any way or manner, be interpreted as the formation of any type of partnership, joint venture, employment relationship, or any other type of bond between Merytu and the Meryter.This Agreement shall not, in any way or manner, be interpreted as the formation of any type of partnership, joint venture, employment relationship, or any other type of bond between Merytu and the Meryter.
The Meryter expressly and irrevocably acknowledges that the use of this Service is based on the sole premise that they act as a service provider for the Client and not for Merytu.The Meryter expressly and irrevocably acknowledges that the use of this Service is based on the sole premise that they act as a service provider for the Client and not for Merytu.
The Meryter expressly and irrevocably declares and guarantees that they will not act, directly or indirectly, to establish any bond, relationship, or connection with Merytu, especially of an employment nature.The Meryter expressly and irrevocably declares and guarantees that they will not act, directly or indirectly, to establish any bond, relationship, or connection with Merytu, especially of an employment nature.
Meryter is not an agent or representative of Merytu or the Client, and is neither authorized nor permitted to represent to third parties that it is authorized to bind or perform any action on behalf of Merytu or the Client.Meryter is not an agent or representative of Merytu or the Client, and is neither authorized nor permitted to represent to third parties that it is authorized to bind or perform any action on behalf of Merytu or the Client.
Meryter is not authorized to use Merytu's image, logo, or any identifying element, unless expressly authorized in writing by Merytu.
Meryter is completely free to choose whether or not to use the Application. Should Meryter decide to use the Application, they have complete freedom to choose whether to accept any Gig Request and, from the available requests, which ones to accept. Meryter receives no instructions from Merytu regarding how to perform the service/Gig.
Merytu does not dictate when Gigs occur.
Merytu does not provide Meryters with any instructions, orders, or guidelines regarding the performance of Gigs, including the Meryter's conduct or presentation to the Client.
Merytu does not guarantee Meryters any minimum number of Gig Posts or Gig Engagements. Similarly, Merytu does not guarantee the payment of any amount (fixed or variable) to the Meryter.
Merytu does not guarantee to Meryters that a Gig Commitment will take place, nor is it obligated to provide a replacement if a planned Gig Commitment does not materialize.
Merytu does not provide any performance evaluations to Meryters, nor does it supervise or instruct Meryters regarding service delivery.
Merytu does not provide any training, tools, equipment, or goods to the Meryter. Merytu does not grant any benefits or reimburse expenses to the Meryter.
Meryter is entirely free to provide services to any other entities, including competitors of the Application. Therefore, there is no exclusivity obligation between Merytu and Meryter.
Meryter expressly and irrevocably declares and warrants that, not being a Portuguese national or a national of another European Union Member State, he holds a residence permit that allows him to perform his activity as a self-employed worker.
Meryter expressly and irrevocably acknowledges that it is solely and exclusively responsible for obtaining and maintaining in force any registration, title, authorization, license, qualification, insurance, or any other requirement that proves necessary for its legal compliance as a Meryter and for the services provided as such. Meryter shall provide any and all information and/or documents that Merytu requests from it in this context, from the moment of registration until termination.
4. PAYMENT
Merytu collects payment on behalf of the Meryter for each Gig. Payment for Gigs completed on the platform is made weekly on a day determined by Merytu. Once payment is issued on the day predetermined by Merytu, it is the banking partner's responsibility to ensure the funds are made available in the professional's account, which should occur within 48 hours of Merytu's cash-out issuance day. Any delay in this regard is solely and exclusively attributable to the banking partner performing the service. Merytu reserves the right to change the payment day or frequency. For a Gig to be eligible for payment, it must have been completed using the in-app check-in/out feature and include a rating of the experience quality. If check-in/out is not performed according to the normal process, for Gigs to be eligible for payment, attendance must be regularized by the Meryter and the Client by the day before payment. It is the responsibility of both the Meryter and the Client to make their best efforts to ensure Gig attendance is regularized, specifically by communicating with each other for this purpose. Merytu bears no responsibility for Gigs that are not paid due to unregularized attendance. Payment for completed Gigs is made via SEPA transfer, through the national banking system. Merytu holds no responsibility for the timeframes within which transferred amounts are made available in recipients' accounts. Account availability depends on all rules and operating procedures of the national banking system and the SEPA transfer system.
