Introduction and legal status
These Terms of Use (the “Terms”) form a legally binding agreement between you and the operator of the MergeCrew platform (“we”, “us”, “our”). The platform is a technology service for discovering, matching and safely collaborating between individuals, companies and distributed teams. Unless expressly stated otherwise in a specific product/service, we are not an employer, recruitment agency or a party to contracts between users.
Eligibility and age
By using the Service you represent that you are at least 18 years old and have legal capacity to enter into contracts on your own behalf or as an authorised representative of a company, and that your use of the Service does not violate any applicable laws, including export control and sanctions regimes.
Account, security, verification
You must provide accurate and up-to-date information, keep your credentials confidential and promptly notify us of any unauthorised access. We may require KYC/AML verification for posting jobs, increasing limits and receiving payouts, and may temporarily restrict functionality during review.
Access and acceptable use
- You must not violate law, third-party rights, community rules or technical restrictions.
- Scraping, circumventing security, unauthorised bots/automation and reverse engineering are prohibited.
- You may not post fake jobs/profiles, engage in spam or review manipulation, or bypass platform fees in an active deal.
- We may limit, suspend or terminate access in case of violations.
Content, licences and IP rights
You retain rights to your content. You grant us a non-exclusive, worldwide and royalty-free licence to host, cache, display and technically process it in order to provide the Service. Content that infringes IP rights may be removed through our Notice-and-Takedown / DSA process (see AUP).
Unless expressly agreed in writing, rights to deliverables under a deal pass to the Client after full payment of the relevant milestone in the scope necessary for ordinary use. Exclusive rights, open-source licences and third-party IP must be documented separately in the SOW/offer.
Fees, taxes and billing
Platform fees and provider charges are displayed in the interface when you create a deal. Taxes and mandatory withholdings are determined by applicable laws and/or your payment provider terms. We may withhold or remit taxes if required by law.
Escrow, releases, refunds and disputes
- The Client funds a milestone into escrow before work starts.
- The Talent delivers the work; the Client approves release or opens a dispute within 7–14 days.
- If the Client remains inactive, funds may be automatically released. During a dispute, funds are held in escrow.
Refunds may be issued before work starts, as a result of a dispute, or by mutual agreement. In case of chargeback the provider may reverse the amount; the account may be limited until the situation is resolved. Details are set out in our escrow and payments rules.
Reviews, ratings and fairness
Reviews must reflect genuine experience and comply with our rules. Manipulation, quid-pro-quo schemes and coercion are prohibited. We may hide or remove reviews that violate standards or law.
Third-party content and integrations
The Service may contain links to or integrations with third-party products (ATS/HRIS, cloud, communications providers, etc.). We are not responsible for their content or terms. Your use of them is governed by the relevant provider’s agreements.
API and automation
API access may be granted under separate terms (key, quotas, anti-abuse rules, no scraping or reselling of data, token security). Breach may result in revocation of access.
AI, explainability and limitations
Match recommendations are generated by algorithms that exclude protected characteristics as input signals. Material decisions are accompanied by an option to request human review. We provide reasonable explanations of key factors.
Beta features
Beta features are provided “as is”, may change or be discontinued at any time and are not intended for mission-critical use.
Export, sanctions and anti-corruption
Use of the Service in violation of export control, EU/UK/US sanctions or anti-corruption laws is prohibited. We may block accounts/transactions where we reasonably believe there is a risk of violation.
Privacy and security
Processing of personal data is governed by our Privacy Policy. We apply technical and organisational measures, perform risk assessments and train staff on data protection and security.
Termination, suspension and survival
You may stop using the Service at any time. We may suspend or terminate access in case of violations. Provisions on privacy, IP, limitation of liability, indemnity and dispute resolution will survive termination.
No warranties
The Service is provided on an “as is” and “as available” basis. We do not warrant that it will be error-free, uninterrupted, compatible with your systems or that it will achieve any particular outcome (such as hiring or revenue).
Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, punitive, special or consequential damages, or for loss of profits, data, goodwill or business opportunities. Our aggregate liability is limited to the higher of: (i) fees actually paid by you to us in the 12 months prior to the event; or (ii) €100. Nothing in these Terms limits liability that cannot legally be limited.
Indemnification
You agree to defend, indemnify and hold us harmless from any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of your breach of law, third-party rights or these Terms.
Governing law and dispute resolution
Unless local mandatory law provides otherwise, these Terms are governed by the laws of Andorra (excluding conflict-of-laws rules). B2B disputes shall be finally resolved by arbitration (one arbitrator, seat in Barcelona or Geneva, language English, rules as agreed by the parties). Consumers retain mandatory protections under the laws of their country of residence.
Miscellaneous
- Assignment: you may not assign or transfer your rights without our consent; we may assign in connection with a corporate transaction.
- Severability: if any provision is held invalid, the remaining provisions remain in effect.
- No waiver: failure to enforce a provision is not a waiver of rights.
- Force majeure: neither party is liable for delay or failure due to events beyond reasonable control.
- Entire agreement: these Terms supersede prior agreements regarding the subject matter.
- Headings are for convenience only and do not affect interpretation.
Changes, notices and contact
We will post material changes in advance (typically at least 30 days). Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. Contact: legal@mergecrew.com.