Montu
Montu

Country Annex — Peru

ChileColombiaPeru
Contents
  1. 1. Governing law and jurisdiction
  2. 2. Consumer protection
  3. 3. Personal data
  4. 4. Copyright and image
  5. 5. Invoicing to Brands
  6. 6. Withholding deposits (detracciones)
  7. 7. Creators' tax documents
  8. 8. Payments to Creators
  9. 9. Advertising
  10. 10. Interest
  11. 11. Expression of will

Applies to Brands incorporated or with tax domicile in Peru, and to Creators with tax residence in Peru. It supplements the Terms for Brands and for Creators, and prevails over them to the extent Peruvian law requires. This is an English translation; if there is any discrepancy, the Spanish version prevails.

ItemPeru
Contracting companyMontu Perú S.A.C.
Tax ID (RUC)20615980715
AddressCalle 2 de Mayo 516, oficina 401, Miraflores, Lima
Contacthola@montu.io · +56 9 6592 3348
CurrencySoles (PEN)
Payment methodsMercado Pago Perú
Governing lawLaw of the Republic of Peru
CourtsJudges and courts of the Judicial District of Lima

1. Governing law and jurisdiction. The Agreement is governed by Peruvian law. Disputes are resolved before the judges and courts of the Judicial District of Lima. This does not limit the right of anyone who is a consumer to file a claim with INDECOPI.

2. Consumer protection. The Consumer Protection and Defense Code (Law No. 29571) applies only when the User is a consumer under that law. No clause of the Agreement limits non-waivable rights.

3. Personal data. Montu Perú S.A.C. is the controller of Users' data in Peru, under Law No. 29733 and its Regulations (Supreme Decree No. 016-2024-JUS). The supervisory authority is the National Authority for Personal Data Protection.

4. Copyright and image. The licenses in the Terms are granted under Legislative Decree No. 822, in writing through electronic acceptance, and with the scope, territory and term stated there. The Creator expressly consents to the use of their image and voice under article 15 of the Civil Code. Non-waivable moral rights are respected.

5. Invoicing to Brands. Montu Perú S.A.C. issues electronic payment vouchers in accordance with SUNAT rules. All items (subscription, Campaign Budget and Service Fee) are invoiced with IGV.

6. Withholding deposits (detracciones). When the service is subject to the Tax Obligations Payment System (SPOT), the Brand deposits the detracción into Montu Perú S.A.C.'s detracciones account at Banco de la Nación. That deposit, evidenced by its receipt, is treated as payment.

7. Creators' tax documents. The Creator must have an active RUC. A Creator who is an individual issues an electronic fee receipt (recibo por honorarios) to Montu Perú S.A.C., and Montu Perú S.A.C. applies the fourth-category income tax withholding when applicable. A Creator that is a company issues an electronic invoice.

8. Payments to Creators. Withdrawals are paid in PEN to a Peruvian bank account or to a digital wallet (for example, Yape or Plin), provided it is in the Creator's name and linked to the same ID number. If a Withdrawal exceeds the daily, monthly or balance limits of the wallet, the Creator must register another account, and Montu is not liable for rejections or delays caused by those limits.

9. Advertising. Collaborations must comply with Legislative Decree No. 1044 (Unfair Competition Law) and INDECOPI's Advertising Guide for Influencers, and be clearly identified as advertising.

10. Interest. Overdue amounts accrue the maximum default interest allowed by the Central Reserve Bank of Peru.

11. Expression of will. Electronic acceptance of the Agreement is a valid expression of will under article 141-A of the Civil Code.