4.1 SEPA Direct Debit Authorization. By accepting this Agreement, the Meryter authorizes Merytucentric S.A. (Creditor, NIF 515465135) to send instructions to their Bank to debit the account associated with the IBAN in their user profile, under the SEPA Direct Debit scheme, exclusively for the settlement of amounts unduly paid to the Meryter due to error, duplicate transfer, or any other cause resulting in an overpayment. Merytucentric S.A. will notify the Meryter at least 1 (one) business day before each debit, via email or through the Application, stating the amount, reason, and scheduled date. The Meryter has the right to request a refund from their Bank for the debited amount within eight weeks from the debit date. The Meryter may revoke this authorization at any time by written communication to geral@merytu.com, with effect in 1 (one) business day, without prejudice to debits already made. The Meryter undertakes to keep the IBAN in their profile updated, and updating it constitutes a renewal of this authorization for the new account.
5. TAXES
Meryter hereby expressly and irrevocably acknowledges that it is solely and exclusively responsible for settling and paying its taxes to the Tax Authority and contributions to Social Security, in accordance with the legal and tax obligations in force for the status of self-employed worker, due by virtue of the provision of the Service. By using the Application, Meryter declares its compliance with all applicable legal and tax obligations related to the status of self-employed worker.
6. CONSENT TO USE THE TAX PORTAL ACCOUNT
Merytu's automatic management and billing system requires linking the professional's Merytu account to their user account on the tax portal. Authorizing this link is mandatory to complete the professional's Merytu account, as it specifically enables the automated process to assist with business registration (self-employed), the user's address validation, the automatic issuance of invoices/receipts generated from professional engagements within the Merytu Application, and viewing the professional's total billing. This requires entering the username and password for your Tax Portal account. This information will be used solely to create a sub-user within your main tax portal account, whose only access is limited to the tax portal's option for submitting the business registration file, entering the code sent by mail for address validation, issuing invoices/receipts to clients via the Tax Portal, and viewing the professional's total billing. The sub-user's data, with exclusive access to the functions mentioned above, are stored securely and confidentially in encrypted format using the AES-256 protocol. In accordance with the technology provided by the tax authority on the Tax Portal, this sub-user has no access to any other information contained in the main account of its holder, nor any ability to perform any functions other than submitting business registration files for self-employed professionals, receiving a code for address validation, issuing invoices/receipts to clients generated from the user's professional engagements within the Application, and viewing the professional's total billing.
Meryter hereby expressly and irrevocably authorizes Merytu to access its reserved area of the Tax Portal – www.portaldasfinancas.gov.pt – for the purpose of creating a sub-user that exclusively accesses the option for submitting the self-employed activity commencement file, receiving the address verification code, issuing invoice-receipts generated through the user's professional engagements within the Application, and consulting the professional's total invoicing. For this purpose, Meryter must previously provide Merytu with the respective login details (tax identification number and access password), as well as whenever these are changed.
The authorization granted by Meryter under this clause shall remain in effect for the entire period during which Meryter is registered with Merytu.
Meryter acknowledges that the commencement of activity as a self-employed individual with the Tax Authority by Merytu is Meryter's full and express will. Any tax or other consequences arising therefrom, including, but not limited to, tax payments, fines, assessments, loss of social benefits, or any other nature, are the sole responsibility of Meryter, and Meryter shall not be entitled to claim anything from Merytu in this regard.Meryter acknowledges that the commencement of activity as a self-employed individual with the Tax Authority by Merytu is Meryter's full and express will. Any tax or other consequences arising therefrom, including, but not limited to, tax payments, fines, assessments, loss of social benefits, or any other nature, are the sole responsibility of Meryter, and Meryter shall not be entitled to claim anything from Merytu in this regard.
Merytu commits to accessing the restricted area of the Tax Portal solely for the purposes stipulated in this clause.
7. THIRD-PARTY PAYMENT PROCESSING
Payment processing for Meryters for services rendered is carried out through Banco Santander and is subject to the terms of the Banco Santander account, which include Santander's terms of service. By agreeing to these terms, the Meryter expressly and irrevocably accepts to be bound by Banco Santander's terms of service, which may be modified by Banco Santander at any time, under the terms defined by this bank. As a condition for Merytu to be able to provide payment through the services rendered by Banco Santander, the Meryter agrees to provide accurate and up-to-date information and authorizes Merytu to share it as part of the transactional information related to the use of Santander's payment processing system.
8. OCCUPATIONAL ACCIDENT INSURANCE FOR SELF-EMPLOYED INDIVIDUALS. POLICY ACTIVATION.
Meryter, as a self-employed worker, acknowledges their legal obligation to carry occupational accident insurance for self-employed individuals.
Merytu does not hold a work accident insurance policy for independent contractors that covers Meryters ("Policy"), nor does it pay any amount or subscribe to any insurance for Meryters in this context.
