Terms of Service

1. Acceptance of Terms

By accessing or using the Punctual platform and its associated services (collectively, the "Service"), you agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional policies or guidelines incorporated herein by reference. These Terms constitute a binding legal agreement between you and GESTIVON SOFTWARE SOLUTIONS, LDA (NIF: 519293436), a company registered in Portugal ("Punctual," "we," "us," or "our").

If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Service.

We reserve the right to update or modify these Terms at any time. We will provide at least 30 days' notice for material changes via email or an in-platform notification. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Service" means the Punctual booking management platform, including its web applications, mobile interfaces, API, AI voice assistant, WhatsApp chatbot integration, and all related features.
• "User" / "Business" means any individual or legal entity that registers for and uses the Service to manage their business bookings and customer interactions.
• "End-User" / "Customer" means any individual who interacts with the Service through a Business's account (e.g., a person booking an appointment).
• "Business Data" means all data relating to the Business's operations that are uploaded to, or processed by, the Service.
• "End-User Data" means all personal data of End-Users processed through the Service on behalf of the Business.
• "Subscription" means the recurring paid plan chosen by the Business to access premium features of the Service.
• "GDPR" means the General Data Protection Regulation (EU) 2016/679.
• "Data Controller" and "Data Processor" have the meanings given to them under the GDPR.

3. Description of Service

Punctual is a B2B SaaS platform that enables businesses to manage appointments, streamline customer communications, and automate booking workflows. The Service includes, but is not limited to:

• Online booking management (calendar, availability, appointment scheduling)
• AI-powered voice assistant for automated phone booking and customer support (via LiveKit/SIP)
• WhatsApp chatbot integration for messaging-based booking
• Customer relationship management (CRM) tools
• Payment collection from End-Users via Stripe
• Transactional notifications (email via Dominios.pt SMTP, SMS via Zadarma)
• Business analytics and reporting dashboards

We reserve the right to modify, add, suspend, or discontinue any aspect of the Service at any time, with reasonable prior notice where practicable. Certain features may require a paid Subscription to access.

4. Account Registration & Business Obligations

To use the Service, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the security and confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately at support@punctual.pt of any suspected unauthorised access to or use of your account. We will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

By registering, you warrant that:

• You are at least 18 years of age and legally capable of entering binding contracts;
• Any business you represent is validly registered and operating in compliance with applicable law;
• All information you provide is accurate and you will keep it up to date;
• You will use the Service only for lawful purposes and in accordance with these Terms.

5. Subscription Plans & Billing

The Service is made available on a subscription basis. Subscription plans, pricing, and included features are detailed on our Pricing page. All prices are in Euros (€) and exclusive of applicable taxes (VAT).

Billing Cycle: Subscriptions are billed monthly or annually, in advance, depending on the plan you select. Your subscription automatically renews at the end of each billing cycle unless you cancel it beforehand.

Payment: You authorise us (through Stripe) to charge your designated payment method on a recurring basis. If a payment fails, we will notify you and may suspend access to the Service until the outstanding balance is settled.

Price Changes: We reserve the right to adjust pricing with at least 30 days' written notice. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

Taxes: You are responsible for all taxes, duties, and levies applicable to your subscription in your jurisdiction, excluding taxes based on our net income.

6. Payment Processing (Stripe Connect)

Punctual uses Stripe to facilitate payment collection between you (the Business) and your End-Users. By enabling payment features, you agree to be bound by the Stripe Connected Account Agreement and the Stripe Privacy Policy.

As part of connecting your Stripe account, you authorise Punctual to:

• Initiate charges to End-Users on your behalf;
• Deduct the Punctual platform fee from transactions before disbursement to you;
• Issue refunds to End-Users as instructed by you.

Fees: Our platform fee per transaction is stated on our Pricing page. The fee is deducted automatically from each transaction at the time of processing.

Disputes & Chargebacks: You are solely responsible for resolving disputes between you and your End-Users. You agree to cooperate with Stripe's dispute resolution process and to maintain a chargeback rate within Stripe's acceptable thresholds. Punctual may suspend payment features if your chargeback rate becomes excessive.

Punctual does not store your End-Users' full payment card details. All payment data is handled directly by Stripe in accordance with PCI DSS standards. We are not responsible for funds held by or disputes arising within Stripe.

7. Cancellation & Refund Policy

Free Trial: If we offer a free trial period, you will not be charged until the trial expires. You may cancel at any time during the trial without charge.

Cancellation by You: You may cancel your Subscription at any time through your Account Settings or by contacting us at support@punctual.pt. Cancellation takes effect at the end of the current billing cycle. You will retain access to paid features until that date. No partial refunds are issued for the remaining period of a billing cycle, except as required by mandatory consumer protection law.

