Terms & Conditions
These Terms are a binding agreement between you and Merkuri. By creating an account, booking or performing a delivery, or otherwise using the Merkuri app or website (the "Service"), you agree to these Terms and our Privacy Policy. If you don't agree, don't use the Service.
1. What Merkuri is
Merkuri is a technology platform that lets customers and businesses find, compare and book independent couriers and delivery fleets, and gives couriers and fleets tools to run their delivery businesses. Merkuri is not a delivery or transportation carrier and does not employ couriers. Couriers and fleets are independent businesses that choose which requests to accept and set their own rates.
2. Eligibility & accounts
- You must be at least 18 years old and able to form a binding contract.
- Provide accurate information and keep it up to date. You're responsible for activity on your account and for keeping your login secure.
- One person per account. Don't share or transfer accounts.
3. Couriers & fleets
- Independent status. You act as an independent contractor or business, not an employee, agent or partner of Merkuri. You control when, where and whether you work, and which requests you accept.
- Requirements. You must hold and maintain any valid driver's license, vehicle registration, insurance, business licenses and permits required by law for your vehicle and the deliveries you perform, and may be asked to verify them.
- Conduct. Follow all traffic and safety laws, handle items with reasonable care, deliver to the address and instructions provided, and capture proof of delivery as required.
- Taxes. You're responsible for your own taxes, expenses and insurance. Fleets are responsible for their own couriers, payroll and compliance.
- Profiles. Your profile, video, rates and reviews are shown to customers so they can choose. Profiles must be truthful and represent you.
4. Customers & businesses
- Describe items accurately, provide correct addresses and instructions, and make sure someone can receive the delivery where required.
- Package items appropriately. Couriers may refuse items that are unsafe, improperly packed or prohibited.
- You're responsible for having the right to send the items and for any age-restricted item verification required by law.
5. Pricing, RateSync & fees
- Couriers and fleets set their own rates. The price shown when you book is the price you agree to pay, plus any applicable service fee or tax displayed before you confirm.
- Merkuri may charge service fees or subscription fees, which will be shown before you're charged.
- RateSync™ insights (averages, demand, projections) are estimates for information only. They are not guarantees of earnings, demand or pricing.
6. SecurePay escrow & payouts
- When you book, payment is authorized and held by our third-party payment processor ("SecurePay escrow").
- Funds are released to the courier or fleet after proof of delivery is captured and the delivery is approved, or automatically 48 hours after proof is captured if no dispute is opened.
- Merkuri acts as a limited payment collection agent for couriers and fleets. Payment to Merkuri's processor satisfies your obligation to pay the courier.
- Payouts are subject to the processor's terms, verification and timing. We may hold funds connected to suspected fraud, chargebacks or open disputes.
7. Proof of delivery
Couriers capture time-stamped (and, where enabled, location-stamped) photos for pickup verification, delivery and damage reports. Proof photos may be shared with the customer, fleet and Merkuri and used to resolve disputes. Don't photograph people without consent or capture more than is needed to show the delivery.
8. Cancellations & disputes
- Customers may cancel before pickup for a full release of escrowed funds, unless a cancellation fee was shown at booking.
- Couriers may cancel before pickup; repeated cancellations may affect your account standing.
- To dispute a delivery (missing, late, wrong or damaged item), open a dispute in the app or email support@merkuri.app within 48 hours of delivery. We'll review proof and records and decide how escrowed funds are handled. Our decision on escrow release is final as between the parties for that transaction, without limiting any rights you have by law.
9. Prohibited items & conduct
You may not use the Service to send or deliver: illegal items or controlled substances; weapons, ammunition or explosives; hazardous materials; live animals; cash, securities or high-value items beyond any limit we publish; stolen goods; or anything a courier is not legally permitted to carry. You also may not:
- harass, threaten, discriminate against or endanger anyone;
- post false profiles, reviews or ratings, or manipulate pricing or ratings;
- arrange to take payment for Merkuri-booked deliveries outside the Service to avoid fees or escrow;
- scrape, reverse engineer, interfere with or overload the Service, or access it by automated means without permission;
- violate any law or anyone's rights.
10. Your content
You keep ownership of content you submit (profile videos, photos, messages, reviews). You grant Merkuri a non-exclusive, worldwide, royalty-free license to host, display, reproduce and use that content to operate, promote and improve the Service. You confirm you have the rights to the content and that it doesn't violate law or anyone's rights. We may remove content that violates these Terms.
11. Our intellectual property
The Merkuri name, winged-M logo, "The Element of Delivery," RateSync™, SecurePay and the Service's software and design are owned by Merkuri. We grant you a limited, revocable, non-transferable license to use the Service for its intended purpose. Feedback you send us may be used without obligation to you.
12. Offline use & app updates
The Service stores data on your device so it works offline. Actions taken offline (such as messages or status updates) may sync later and may be affected by what happened while you were offline. We update the app automatically; some features may require the latest version or an internet connection (for example, navigation and payments).
13. Third-party services
The Service links to or uses third-party services such as payment processors, maps and app stores. Their terms and privacy policies apply to your use of them, and we're not responsible for them.
14. Disclaimers
The Service is provided "as is" and "as available." To the fullest extent permitted by law, Merkuri disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Merkuri does not guarantee the quality, timing, safety or legality of any delivery, or the conduct of any courier, fleet, customer or business, and does not guarantee that the Service will be uninterrupted or error-free. Network statistics and market data in the Service may be estimated or sample data.
15. Limitation of liability
To the fullest extent permitted by law, Merkuri and its owners, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service or any delivery. Merkuri's total liability for any claim will not exceed the greater of (a) the fees you paid to Merkuri in the 3 months before the claim, or (b) $100. Some jurisdictions don't allow these limits, so they may not fully apply to you.
16. Indemnification
You agree to defend, indemnify and hold harmless Merkuri from claims, losses and expenses (including reasonable attorneys' fees) arising from your use of the Service, your deliveries or items, your content, or your violation of these Terms or the law.
17. Termination
You can stop using the Service and request account deletion at any time (see Data Deletion). We may suspend or terminate access if you violate these Terms, create risk or legal exposure, or for fraud or safety reasons. Sections that by their nature should survive termination (including payments owed, content license, disclaimers, limitation of liability, indemnification and governing law) will survive.
18. Governing law & disputes
These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. Before filing a claim, you agree to contact us at support@merkuri.app and try to resolve the dispute informally for 30 days. Unresolved disputes will be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to their jurisdiction, except that either party may bring an individual claim in small-claims court where eligible.
19. Changes
We may update these Terms. If changes are material, we'll notify you in the app or by email before they take effect. Continuing to use the Service after changes take effect means you accept them.
20. Contact
Merkuri · Miami, Florida, USA
Support: support@merkuri.app
Legal & privacy: privacy@merkuri.app