Within the scope of the Service, Merytu solely facilitates the transaction between Meryters and Generali Seguros, S.A. to ensure Meryters have access to a policy that guarantees legal compliance with the mandatory work accident insurance for independent contractors on each Gig. The Meryter is solely responsible for the policy. The activation and deactivation of the independent contractor policy is processed through Generali Tranquilidade and is subject to Generali Tranquilidade's terms, which include Generali Tranquilidade's Service terms.
By agreeing to these terms, the Meryter agrees to be bound by the Service terms of the Generali Tranquilidade policy, for which they are the policyholder and beneficiary. As a condition for Merytu to provide policy activation and deactivation, the Meryter agrees to provide accurate and up-to-date information and authorizes Merytu to share this information as part of the transactional data related to the use of the policy activation system with Generali Tranquilidade.
Specifically, in the event of an accident during the provision of services for a Gig completed through the Application, the Meryter understands and accepts that they will not be covered by any occupational accident insurance provided by Merytu, and that Merytu will therefore have no liability in this context.
9. OCCUPATIONAL SAFETY AND HEALTH
Meryter hereby declares and acknowledges that, as an independent contractor, it is subject to obligations under Law no. 3/2014, of January 28th (which enacts the second amendment to the legal framework for the promotion of occupational safety and health, approved by Law no. 102/2009, of September 10th). Accordingly, Meryter declares and warrants that, prior to each Gig, it will ensure compliance with all applicable duties and obligations regarding occupational safety and health, specifically obtaining the corresponding fitness certificate.Meryter hereby declares and acknowledges that, as an independent contractor, it is subject to obligations under Law no. 3/2014, of January 28th (which enacts the second amendment to the legal framework for the promotion of occupational safety and health, approved by Law no. 102/2009, of September 10th). Accordingly, Meryter declares and warrants that, prior to each Gig, it will ensure compliance with all applicable duties and obligations regarding occupational safety and health, specifically obtaining the corresponding fitness certificate.
10. BILLING PROCESSING
Invoicing for the service provided by Meryter is carried out through Merytu's integration with the Portal das Finanças and is subject to the terms of that service. The invoice-receipts related to the completion of each Gig will be issued in Meryter's name. By agreeing to these terms, Meryter agrees to be bound by the Portal das Finanças Terms of Service, which may be modified by the Portal das Finanças at any time. As a condition for Merytu to be able to provide invoicing through the Portal das Finanças, Meryter agrees to provide accurate and up-to-date information regarding its Portal das Finanças credentials, and must notify Merytu of any changes to these within 3 business days.
11. Customer Support
Merytu provides professionals with a support service (Customer Care), accessible by phone, email, and instant messaging. This service is typically available seven (7) days a week, during pre-defined hours.
Any unavailability of the service on the stipulated days or times does not relieve the professional from fulfilling the obligations arising from this agreement. The operating hours of the Customer Care service are at Merytu's sole discretion and may be changed unilaterally without prior notice.
The Customer Care service should only be utilized during the designated days and hours, and exclusively through the specified contact methods. Any request submitted outside these parameters will not receive a response or resolution from this service.
The use of Meryter's Customer Care service requires conduct characterized by civility, respect, and appropriate communication, whether written or verbal. Any interaction that demonstrates slanderous, disrespectful, insulting, or negligent behavior, directed at clients, employees, administrators, or partners of Merytucentric S.A., constitutes a violation of this agreement, will result in the immediate termination of professional support services, and may lead to the perpetrator being prohibited from accessing and using the Merytu platform.
12. Confidentiality
Meryter may have access to confidential information during the provision of services underlying the Gig Commitments.
Confidential information means any and all information related to Merytu or any Client – including, but not limited to, trade secrets, technical information, business strategies and forecasts, marketing plans, Client supplier lists, personnel information, financial information, or information held by third parties – whether verbal or written, classified as confidential or that should reasonably be understood as confidential given its nature or the circumstances in which it is communicated ("Confidential Information").
Throughout the term of this Agreement and for a period of 2 years following its termination, however caused, Meryter undertakes to (a) refrain from disclosing or permitting others to disclose any Confidential Information in any form or for any purpose not expressly authorized or required by this Agreement, and (b) refrain from disclosing or permitting others to disclose any Confidential Information to any third parties without obtaining Merytu's prior consent on a case-by-case basis.
12.2 Standard of Care. Merytu states that it will protect confidential information from unauthorized use, access, or disclosure in the same manner that it protects its own confidential information or information of a similar nature.