Right of Withdrawal (EU/Portugal): If you are a consumer (not purchasing in a professional capacity), you have a statutory right to withdraw from the contract within 14 days of your initial subscription without giving any reason (Decreto-Lei 24/2014). To exercise this right, you must notify us at support@punctual.pt before the 14-day period expires. If you have already begun using the Service, pro-rata charges for use up to the date of withdrawal may apply.

Cancellation by Us: We may cancel or suspend your account for material breach of these Terms, with or without prior notice depending on severity. We will refund any prepaid fees covering the remainder of the subscription period if we terminate without cause.

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You must not use the Service to:

• Violate any applicable local, national, or international law or regulation;
• Transmit unsolicited commercial communications (spam) to End-Users;
• Collect or harvest personal data from End-Users without their knowledge and consent;
• Impersonate any person or misrepresent your affiliation with any entity;
• Engage in any conduct that is fraudulent, abusive, or harmful to any person;
• Introduce malicious code, viruses, or other harmful software into the Service;
• Attempt to gain unauthorised access to any part of the Service or its underlying systems;
• Attempt to bypass or disable the mandatory AI disclosure. Punctual's AI voice assistant will always explicitly state that the call is being recorded and handled by an AI, and will instruct End-Users to use alternative channels if they do not consent. You must not use the Service to deceive End-Users about the nature of the AI interaction.

We reserve the right to investigate suspected violations of this policy and to take appropriate action, including suspension or termination of your account, reporting to law enforcement, and pursuing civil remedies.

9. Data Processing Agreement (GDPR Article 28)

This section constitutes a Data Processing Agreement ("DPA") between the Business (acting as Data Controller) and Punctual (acting as Data Processor) as required by Article 28 of the GDPR. By accepting these Terms, you acknowledge and agree to the following data processing terms.

9.1 Roles & Responsibilities

When the Business uses Punctual to manage its End-Users' data (including booking records, phone numbers, and communications), the Business acts as the Data Controller, and Punctual acts as the Data Processor. Punctual will only process End-User Data on documented instructions from the Business, which are embedded in the configuration of the Service.

The Business, as Data Controller, remains solely responsible for:

• Ensuring it has a lawful basis to collect and share End-User Data with Punctual;
• Providing End-Users with required privacy notices explaining how their data is used;
• Obtaining any necessary consents from End-Users (e.g., for automated AI communication processing);
• Responding to End-Users' data subject rights requests (with Punctual's technical assistance).

9.2 Processing Details

9.3 Security Measures

Punctual implements appropriate technical and organisational measures to protect End-User Data, including:

• Encryption of data in transit using TLS 1.2 or higher;
• Encryption of data at rest on all storage systems;
• Access controls and role-based permissions limiting data access to authorised personnel;
• Regular security testing and vulnerability assessments;
• Secure backup procedures with tested recovery plans.

9.4 Sub-Processors

The Business authorises Punctual to engage the following sub-processors. Punctual ensures each sub-processor is bound by data protection obligations equivalent to this DPA:

We will notify you of any intended changes to this sub-processor list (additions or replacements) with at least 14 days' notice, giving you the opportunity to object. If you object and we cannot accommodate your objection, you may terminate the Service without penalty.

9.5 Data Subject Rights Assistance

Punctual will provide reasonable technical assistance to help the Business fulfil its obligations to respond to data subject rights requests (access, rectification, erasure, restriction, portability, and objection) under Articles 15–22 of the GDPR. Requests should be routed through the Business, who remains responsible for the final response.

9.6 Data Breach Notification

In the event of a personal data breach affecting End-User Data, Punctual will notify the Business without undue delay, and in any case within 72 hours of becoming aware of the breach, providing sufficient information to allow the Business to fulfil its own notification obligations under GDPR Article 33 (to the supervisory authority) and Article 34 (to affected data subjects where required).

9.7 Audit Rights

The Business may request a written summary of Punctual's data protection practices up to once per calendar year. Punctual will respond within 30 days. On-site audits may be agreed upon in writing and are subject to reasonable advance notice (minimum 30 days), confidentiality obligations, and cost-sharing arrangements.

9.8 Data Deletion & Return

Upon termination of the Subscription, Punctual will delete or anonymise all End-User Data within 90 days, unless retention is required by applicable law. Upon request made within 30 days of termination, Punctual will provide a data export in a structured, machine-readable format.

