Terms of Use

1. Who provides the service

The service is provided by Francisco Daniel Romero Fernandez, a sole trader operating the Marki brand, Portuguese tax ID (NIF) 308404173, with address at Rua Dr. Alberto Vidal 139, 3860-368 Estarreja, Aveiro, Portugal. Contact: [email protected].

2. The service

Calendar, an online booking page at the salon’s address on marki.pt, email and SMS notifications to clients, and management of team, services and clients, according to the chosen plan.

We improve the service continuously: we may add, change or remove features, but we will not significantly reduce what a paid plan includes without prior notice.

3. The account

The client is responsible for the accuracy of the data provided, for keeping passwords confidential and for the access given to their team. Whoever creates the account must be of legal age and authorised to represent the business.

4. Trial and plans

Every new account has a 14-day trial with everything included, no card required. At the end, it moves to the Free plan unless a paid plan is chosen.

Prices and limits of each plan are published on marki.pt. Prices do not include VAT, which is added at the legal rate when applicable.

5. Billing and payment

Payment is monthly in arrears: on the 1st we issue the charge for the previous month, in proportion to the days on a paid plan and the professionals active each day. The charge is payable by the 8th by card, MB WAY, Multibanco reference or bank transfer.

After payment we issue the corresponding receipt, available in the Panel.

6. Non-payment

If a charge is not paid on time, we send reminders. If non-payment continues, we may suspend access to the Panel and the booking page, with at least 7 days’ prior notice, until it is settled. Suspension does not delete any data.

7. Cancellation

There is no minimum term: the client can cancel at any time by writing to [email protected], and only pays for the days already used.

We may terminate the contract with 30 days’ notice, or immediately in case of unlawful use or a serious breach of these terms.

At the end, the client may request a copy of their data. The data is then deleted within 30 days, and from backups within 6 months, except where the law requires it to be kept.

8. Acceptable use

• Do not use the service for unlawful purposes, or to send advertising or messages your clients do not expect.
• Do not try to access other people’s accounts or disrupt the service.
• Comply with the GDPR towards your own clients: inform them and have a legal basis to process their data.
• The SMS included in the plans are for appointment notifications.

9. Data of the salon’s clients

For the data of their clients and team, the client is the controller and Marki is the processor, under the Annex (Data Processing Agreement).

10. Availability

We do our best to keep the service available and free of errors, with daily backups, but we do not guarantee uninterrupted operation. Whenever possible, maintenance is carried out outside salons’ usual opening hours.

11. Liability

To the maximum extent permitted by law, Marki is not liable for indirect damages, such as loss of profit or loss of clients, and its total liability is limited to the amount paid by the client in the previous 12 months. This limitation does not apply in case of wilful misconduct or gross negligence.

12. Changes to these terms

We give at least 30 days’ notice of any significant change, by email or in the Panel. If you do not agree, you can cancel at no cost before it takes effect.

13. Governing law and complaints

These terms are governed by Portuguese law. The courts of the district of Aveiro (Portugal) have jurisdiction over any dispute, unless mandatory rules provide otherwise.

We have an electronic complaints book (Livro de Reclamações), at www.livroreclamacoes.pt.

Annex — Data Processing Agreement (Article 28 GDPR)

• Roles: the client (the salon) is the controller of the data of its clients and team; Marki is the processor.
• Subject matter and duration: processing the data needed to provide the service, for the duration of the contract.
• Data and data subjects: the salon’s clients (name, phone, email, language, appointments, notes and consents) and team members (name, email and schedules).
• Instructions: Marki processes the data only on the client’s instructions, which are those resulting from the use of the service and these terms, and does not use it for its own purposes.
• Confidentiality: anyone with access to the data is bound by confidentiality. Support access to an account only happens when necessary and is logged.
• Security: the measures described in section 7 of the Privacy Policy.
• Sub-processors: the client authorises the providers listed in section 4 of the Privacy Policy. We give reasonable notice of changes, and the client may object.
• Assistance: we help the client respond to data subjects’ requests; the Panel allows exporting and anonymising a client’s data.
• Data breaches: we notify the client without undue delay, at the latest 48 hours after becoming aware.
• End of contract: the data is returned or deleted as set out in section 7.
• Audit: we make available to the client the information needed to demonstrate compliance with this agreement.