12.3 Exceptions. 12.3 Exceptions. Meryter's obligations under Sections 12.1 and 12.2 shall cease with respect to any information that can be proven, through clear and unequivocal evidence, that (a) Meryter had knowledge of the information prior to accessing it in the present context, (b) Meryter obtained the information through disclosure by a third party free of any duty of secrecy or confidentiality, or (c) the information is generally known to the public. Additionally, Meryter may disclose content expressly authorized by Merytu or when required by law or court order.
Meryter's obligations under Sections 12.1 and 12.2 shall terminate with respect to any information for which it can be demonstrated, by clear and unequivocal evidence, that (a) Meryter had knowledge of the information prior to accessing it in the present context, (b) Meryter obtained access to the information through disclosure by a third party free of any duty of secrecy or confidentiality, or (c) the information is generally known to the public. Furthermore, Meryter may disclose content expressly authorized by Merytu or when required by law or court order.
12.4 Termination. 12.4 Termination. Upon Merytu's request or in the event of termination of this Agreement, for any reason, the Meryter undertakes, according to the instructions given by Merytu, to: (a) immediately return to Merytu or destroy all Confidential Information; (b) permanently delete all electronic files containing or referring to Confidential Information; (c) certify to Merytu in writing that they have fully complied with the obligations set forth in (a) and (b) of this point or others as required by Merytu.At Merytu's request or upon termination of this Agreement for any reason, Meryter undertakes, as instructed by Merytu, to: (a) immediately return to Merytu or destroy all Confidential Information; (b) permanently delete all electronic files containing or referring to Confidential Information; (c) certify to Merytu in writing that it has fully complied with the obligations set forth in (a) and (b) of this clause or any others required by Merytu.
13. REPRESENTATIONS AND WARRANTIES13. REPRESENTATIONS AND WARRANTIES
13.1 General. 13.1 General. The Meryter hereby expressly and irrevocably declares that:Meryter hereby expressly and irrevocably declares that:
a. Complies with all requirements set forth in this Agreement to be a Meryter and provide Services to Clients, and will immediately inform Merytu if there is any change impacting this declaration;a. Complies with all requirements set forth in this Agreement to be a Meryter and provide Services to Clients, and will immediately notify Merytu of any change impacting this declaration;
b. Will fully comply with the provisions of this Agreement;b. Will fully comply with the provisions of this Agreement;
c. Will fully comply with the Client's specifications, requirements, or any other terms when accepting a Gig request through the Application, providing services in that scope impeccably and with high professional quality;c. You will fully comply with the Client's specifications, requirements, or any other terms when accepting a Gig request through the Application, providing services within that scope flawlessly and with high professional quality;
d. Will comply with all applicable laws, rules, and regulations in the scope of services performed under this Agreement.d. Shall comply with all applicable laws, rules, and regulations in connection with the services performed under this Agreement.
13.2 Indemnification. 13.2 Indemnification. The Meryter agrees to indemnify, defend, and hold harmless Merytu, as well as the "Merytu" group companies, their corporate bodies, partners, employees, consultants, suppliers, and any third parties related thereto, from and against any liabilities, losses, damages (including lost profits), costs, and other expenses (including court costs and legal fees associated with litigation) related to or arising from: (1) the Meryter's breach of any representation, statement, warranty, covenant, or obligation derived from this Agreement; (2) any negligent or intentional act or omission committed by the Meryter that results in any negative consequences for Merytu, the "Merytu" group companies, their corporate bodies, partners, employees, consultants, suppliers, and any third parties related thereto; (3) claims brought by any Client; or (4) any violation by the Meryter of applicable laws.Meryter agrees to indemnify, defend, and hold harmless Merytu, as well as the Merytu group companies, its officers, shareholders, employees, consultants, suppliers, and any third parties related thereto, from and against any liabilities, losses, damages (including lost profits), costs, and other expenses (including court costs and legal fees associated with litigation) arising out of or related to: (1) Meryter's breach of any representation, statement, warranty, covenant, or obligation arising from this Agreement; (2) any negligent or intentional act or omission committed by Meryter resulting in any negative consequences for Merytu, the Merytu group companies, its officers, shareholders, employees, consultants, suppliers, and any third parties related thereto; (3) claims made by any Client; or (4) any violation by Meryter of applicable laws.
The Meryter shall refrain from involving Merytu in the context of any claims/actions brought by third parties with reference to any acts performed by them.Meryter shall not involve Merytu in the context of any claims/actions brought by third parties in connection with any acts performed by Meryter.
13.3 Warranties. 13.3 Warranties. The service is provided "as-is" and as available. Merytu expressly disclaims all warranties or conditions of any kind, whether express or implied, including warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Merytu does not warrant that (a) the service will be uninterrupted, timely, secure, or error-free; or (b) that Gig Postings will exist.The service is provided "as-is" and as available. Merytu expressly disclaims all warranties or conditions of any kind, whether express or implied, including warranties or conditions of merchantability, fitness for a particular purpose, title, "quiet enjoyment", accuracy, or "non-infringement of third-party rights". Merytu does not warrant that (a) the service will be uninterrupted, timely, secure, or error-free; or (b) that there will be Gig Posts.
14. LIMITATION OF LIABILITY14. LIMITATION OF LIABILITY
14.1 14.1 Merytu does not guarantee the availability and continuous operation of the Service. Accordingly, Merytu will under no circumstances be liable for any damages or losses arising from (i) the lack of availability or accessibility of the Application; (ii) the interruption of the Application's operation or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in lines, data centers, the internet system, or other electronic systems, occurring 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 availability and continuous operation of the Service. In these terms, Merytu will in no event be liable for any damages or losses arising from (i) the lack of availability or accessibility to the Application; (ii) the interruption of the Application's operation or 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.
14.2 14.2 Merytu does not guarantee the absence of viruses or other elements in the Application introduced by third parties unrelated to Merytu that could cause alterations to the Meryter's physical or logical systems, or to electronic documents and files stored on their systems. Consequently, Merytu will under no circumstances be liable for any damages of any nature arising from the presence of viruses or other elements that could cause alterations to the Meryter's physical or logical systems, electronic documents, or files.
Merytu does not guarantee the absence of viruses or other elements in the Application introduced by third parties unrelated to Merytu that may cause alterations to the Meryter's physical or logical systems or to electronic documents and files stored in their systems. Consequently, Merytu will in no event 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 Meryter's physical or logical systems, electronic documents, or files.
14.3 14.3 It is the Meryter's responsibility to ensure that they have downloaded the correct Application on their device, as well as the latest available version of it. Merytu will not be liable if the Meryter does not have a compatible device or downloads a version of the Application incompatible with their device.
It is the Meryter's responsibility to ensure that they have downloaded the correct Application to their device, as well as the latest available version of it. Merytu will not be responsible if the Meryter does not have a compatible device or downloads an Application version incompatible with their device.
14.4 The Meryter hereby releases Merytu from any obligations, claims, or damages arising from the relationship between the Meryter and the Client. Any liabilities or obligations arising from the relationship between the Client and the Meryter shall rest solely with the Meryter, with all the implications thereof. The Meryter understands and expressly acknowledges that Merytu has no duty to ensure the completion of a Gig Commitment, nor its replacement. The Meryter understands and expressly acknowledges that they will not be entitled to any payment or compensation in the event of a Gig Commitment cancellation by a Client.
15. TERMINATION
15.1 Termination by Merytu. Merytu reserves the right to terminate this Agreement at any time, without prior notice.
15.2 Survival Provisions. Clauses 3 ("Meryter Status"), 12 ("Confidentiality"), 13 ("Representations and Warranties"), 14 ("Limitation of Liability"), 15.2 ("Survival Provisions") and 16 ("Miscellaneous") shall remain valid even 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 that occurred prior to its termination or expiration.
16. MISCELLANEOUS
16.1 This Agreement, as well as the relationship between Merytu and the Meryter, shall be governed by and interpreted in accordance with Portuguese law, regardless of their country of origin 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.
16.2 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 to 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 domicile, or the 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.
16.3 Before any complaint or legal action of any kind, the Meryter agrees to first inform Merytu (geral@merytu.com) of the complaint in question, attempting to resolve it. This complaint notification must include: the Meryter'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.
17. MERYTU CONTACT
If you wish to report any violation of this Agreement, have any questions, or require clarification, please contact Meryter Support at geral@merytu.com.
No part of this publication may be reproduced or transmitted in any form or for any purpose without the express permission of merytu.
merytu services mentioned herein as well as their respective logos are trademarks or registered trademarks of Merytucentric S.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.
This presentation contains confidential information and is intended for internal purposes only. You may not use, copy or disclose to anyone this document or any information contained in it or from any attachments that were sent with this presentation. Unauthorised disclosure and/or use of information contained in this document may result in civil and criminal liability. Everything in this document and attachments relating to the official business of merytu is proprietary to the company.
No warranties are created or implied that an employee of merytu and/or a contractor of the company is authorized to create and send this document.
Updated on March 10, 2026
All Rights Reserved 2026 Merytucentric S.A.