10. AI Voice Features & Processing

Certain features of the Service involve the real-time AI-powered transcription of telephone calls. While no call recordings or transcriptions are stored or saved, Portuguese law (Lei n.º 41/2004, de 18 de Agosto) and other applicable telecommunications regulations require that all parties to a call must be informed of and, where required, consent to any automated processing or interception of their communications.

The Business's Obligations: When using the AI voice assistant features, you (the Business) are solely and exclusively responsible for:

• Ensuring your End-Users are informed that calls are handled and processed in real-time by an AI system before the call commences;
• Obtaining any required consent from End-Users for automated call processing;
• Ensuring that any pre-call announcement or audio disclosure complies with applicable law in the End-User's jurisdiction;
• Establishing and communicating to End-Users the mechanism by which they may opt out of AI processing.

Punctual's Role: Punctual will provide technical mechanisms (such as pre-call consent prompts) to support the Business in meeting these obligations, but technical availability of such mechanisms does not relieve the Business of its legal responsibilities.

Data Handling: Voice audio is processed ephemerally in real-time by Deepgram (speech-to-text). We explicitly enforce a strict data minimization policy: we do not record, log, or store any audio files, nor do we save the AI-generated text transcriptions. They exist only in RAM during the active call to facilitate the booking intent.

11. Intellectual Property

Our IP: The Service — including but not limited to its software, code, algorithms, interfaces, logos, trademarks, and documentation — is and remains the exclusive property of GESTIVON SOFTWARE SOLUTIONS, LDA and its licensors, protected by Portuguese and EU intellectual property law. These Terms do not grant you any rights in or to our IP other than a limited, non-exclusive, non-transferable, revocable licence to access and use the Service in accordance with these Terms.

Your Content: You retain all ownership rights to the Business Data and End-User Data you bring to the platform. By using the Service, you grant Punctual a limited, non-exclusive licence to process, store, and transmit that data solely to the extent necessary to provide the Service.

Feedback: If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free licence to use that Feedback without restriction or compensation to you.

12. Confidentiality

Each party may receive confidential information of the other in connection with the Service ("Confidential Information"). Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to any third party without prior written consent, using at least the same degree of care used to protect its own confidential information (but no less than reasonable care).

Confidential Information does not include information that: (a) is or becomes publicly known through no act of the receiving party; (b) was already known to the receiving party without restriction; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law or court order, provided prompt notice is given to the disclosing party.

13. Limitation of Liability

To the maximum extent permitted by applicable law, GESTIVON SOFTWARE SOLUTIONS, LDA and its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of revenue, loss of profit, loss of data, loss of goodwill, or business interruption — even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms or the Service is limited to the greater of: (a) €100; or (b) the total fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by Portuguese or EU law.

14. Indemnification

You agree to defend, indemnify, and hold harmless GESTIVON SOFTWARE SOLUTIONS, LDA and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your use of the Service in violation of applicable law; (c) your failure to obtain required consents from End-Users for AI processing or automated call handling; or (d) any dispute between you and your End-Users.

15. Service Level & Availability

We aim to keep the Service available 24/7, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable for scheduled maintenance (for which we will provide advance notice where reasonably practicable) or due to circumstances beyond our control.

We make no warranty that the Service will be error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components. The Service is provided "as is" and "as available," to the fullest extent permitted by law.

16. Modifications to Service & Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice by email or via an in-platform notification. The updated Terms will be published at punctual.pt/terms with an updated "Last updated" date.

Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your Subscription before the effective date.

17. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Portugal and, where applicable, the European Union, without regard to conflict of law principles.

Informal Resolution: Before initiating any formal proceedings, the parties agree to attempt to resolve any dispute informally by contacting support@punctual.pt. We will use good-faith efforts to resolve the dispute within 30 days.

Consumer Mediation: If you are a consumer, you have the right to use an alternative dispute resolution (ADR) entity. You may submit a complaint via the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Our email for ODR purposes is support@punctual.pt.

Jurisdiction: Any disputes not resolved informally or through ADR will be subject to the exclusive jurisdiction of the competent courts of Portugal.

18. Force Majeure

Neither party will be liable for any delay or failure to perform any obligation under these Terms to the extent that such delay or failure is caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond a party's reasonable control, including: acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, epidemics, pandemics, power or internet outages, or failures of third-party infrastructure providers. The affected party must notify the other promptly and make reasonable efforts to minimise the impact.

19. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other policies incorporated herein, constitute the entire agreement between you and Punctual regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets, with notice to you.
• Relationship: The parties are independent contractors. Nothing in these Terms creates an employment, partnership, agency, or joint venture relationship.

20. Contact Us

If you have any questions about these Terms or the Service, please contact us: