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LOOMINARY.PT
PT

Terms and Conditions of Use

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1. Identification of the Provider

These Terms and Conditions govern the use of the website loominary.pt and of the services provided under the trading name Loominary (hereinafter "Loominary", "we" or "our").

Provider: Jorge Ferreira, sole trader, established in the Porto district, Portugal, operating under the trading name Loominary.

Contacts:

2. Subject Matter

These Terms govern:

a) The use of the website loominary.pt by any visitor;

b) The contracting and use of the software services provided by Loominary to its institutional clients (clinics, practices, healthcare professionals and other entities), namely:

  • AI virtual receptionist for voice, WhatsApp and web channels
  • Automated management of appointments and communications with patients or end customers
  • Integrations with practice management systems (PMS) and calendars
  • Dashboards, reports and auxiliary tools made available in the context of the service

The specific contractual relationship between Loominary and each institutional client is governed by a specific contract (commercial proposal, service order or service agreement) and by a Data Processing Agreement (DPA) where it involves the processing of personal data on behalf of the client.

3. Acceptance of the Terms

Use of the website or the services implies having read, understood and fully accepted these Terms. Anyone who does not agree with any provision must refrain from using the website and the services.

Where a written contract exists between Loominary and the client, the conditions set out there prevail. Where they are silent, these Terms apply subsidiarily.

4. Definitions

For the purposes of these Terms:

  • Client: natural or legal person who contracts Loominary's services, acting in the course of its professional or business activity.
  • End User: person who interacts with Loominary's services at the initiative of the Client (e.g. patients of a clinic who receive automated messages).
  • Visitor: any person who accesses the website loominary.pt without necessarily being a Client.
  • Services: the set of software, integration and support features made available by Loominary to the Client.
  • Account: credentials and profile assigned to the Client to access the dashboard and manage the Services.

5. Nature of the Services (B2B)

The services provided by Loominary are intended exclusively for professional and business clients (business-to-business relationship). They are not directed at consumers within the meaning of Article 2(1)(a) of Law no. 24/96 of 31 July (Portuguese Consumer Protection Law).

Consequently, the legal regimes specifically intended for consumers do not apply, namely Decree-Law no. 24/2014 of 14 February (distance and off-premises contracts).

6. Registration and Client Account

6.1 Account creation

To use the Services, the Client must create an account, providing true, accurate and up-to-date information. The Client is responsible for keeping the credentials confidential and for all activities carried out with its account.

6.2 Integration with third-party platforms

Certain Services require the Client to authorise Loominary to operate on its behalf on third-party platforms, namely:

  • WhatsApp Business Platform (Meta Platforms Ireland Ltd.), through the Embedded Signup process, in which the Client authorises Loominary, as Tech Provider, to send and receive messages on its behalf
  • Google Calendar / Google Workspace
  • Practice management systems (doc.pt, iMed, among others)

The Client declares that it holds all rights, authorisations and consents necessary for Loominary to operate on those platforms on its behalf, and undertakes to comply with the terms of use of those platforms.

6.3 Suspension and cancellation of account

Loominary reserves the right to suspend or cancel the Client's account in the event of a breach of these Terms, of the contract entered into, of third-party platform policies (in particular Meta's policies for the WhatsApp Business Platform), or where there is a risk to the security, integrity or reputation of the Services.

7. Client Obligations

The Client undertakes to:

  • a) Use the Services in good faith, in compliance with the law and with these Terms;
  • b) Not use the Services for unlawful purposes, namely to send unsolicited communications (spam), harassment, fraud, or dissemination of illegal content;
  • c) Comply with Meta's Commerce and Messaging Policies for the WhatsApp Business Platform, namely regarding valid opt-in from End Users, permitted content, frequency limits and message categories (Utility, Marketing, Authentication, Service);
  • d) Obtain and maintain the informed consent of End Users, where applicable, for the processing of their personal data and for receiving communications;
  • e) Make its own privacy policy available to End Users, identifying itself as data controller;
  • f) Provide true and complete information in the forms and settings of the Services;
  • g) Not attempt to access, modify or interfere with system components, other clients' accounts or infrastructure beyond what is expressly authorised;
  • h) Not reverse engineer, decompile or attempt to extract the source code of the Services;
  • i) Pay the amounts due on time, under the contractually agreed terms.

8. Personal Data Protection

8.1 Loominary as Data Controller

With regard to personal data collected on the website loominary.pt and in the direct commercial relationship with the Client, Loominary acts as data controller, under the terms described in the Privacy Policy.

8.2 Loominary as Data Processor

With regard to personal data processed in the provision of the Services to the Client (including End User data), Loominary acts as data processor under a Data Processing Agreement (DPA) entered into with each Client, in accordance with Article 28 of the GDPR.

In that capacity, Loominary:

  • Processes the data exclusively on the Client's documented instructions;
  • Keeps the data confidential;
  • Implements technical and organisational measures appropriate to the risk;
  • Assists the Client in responding to data subjects' rights;
  • Notifies the Client, without undue delay, of any personal data breach;
  • Deletes or returns the data at the end of the contract, at the Client's choice.

8.3 Special categories of data

The Services may involve the processing of health data (a special category of data, Article 9 GDPR). The Client is responsible for ensuring an appropriate legal basis for the processing of such data and for adequately informing End Users.

9. Artificial Intelligence and Automated Decisions

The Services rely on Artificial Intelligence technologies, namely large language models provided by third parties (such as Google Gemini), to generate automatic replies and process requests.

Loominary seeks to ensure that:

  • The Services operate within limits configurable by the Client (authorised tools, prompts, topic restrictions);
  • No automated decisions with legal or similarly significant effects on End Users are made without human oversight, under Article 22 of the GDPR;
  • Escalation to a human operator of the Client is always possible.

The Client is responsible for informing End Users that they are interacting with an automated system, whenever this is not evident from the context.

10. Prices, Invoicing and Payment

Prices, payment terms, invoicing cycles and price review periods are those set out in the commercial proposal or contract entered into between Loominary and the Client.

In the event of late payment, default interest is due at the statutory rate applicable to commercial transactions, under Decree-Law no. 62/2013 of 10 May.

Loominary reserves the right to suspend the Services in the event of prolonged non-payment, upon prior notice.

11. Intellectual Property

11.1 Loominary's rights

All content of the website and the Services (source code, interfaces, design, trademarks, logos, texts, prompts, AI configurations, documentation) is owned by or licensed to Loominary and is protected by the Portuguese Code of Copyright and Related Rights (Decree-Law no. 63/85 of 14 March), the Industrial Property Code and applicable European legislation.

Contracting the Services grants the Client a non-exclusive, non-transferable licence limited to their use during the term of the contract, exclusively for the agreed purposes.

11.2 Client content

The Client retains ownership of the data, content, configurations and materials it enters into the Services. It grants Loominary a limited licence to process them exclusively to the extent necessary to provide the Services.

11.3 Suggestions and improvements

Suggestions, comments or improvement proposals sent by the Client to Loominary may be freely used by Loominary to evolve the Services, without any obligation of compensation.

12. Availability and Maintenance of the Services

Loominary makes its best efforts to ensure the continuous availability of the Services, without however guaranteeing uninterrupted availability. The Services may be temporarily unavailable due to:

  • Scheduled maintenance (with prior notice whenever possible);
  • Failures of essential third-party services (e.g. Meta, Google, cloud provider);
  • Force majeure events;
  • Security incidents requiring preventive suspension.

Specific service level commitments (SLA) apply only where expressly agreed in a contract.

13. Limitation of Liability

To the fullest extent permitted by applicable law:

  • a) Loominary's liability for direct damages arising from the provision of the Services is limited to the amount actually paid by the Client in the 12 months preceding the event giving rise to the claim;
  • b) Loominary is not liable for indirect damages, loss of profit, loss of business opportunities, loss of reputation, loss of data or business interruption, except in cases of wilful misconduct or gross negligence;
  • c) Loominary is not liable for failures, unavailability or acts of third-party platforms used in the context of the Services (Meta, Google, doc.pt, telecommunications providers, among others);
  • d) Loominary is not liable for consequences arising from misuse of the Services by the Client, breach of these Terms or non-compliance with legal obligations incumbent on the Client.

The limitations in this section do not apply to damages caused by wilful misconduct, gross negligence, injury to life or physical integrity, or to liabilities that cannot be limited under mandatory law.

14. Confidentiality

Loominary and the Client undertake to keep confidential all confidential information to which they have access in the context of the contractual relationship, during the term of the contract and for a period of 5 years after its end.

The following is not considered confidential information:

  • Information that is or becomes public without breach of these Terms;
  • Information already known to the receiving party before disclosure;
  • Information lawfully obtained from a third party without a duty of confidentiality;
  • Information that must be disclosed by legal requirement or court order.

15. Term and Termination

The term of the contractual relationship is that established in the contract between the parties. In the absence of a specific contractual term, the relationship is deemed to be for an indefinite period and may be terminated by either party with 30 days' written notice.

Termination does not affect:

  • The performance of obligations already due and not yet fulfilled;
  • Clauses which by their nature must survive (confidentiality, intellectual property, limitation of liability, governing law and jurisdiction);
  • The duties to return or delete data under the applicable DPA.

16. Force Majeure

Neither party is liable for non-performance or defective performance arising from force majeure, namely natural disasters, armed conflicts, pandemics, government decisions, widespread failures of telecommunications or essential providers, widespread cyberattacks or prolonged Internet outages.

The affected party must notify the other, as soon as possible, of the occurrence of the force majeure event and its foreseeable effects.

17. Changes to the Terms

Loominary reserves the right to update these Terms at any time. Changes take effect on the date of their publication on the website, unless a grace period is expressly indicated.

Where changes are substantive and affect active Clients, they will be communicated 30 days in advance by email to the registered contacts, and the Client may, within that period, terminate the contractual relationship without penalty if it does not agree.

The version in force is always the one published on this page, with the respective date of last update.

18. Alternative Dispute Resolution

As this is a business-to-business relationship, the consumer alternative dispute resolution regime provided for in Law no. 144/2015 of 8 September does not apply.

Where applicable to relationships with end consumers, please note that the list of Consumer Dispute Arbitration Centres can be consulted at www.consumidor.gov.pt.

19. Governing Law and Jurisdiction

These Terms are governed by Portuguese law, namely:

  • The Civil Code
  • Law no. 7/2004 of 7 January (Electronic Commerce Law)
  • Regulation (EU) 2016/679 (GDPR) and Law no. 58/2019 of 8 August
  • Other applicable legislation

For the resolution of any dispute arising from the interpretation or performance of these Terms, the parties elect the courts of the Judicial District of Porto, expressly waiving any other.

20. Final Provisions

The nullity or invalidity of any clause of these Terms does not affect the validity of the remaining clauses, which remain in force.

The failure of either party to demand, at any given time, the performance of any obligation set out herein does not constitute a waiver of its right to demand such performance later.

For any clarification about these Terms, contact us at info@loominary.pt or, for privacy matters, privacidade@loominary.pt.

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